An anti-coup defendant arrested on charges of defying martial law and the National Council for Peace and Order (NCPO) order on political rallies has been acquitted.
The ruling by the Pathumwan Magistrate Court was on a technicality regarding police powers in the investigation.
But the acquittal should be regarded as a landmark ruling for honest and non-violent citizens who defend their basic rights, said the temporarily freed man, Sgt Maj Apichart Pongsawath, 26. He still faces a lese majeste charge but vowed to continue his peaceful political activism.
He was the first anti-coup protester to be arrested and indicted for defying the ban on political rallies after the 2014 coup and fought the case with support from the Thai Human Rights Lawyers Centre.
He was detained by the military after showing a sheet of A4 paper saying, "We don't recognise the coup" in front of the Bangkok Art and Cultural Centre the day after the coup took place.
The prosecution said Sgt Maj Apichart and about 500 demonstrators held a noisy protest defying the NCPO order.
He became the first anti-coup protester arrested and indicted for defying the ban on political rallies and gatherings of more than five people, issued by the National Council for Peace and Order (NCPO) on 22 May 2014. The same order activated the Martial Law Act of 1914.
He was the only arrestee who fought the case, with the support of Thai Human Rights Lawyers Centre.
Sgt Maj Apichart was nabbed by the military after showing an A4 page saying "We don't recognise the coup's authority" at the SkyWalk in front of the Bangkok Art and Cultural Centre, a day after Gen Prayut Chan-o-cha staged the coup.
The prosecution said Sgt Maj Apichart and around 500 other demonstrators "staged a noisy protest defying the NCPO order" on political rally bans.
The protesters also defied warnings by troops and police on duty in the area to break up the gatherings and leave. Prosecutors said warnings were issued in the area near the Sra Prathum Palace as night fell.
After his arrest, Sgt Maj Apichart was detained at the 2nd Cavalry Division, King's Guard, at Sanam Pao. After one night, he was handed over to the Crime Suppression Division police, where he was held for five days, during interrogation and investigation.
His case was not sent to the military court because the NCPO order on security-related arrests had not been issued.
Sgt Maj Apichart testified to the court that he joined other anti-coup protesters who were brought together in "flash mob" style via social media.
At his arrest, he was gabbed by four or five soldiers, who gave him no notice of his rights or charges. He claimed protesters were exhibiting civil rights and liberties to express their opinions, and the protest created no disturbance.
In acquitting Sgt Maj Apichart, the Pathumwan Magistrate's Court cited the Procedural Criminal Code Articles 16 and 18, which stipulate details of who has the authority to interrogate and investigate suspects. It ruled authorities did not follow the guidelines, and acquitted Sgt Maj Apichart.
The ruling stated that the incident took place in Pathumwan district, and the prosecutor had failed to show how or if the CSD even too charge of the case as required by law.
Therefore, "The lawsuit prepared by the prosecutors based on the CSD's unlawful investigation is irrelevant", the ruling stated.
There was no need to consider other points of arguments.
Sgt Maj Apichart was pulled by coup force from a group of anti-coup protesters that had first gathered on a skywalk near Siam Centre and the Bangkok Art and Cultural Centre the day after the May 22, 2014, coup.
Ratsada Manooratsada, the lawyer for Sgt Maj Apichart, thanked the court. "If people cannot exercise freedom of expression with sincerity and non-violence, society is denied basic rights," he said.
He praised his client for fighting strongly for freedom of expression.
The prosecution has a month to appeal the ruling.
Sgt Maj Apichart was not prepared to let the matter drop. He thanked the court but insisted on speaking about "a few other points" that were not mentioned in testimony.
"The fact that the court acquitted me today should be testimony that another 30 or so anti-coup protesters who pled guilty and were convicted, should also have been freed because of the unauthorised investigation," he said.
"Those who remain firm on democracy should have their morale boosted (by this ruling). Today's verdict could be a benchmark for our descendants, setting the standard that peaceful and innocent expressions of democratic aspirations are allowed," said the activist.
He criticised "careless and mismanaged police investigation and prosecutors that deprived me of my rights and dignity".
After his arrest in 2014, Sgt Maj Apichart was detained for 30 days without bail.
"Being acquitted, I now will engage more in political debate, especially in this significant time, to discuss the constitution and the works of the government.
"Of course, I will do this in the spirit of peace and non-violence as I always have done," he said. He is currently studying for a master's degree in liberal arts at the Puey Ungphakorn College of Thammasat University.
The small courtroom was packed for the ruling, with 35 media, activists and diplomats from the European Union, Germany, France, Netherlands, Sweden, Denmark, and Finland. Staff of the International Commission of Jurists attended.
Sgt Maj Apichart now faces the lese majeste charge, which was added by the military in the first week of his detention in May, 2014.
After the judge read his ruling, he immediately switched to criticise the defence team, saying that their attempt to dismiss him from presiding over the case was an "indecent move". He stressed he was appointed to his position by the King, and he was not biased against either the military or the red shirts.
Pre-judgement events had included a defence request to the Court of Justice that the judge be removed. Lawyers cited a photocopy of a photo of him browsing a web page of the Military Reform Thailand, now closed.