The Appeal Court has acquitted a computer wizard of lese majeste charges saying the prosecution had no evidence to prove that the defendant had anything to do with a Facebook page that contained numerous postings defaming the monarchy.
Surapak: Didn’t make Facebook postings
The Appeal Court upheld the Oct 31 2012 verdict of the First Court of Instance that acquitted Surapak Phuchaisang, from Bung Kan province, of lese majeste charges saying it was giving him the benefit of the doubt since the burden of proof rests with prosecutors.
The Appeal Court also rectified what it termed an “incomplete verdict” of the First Court of Instance by ordering the return of a computer confiscated by the police to the defendant.
After the ruling, the 42-year-old defendant and his 71-year-old mother, who had travelled from the northeastern province to Bangkok, rejoiced.
“I’m grateful to the Appeal Court which fully understood the essence of justice and also handed down a clear order for the police to return my computer,” said Mr Surapak.
He been living and working in Bangkok as a computer programmer and software provider.
Mr Surapak was arrested on Sept 2, 2011 after the Technology Crime Suppression Division put him under surveillance.
The police had accused Mr Surapak of owning the dorkao@hotmail.com account which they said was used as the log-in name for the Facebook page “We Would (reign over) The Land By Coup”.
Five postings on that Facebook page from May to August 2011 were deemed to have insulted and defamed the monarchy.
The court questioned why the prosecution did not bring police witness Manaschai Saengsawasdi to testify against Mr Surapak in court as this was unfair and constituted an abuse of power by the police.
The court said given the volatility in society at present, a charge of lese majeste was sensitive and the court needed to be very thorough in its deliberations before rendering a judgement.
“The burden of proof that the defendant committed crimes rests with the prosecutors, not the defendant.
"But the prosecutors failed to do this even during the appeal process,” the court said.
The prosecutors' claim that the defendant was a computer wizard which made proving his wrongdoing more difficult was not an acceptable argument, the court said.
In reading the verdict, the court also spent eight minutes praising the value and the role of the monarchy institution saying it was one of the key institutions represented in the colours of the Thai national flag.
“The institution has proved indispensable and invaluable in Thai history and even more important in the current time of political transition as the institution will help keep Thailand from being separated,” the court said.
The court noted: “The charges could have sent the defendant to jail, depriving him of his rights and liberty. Hence, the court will give the defendant the benefit of the doubt and uphold the First Court’s verdict that he did not commit the crimes.”
Mr Surapak was detained without bail for 13 months throughout the first trial until he was acquitted in October last year.
During the First Court of Instance, he and another computer expert who taught at the Royal Thai Navy Academy were able to prove that someone had tampered with his computer while he was under police detention.