Court denies activist Pai's freedom bid

Court denies activist Pai's freedom bid

Lawyer claims blunder in proceedings

A HARD LINE: Military officers stand guard in front of the 23rd Military Circle court which yesterday decided not to release Jatupat Bunpattararaksa.
A HARD LINE: Military officers stand guard in front of the 23rd Military Circle court which yesterday decided not to release Jatupat Bunpattararaksa.

The Military Court in Khon Kaen has denied a request for the temporary release of Jatupat Bunpattararaksa despite a lawyer's claim of a misstep in proceedings against the anti-coup activist, widely known as Pai Dao Din.

Lawyer Anon Nampa, who claimed Mr Jatupat had fallen ill, asked the 23rd Military Circle court to grant the release after the activist was detained on Friday.

Mr Jatupat was detained on a charge of defying the National Council for Peace and Order's ban on political gatherings during his protest in March last year against the 2014 coup.

The court did not accept the petition and set Aug 26 for a hearing, Mr Anon said Saturday afternoon.

Mr Anon had asked the court to drop a petition by police and soldiers to detain Mr Jatupat after finding their prosecution might have not followed a regulation.

Authorities filed the complaint with the court "after state agencies' working hours", which should be considered unlawful, Mr Anon said, adding similar petitions could not be filed with the non-military court during that period.

Mr Jatupat was released on bail on Friday on another charge concerning his alleged violation of the referendum law by Phukhieo Provincial Court in Chaiyaphum. However, the 25-year-old enjoyed only brief freedom before being charged with illegal gathering.

The military court took about three hours yesterday morning to consider whether the prosecution broke the working hours regulation and eventually ruled the military court did not have such a regulation, Mr Anon said.

The court also rejected the lawyer's request to release Mr Jatupat without bail and surety because of his illness while he had been jailed at Phukhieo Prison.

"The defendant was on strike in the jail to protest his charge," Mr Anon said. "That's why he fell ill."

Mr Jatupat and his friend were arrested on Aug 6 in Chaiyaphum, one day before the referendum on the military-sponsored draft charter, while they were handing out leaflets from the anti-coup New Democracy Movement.

The documents were suspected of breaking Section 61 of the Public Referendum Act, which prohibited the distribution of false, rude, inciting or intimidating publications or messages concerning the draft constitution.

This offence can incur a maximum of 10 years in jail while a charge of illegal gathering has a maximum of only six months.

Mr Anon said he had asked for Mr Jatupat's release to prevent any further risks to his health. But if the court decided not to grant temporary release, "all sides will respect the ruling", he said.

Mr Jatupat, a law student at Khon Kaen University, is currently detained at Khon Kaen Special Correctional Institution and yesterday had breakfast and coffee like other inmates, said permanent secretary for justice Charnchao Chaiyanukij.

However, Mr Jatupat developed sharp stomach pain and an inflamed throat. Doctors have prescribed medicine for him, Mr Charnchao said.

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