21 Nov. 2023 – At the consideration room 901, Criminal Court, Ratchadaphisek Road, the court scheduled the examination of the defendant’s final witness. Case number A.1083/2013 The prosecutor of Criminal Division 9 is the plaintiff in filing a lawsuit against Mr. Suriyan Thongnuiad and 67 people as defendants in the case of the alliance attacking the Don Mueang and Suvarnabhumi airports in 2008.
in the common offense of making it known to the public by word, letter, or any other means which is not an action within the purpose of the Constitution To cause change in the land or government By using violent force to cause chaos. Being rebellious among the people to cause people to violate the laws of the land; gathering together from 10 people or more to use violence to cause chaos in the country by using weapons; joining together to disturb the possession Hiding in someone else’s office building and refusing to leave the premises. By using violent force, together from 2 or more people to violate the orders of the chief responsible for resolving the emergency situation according to Emergency Decree on Public Administration in Emergency Situations, B.E. 2005
Today, Panthep Puapongphan, the 18th defendant, and his lawyer came to the court to testify as the defendant’s final witness.
Mr. Panthep said he came to testify as the 18th defendant in the second set of PAD cases. Gathering at Don Mueang Airport and Suvarnabhumi Airport in 2008. In the past, they had the opportunity to cross-examine the investigating officer. which the prosecution witness has already referred to himself and although he was not the leader of the alliance during that time But today I will bring evidence gathered over many years as an academic and the media. This was enough to give an overall picture of what happened in order to make a 100-page statement to the court, ensuring that the PAD’s gathering not the perpetrator As for not committing any wrongdoing, he will ask to testify in court. As for the case of the first group of leaders of the alliance to storm the airport, there are 36 defendants. The court has scheduled a hearing of the verdict on December 18 at 9:00 a.m.
Mr. Panthep said that the gathering of the alliance group It was an exercise of the right to resist the illegal acquisition of power according to the constitution of the government of that era. That led to the dissolution of the People Power Party on December 2, 2008 and stopped attempts to amend the constitution to overthrow corruption cases. Cancel cases for dissolving political parties after elections have passed. As for the gathering in that event, what will it be like? There will be details in the testimony. But the demonstrations during that time were very successful in making corruption cases move forward, until 12 cases were ended and many people were imprisoned. Including Mr. Thaksin Shinawatra, we sincerely believe that he acted against the illegal acquisition of power according to the provisions of the Constitution. At the same time, we oppose corruption. We believe and are confident that what we do is not just freedom of assembly but serves to protect the national interest. which is a duty according to the constitution
After submitting his testimony, Mr. Panthep said he had submitted his testimony, which today the prosecutor has read and has completed cross-examination. The court has scheduled a meeting with all defendants on December 20th for a hearing which is expected to be in March next year. For details of the written affidavit filed with the court today. It is a document of over 100 pages, divided into 10 points.
The first is the opposition of the Alliance. It is against the People Power Party that inherited power from the Thai Rak Thai Party. Because there is corruption. There are 12 Supreme Court cases involving Mr. Thaksin and his associates worth almost 100 billion baht. Therefore, the PAD Oppose the amendment to Section 309 of the Constitution, canceling the powers of the NCPO that had previously been examined. Therefore, it is equal to the alliance. Oppose amending the constitution to expiate Thaksin’s guilt. It means that the alliance performs the duties of the Thai people. According to the Constitution, Section 71
Point 2: The alliance opposes both parties as mentioned. Because he gained power without following the procedures specified in the Constitution. The alliance therefore relies on the right to protect the constitution under Section 69 to oppose those who gained power through election fraud. which has a judgment of the Constitutional Court to dissolve the People Power Party And before that, the Thai Rak Thai party was dissolved on the same charge.
Article 3 Alliance group Opposing the government is honest and in accordance with the constitution. which had previously been ruled by the Supreme Court There were two cases that Mr. Thaksin filed against the PAD in 2008, both of which we won. The judgment states that what we have stated is not beyond the truth. There is also a judgment of the Supreme Administrative Court. that allowed the PAD to win the case for dispersing the October 7, 2008 demonstration and the case in which the prosecutor sued the PAD for the demonstration at Parliament The Court of Appeals upheld the decision of the Court of First Instance dismissing the case.
Point 4: The alliance gathered with the message of protecting 3 main institutions, such as protecting national sovereignty by making a statement protesting against the Thailand-Cambodia joint statement in 2008 that was done illegally. At risk of losing territory In this case, the Constitutional Court ruled that the act violated the constitution. This means that we perform our duties according to the constitution.
Article 5: Using your right to resist the government We used the tool with public gatherings in 2008 when there was no Public Assembly Act. The constitution stipulates that If there is no transitional law and will rely on other laws to punish Because without the Act, public gatherings cannot be done.
Point 6: Power is used to distort. Interfering with the justice process such as amending the constitution Sue the alliance group Transfer of DSI Director-General police officer and the case of a bag of snacks violating the jurisdiction of the court And the case of not converting documents, the SEC hopes to help with the vote-buying case. The alliance’s rally and statement were therefore appropriate.
Article 7 Alliance Group follow the constitution The Alliance’s 29 statements adhere to peaceful means, be free from weapons, and call on police to arrest perpetrators.
Article 8 Alliance Group Rights not protected and safety in gatherings Because there were M79 grenades and AK guns fired. Injuring protesters, causing injuries, severed arms and legs, and many deaths.
Article 9: Gathering of the Alliance group It is not the real reason for closing the physical airport in the use of both Don Mueang and Suvarnabhumi airports. It is the traffic area in front of the passenger building. Does not affect flight Including a letter from Maj. Gen. Chamlong Srimuang requesting that the airport be opened. Because the assembly area does not affect flights. Therefore, we found that after that, the same area was still used for gatherings 5 more times, but no emergency decree was ever declared.
Point 10: The investigating officer did not collect all evidence. Including the change of the chief investigator who found that the PAD gathering did not commit any wrongdoing. From cross-examination, we also found that the Emergency Decree It was not announced in the Royal Gazette within 48 hours, so how can we prosecute the protesters under the Emergency Decree?
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