The lawyer for Ampon Tangnoppakul _ better known as Uncle SMS _ will tomorrow lodge an appeal against the 62 year old's lese majeste conviction.

Arnon Nampa said he would apply for bail for Ampon, or Ah Gong, when he lodges the documents with the Appeal Court.

On Nov 23, Ampon was found guilty on four counts of violating the lese majeste law and the Computer Crime Act for sending four text messages deemed offensive to the monarchy to Somkiat Krongwattanasuk, secretary to then prime minister Abhisit Vejjajiva, in May 2010. He was sentenced to 20 years in prison.

Mr Arnon said Ampon's appeal would be based on three issues. First, that the IMEI identification number of the phone could have been forged. Second, that there were missing files and documents and discrepancies in the testimonies of prosecution witnesses. Finally, that Ampon could not have sent the four text messages because of inconsistencies between where they were sent from and the locations from where Ampon made phone calls a short time later using a different server. Mr Arnon insisted Ampon does not know how to use SMS texting.

"These are basically the same objections we raised with the Criminal Court, but were all dismissed by the judge," he said.

Mr Arnon said phone records would play a key role in the appeal. He said when the defence argued Ampon did not know how to use SMS texting, the court dismissed the claim on the grounds it could not be proven and that Ampon's phone records show SMS texting, therefore he must know how to.

"But those were incoming messages, not outgoing," said Mr Arnon.

Looking over the phone records he pointed out that there were only outgoing voice calls made from the phone, but all the text messages were incoming.

"Anyone could have texted Ah Gong," he said, citing the mobile service provider, advertisements and other possibilities.

"But the issue is, there were no outgoing messages by Ah Gong, he doesn't know how to text."

Ampon's Motorola mobile phone used the True service, while the four offending texts were sent from the DTAC service. The court judged that Ampon changed the SIM card when sending the messages.

Ampon took the news of the pending appeal with a slight nod and a smile when visited by the Bangkok Post Sunday last week. It has been been nearly two months since the guilty verdict, but he has been in custody since Jan 18, 2011 when he was charged by prosecutors and denied bail after being deemed a flight risk. He admitted he used to cry every day, but now accepts things for what they are.

He turned 62 on Jan 1, celebrating New Year and his birthday by eating som tam and fermented rice noodles in his cell with a few friends at the Bangkok Remand Centre.

"My health is fine. I am OK," said Ampon, who suffers from mouth cancer. "But my left leg is very weak, it's difficult to walk."

"I'm sorry for everything that has happened," he said. He continued to maintain his innocence.

But rather than worrying about the appeal, Ampon was dejected as he missed his family.

Each year on Children's Day, which fell last Saturday, Ampon would take his grandchildren to the festivities at the Naval Academy.

"My grandchild wrote me a letter saying how she missed me taking her to the festival," he said.

An appeal normally takes two to three years. When asked what were the chances of Ampon receiving bail, Mr Arnon said: "Public sentiment will help a lot."