17 July 2012, BANGKOK -- First day of trial of Akachai H., the Australian documentary CD and Wikileaks seller, begins at Ratchada Criminal Court today. In May 2011, the 36-year-old legal lottery vendor was accused of breaching Article 112 of the Criminal Code, better known as the lese majesty law, and Article 54 of the Film and Video Act for selling VCDs of documentary produced by Australian Broadcasting Corporation (ABC) without license. The VCDs contain moving images of persons similar to HRH Crown Prince Vajiralongkorn and HRH Princess Srirasmi.
Lt Col Somyot Udomraksasap, police officer from Chana Songkhram Police Station who arrested Akachai testified today, stating that the defendant was lured to sell the VCDs to the police before they arrested him. Information from iLaw freedom database, a documentation of freedom of expression cases, stated that the police were able to seize evidence containing more than 100 VCDs, a CD burner and 10 copies of translated version of US embassy cables published by Wikileaks.
The Wikileaks cables belonging to Akachai allegedly contains conversation of former Prime Minister Anand Panyarachun, member of Privy Council Siddhi Savetsila and Head of Privy Council Prem Tinasulanonda about the circumstances of 2006 coup.
Lt Col Somyot testified that after Akachai got arrested, he admitted that he possessed the VCDs of ABC documentary and Wikileaks documents, but pleaded not guilty under Article 112 as charged by the police, as he believed that the improper information only concerns with HRH Princess Srirasmi, not HRH Crown Prince. The Police also said that the defendant said he merely had intention to distribute well-rounded information to the public.
His lawyer, Anon Nampha, said he would file petition to constitutional court tomorrow to have Article 112 considered whether it's contradicting to Article 45 of Thailand's Constitution which stipulates that "a person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicize and make expression by other means."
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