In a decisive affirmation of an earlier ruling, an appellate court dismissed charges of trespassing and property damage brought by a construction investor against environmental activists. The charges arose from a dispute concerning the environmental impact of a ferry terminal construction project.

On 5 September 2023, the appeal court dismissed the charges against five members of the Ao Kung mangrove forest conservation group in Phuket Province. The charges were brought by the owner of a ferry terminal construction project.  He alleged that the five defendants trespassed and damaged a wire fence on his land while conducting activities in the mangrove forest.

Regarding the trespassing charge, the court ruled that the plaintiff’s land was not clearly demarcated from the mangrove forest area, making it difficult to claim that the five defendants intentionally trespassed.

As for the charge of property damage, the plaintiff’s petition to reverse the court’s earlier judgement was deemed unclear and the appellate court refused to consider it.

The case stemmed from the concerns of local residents that the construction of the ferry terminal would threaten their food security.

When charges were first filed on 25 December 2019, the five defendants submitted a petition requesting that the court dismiss the case.  They argued that the plaintiff distorted the facts to intimidate and prevent them from opposing the ferry terminal project. The court took the case under consideration, however.

During the trial, it released the five defendants on bail without a bond as they had permanent residences and were not likely to flee.

On 30 September 2022, the Phuket Provincial Court dismissed the charges against all five defendants, stating that the plaintiff could not prove whether the land was owned by the plaintiff or the public. Regarding the accusation of property damage, it was deemed to have been based on assumption without any witnesses, making the accusation unreliable.

The plaintiff filed a petition to the appellate court, seeking to reverse the judgement. However, on 5 September 2023, the court upheld the the original verdict to dismiss both charges.