The Court of Appeal has overturned the acquittal of five people charged with obstructing a motorcade carrying Her Majesty the Queen, handing down sentences of 16-21 years.
Veteran activist Ekachai Hongkangwan, who has served time for lese-majeste in the past, was found guilty under Section 110 of the Criminal Code of “endangering the Queen’s liberty”. He was sentenced to 21 years and 4 months in prison.
Four other defendants — Bunkueanun “Francis” Paothong, Suranat Panprasert, Chanathip Chaichayangkul and Panupat Phaikoh — received 16 years, not suspended, for the same offence.
The defendants are applying for bail while they pursue further appeals, Thai Lawyers for Human Rights said on Friday.
The case stemmed from an event at the height of the pro-democracy demonstrations in October 2020, in which a motorcade carrying the Queen was heckled as it drove past a group of protesters.
The case was being closely watched by the public and legal scholars as the charges were laid under a rarely used section of the Criminal Code that allows for the death sentence in the most egregious instances.
The Court of Appeal found it believable that the five defendants knew the motorcade was carrying the Queen and obstructed it. Three of the defendants, it noted, had urged other protesters to obstruct traffic.
The Court of First Instance, in its ruling on June 8, 2023, cited witness testimony indicating that everyone — police and protesters included — appeared to have been caught off-guard by the sudden appearance of the motorcade approaching Phitsanulok Road near Government House.
The court found that police had not prepared for any such event, and there were still cars parked on the roadside. There had been no signs posted or announcements made before the procession, it said.
As the procession passed by, public officials drew close to the vehicles and the crowd came to believe that their rally was to be dispersed. Many cheered and held up three fingers in protest but they were protesting against the police, not the royal procession, witnesses said.
The incident stemmed from a misunderstanding on both sides, the court heard.
Following the events of Oct 14, then Prime Minister Prayut Chan-o-cha declared a short-lived “severe” state of emergency before dawn of the following day.
