The Bangkok South Criminal Court has sentenced a son of former People's Democratic Reform Committee protest leader Suthep Thaugsuban to three years in jail for forest encroachment and constructing a pond at Pa Khao Phaeng on Koh Samui.
Tan Thaugsuban, together with another defendant, Banjerd Laopiyasakul -- a former secretary to Mr Suthep -- were found guilty of illegally acquiring 14 rai of land in Pa Khao Phaeng and building a pond without permission.
Pa Khao Phaeng, a mountain forest on the scenic resort island off the coast of Surat Thani, is considered a national treasure, so clearing trees for the purpose of acquiring the forest land was considered a grave offence, the court ruled before sentencing the pair to three years each.
Meanwhile, two defendants in another Pa Khao Phaeng encroachment case -- Pongchai Fathaweeporn and Samart Ruangsri -- were handed heavier punishments of five years' imprisonment each.
They were convicted of encroaching on 31 rai of forest land. They were also found guilty of violating the Forest Act and the Criminal Code.
The court ruled there was no reason to suspend the sentences in the two cases before granting the convicted men bail pending an appeal.
All four were also ordered to remove any workers and belongings from the pieces of land they were occupying.
Tan and Banjerd's jail sentences resulted from their violating both the Forest Act and the Land Act, the court said.
The severity of the punishment against the pair was based on concerns that deforestation can cause and compound drought and floods, it added.
The ruling ended a three-year legal battle between the four defendants and prosecutors from the Department of Special Litigation, which brought the cases to the court on Sept 23, 2013.
The prosecutors recommended the four be indicted based on findings forwarded to them by the Department of Special Investigation (DSI) which began an investigation into illegal land grabbing while the agency was headed by Tarit Pengdith.
All four were accused of using Nor Sor 3 Kor documents to seek land title deeds.
But when the deeds were issued, they included considerably more land than the amount stated in the Nor Sor 3 Kor document, according to prosecutors.
The DSI also suspected irregularities relating to road projects built near Tan's land plot.
One road project was privately funded and was later donated to Koh Samui municipality.
This is part of the land "owned" by Tan Thaugsuban, in a photo taken in 2010. The Criminal Court convicted him of illegal encroachment and construction at the Koh Samui site. (Photo by Supapong Chaolan)
According to the DSI, Banjerd admitted he was behind the road project.
The DSI suspected other road projects undertaken by Koh Samui municipality may have been deliberately built close to Tan's land plot to increase the value of the land.
Tan's lawyer Wiroj Phumsirisawas said the investigation against his client appeared to be politically motivated.
He was referring to claims made by Tan in 2012 that the case was aimed at discrediting his father, Mr Suthep.
He insisted his client was the legal owner of the land plot because he possessed the land-title deeds, according to media reports.