The Appeal Court yesterday handed down a four-month prison term suspended for two years to three anti-coup activists involved in tearing up a ballot paper during the charter referendum in August 2016.
The court initially sentenced Piyarat Chongthep, Jirawat Ekakaranuwat and Songtham Kaewphanpruek to six months in prison for causing disorder at a polling booth in Bang Na district on Aug 7, 2016.
Due to their cooperation, the court reduced the jail sentence to a suspended term for each defendant. According to the prosecution, Mr Piyarat tore up the ballot in protest against what he called an "undemocratic constitutional referendum" drafting process while the other two filmed the protest.
In September last year, the Phra Khanong Court threw out the charge of causing disorder against the three but found Mr Piyarat guilty of damaging public property. Mr Piyarat was originally sentenced to four months in prison and fined 4,000 baht, but his prison term was commuted to two months suspended for one year and the fine was reduced to 2,000 baht because he confessed.
According to the Phra Khanong Court, the two others did not break any law when they filmed Mr Piyarat's protest. However, the Appeal Court ruled that all the three disrupted the referendum. Defence lawyer, Kritsadang Nutjaras, said his clients would appeal
Mr Piyarat is among 15 protest leaders belonging to a group known as "People Who Want Elections" who were granted temporary release at the end of May. They were charged with trying to pressure the government into holding a general election by November this year as previously promised by the prime minister.
The court initially allowed police to detain them, but eventually granted them bail.
They were banned from staging and participating in political gatherings that violate the law and pose threats to society.
The other 14 pro-democracy activists who face the same charge included Rangsiman Rome, Sirawith Seritiwat, Wiset Sangwitsit, Nuttaa Mahattana, Arnon Nampa and Ekachai Hongkangwan.
They have been charged with violating Section 116 of the Criminal Code for sedition; violating Section 215 of the Criminal Code which involves a gathering of 10 people or more to make threats or commit acts of violence to cause disturbances in the country; and the National Council for Peace and Order chief's order No.3/2015, which bans political gatherings of five or more people.
The 15 protest leaders led a pro-democracy march in May at Thammasat University.