After failing to settle on unsubmitted evidence regarding King Vajiralongkorn's travel documents, the Criminal Court has made the unprecedented decision to hold human rights lawyer Anon Nampa’s royal defamation trial in secret and prepared to charge him with contempt of court for opposing the Court’s decision.

Thai Lawyers for Human Rights (TLHR) reported that the Criminal Court on Wednesday (27 November) held a witness hearing in one of Anon’s royal defamation cases. During a discussion about the evidence, the Court ordered dozens of observers to leave the courtroom, announcing that the hearing would be conducted in secret.

It was reported that previous hearings in this case had never been held in secret.

The royal defamation charge in this case stems from Anon’s protest speech during a 3 August 2020 protest, known as the “Harry Potter protest.”  This was the first time Anon directly delivered a speech about the role of the monarchy and called for monarchy reform. A part of his speech referred to the King’s travel to Germany and the monarchy’s budget.

However, the Court refused to summon the King’s travel documents, which are important evidence to verify Anon’s speech. It was reported that the documents had previously been requested to be presented in court in the case of Anon's speech at Sanam Luang on 19 July 2020, but the court did not issue a summons on that occasion either. The Court stated that the King’s travel document and other related evidence were unnecessary for its decision.

The Court on Wednesday refused on the grounds that the requested document relates to the King who, according to the Constitution, is revered and cannot be violated by anyone. Anon argued that even though the law prohibits the court from issuing a summons for the King, the law does not restrict the court’s authority to summon ‘documentary evidence’

“When I cannot obtain justice in justice system that fails to this extent, I will take off my shirt in protest against you,” proclaimed Anon.

The Court prepared to charge him with contempt of court while he filed a request to change the judge on the grounds that the judge had biased opinions. The defence examination was scheduled for the following day.

On Thursday (28 November), Anon rejected the defence examination, objecting to the Court’s decision on the grounds that:

1. the Court refused to summon the crucial evidence in the case;
2. the court ordered a secret trial without legal grounds;
3. he requested to change the judge due to alleged bias, resulting in the defendant not receiving a fair trial.

The Court immediately scheduled a verdict for this case on 19 December. In addition to holding the trial in secret, the Court prohibited publication of detailed information from today’s witness hearing. Since the first hearing, the documents in question have yet to be presented in the Court.

Krissadang Nutcharat, Anon’s lawyer, stated that Anon requested the court to issue a summons for several government documents, including information about the King’s travel and the expenses of the Royal Household Bureau. However, the court did not approve the request. As a result, the defendant has yet to be able to cross-examine witnesses.

The courts have also refused to summon evidence in other royal defamation cases when it came to the evidence related to the King.

Anon has been charged with a total of 12 royal defamation charges, with four having reached a verdict. He has now been held in detention pending appeal since 26 September 2023. He now faces a cumulative prison sentence of 14 years and 20 days.

TLHR reported that under the junta-led National Council for Peace and Order, at least 21 royal defamation cases were conducted in secret trials, and the number decreased since the mass protests in 2020, with at least 6 cases.

The decision to hold secret trials in some cases, including in Anon’s recent case, has raised questions about the protection of rights and the rights to a fair trial, especially for royal defamation cases, which draw public attention.