Their lawyer said the charge carried a sentence of up to 10 years in prison, and prosecutors additionally proposed a 10-year electoral-rights revocation for the five accused.
The Ratchaburi Provincial Court granted bail of Bt140,000 each, which was sought previously, according to lawyer Arnon Nampa. He said the prosecutors said Prachatai reporter Taweesak Kerdpoka and the New Democracy Movement (NDM) activists possessed and prepared to distribute “Vote No” stickers.
However, Election Commission member Somchai Srisutthiyakorn yesterday stressed that such stickers would not breach Article 61 of the Referendum Act. According to Somchai’s Facebook, he said he was willing to testify to prove that the defendants were innocent.
Arnon insisted the accused had done nothing wrong, denied all allegations, and the case would be vigorously contested in court.
The five accused are Taweesak, NDM activists Pakorn Areekul, Anucha Rungmorakot and Anan Laoked, and Panuwat Songsawatchai, another red-shirt-supporting student based in Ratchaburi.
On July 10, Taweesak went with the three NDM activists by car to Ratchaburi’s Ban Pong district police station to report on the actions of students who were travelling to give moral support to 18 red shirts who reported to police after receiving a summons.
The 18 were charged with violating the junta’s ban on political gatherings after being involved in the red shirts’ provincial anti-fraud centres aimed at monitoring possible fraud in the referendum.
When Taweesak and the others were about to leave, they were intercepted by police, who searched their car and found “Vote No” stickers and pamphlets opposing the constitutional draft.
The four, along with Panuwat, who was brought to the police station later that evening, were accused of breaching Article 61, which bans the dissemination of “false”, “vulgar”, “inciting”, or “intimidating” messages in relation to the August 7 referendum on the charter.
Chuwat Rerksirisuk, editor-in-chief of the news outlet, said the organisation was considering filing a counter-suit against the investigators based on their groundless charges. He said Taweesak and the activists had not disseminated any documents against the charter draft, so had done nothing to breach Article 61.
Prachatai director Chiranuch Premchaiporn said her organisation would help Taweesak fight the case, as he was charged while on duty. The court hearing is set for September 21.