Penguin-Arnon-Rung-Mike motioned for issuance of subpoena duces tecum – the Ministry of Finance’s complaint against King Rama VII – the Crown Property Bureau – King Rama X’s travel document – to defend in 19Sep.Rally trial.

During 21 – 22 February 2022, the lawyer, who was legally authorized by Parit Chiwarak, Arnon Nampha, Panusaya Sithijirawattanakul, and Panupong Jadnok, submitted requests inquiring for documents to 5 agencies which are the Civil Court, the Appeal Court, the Crown Property Bureau, the Immigration Bureau, and the Thai Airways International Public Company Limited. The inquired documents of each agency will be included in the casefile of the Criminal Court which four of them were prosecuted with Section 112 (lèse-majesté) and Section 116 (sedition) of the Thai Criminal Code. The prosecution stemmed from the rally held at Thammasat University, Tha Phrachan campus, and Sanam Luang on 19 – 20 September 2020, or so called #19SeptemberReturnPowerToThePeople.

In prior, the first date of witness examination was held on 2 December 2021. The lawyer and the defendants declared their statements to the Court to issue subpoena duces tecum deemed necessary to defend themselves in the trial and to prove the fact with regards to the speech delivered by the four defendants. The plaintiff, public prosecutor, had indicted the four-defendant citing that the speech delivered by them, for instance, the indictment initiated by the Ministry of Financial against King Rama VII demanding unauthorized transfer of crown property to private property, the document of the Crown Property Bureau’s budget, and the travel document of King Rama X residing in Germany, were falsehood. However, the Court did not issue the subpoena citing that the inquired document may or may not be relevant to the case. Therefore, witness examination shall be proceeded and the consideration will be done hereafter, despite the lawyer and the defendants stated the necessity of obtaining such document to inquire the plaintiff witness during the witness examination.  

According to the non-issuance subpoena, the Court ordered to immediately start plaintiff witness examination. The first date of the first plaintiff witness examination was completed in December 2021 and the next date will be proceeded on 29 March 2022.

Prior to the next witness examination date, the defendants, therefore, authorized the lawyers to submit motion requesting documents from the agencies to be used in defending in trial.

For the Civil Court and the Appeal Court, the four defendants submitted a motion requesting indictment in a case file of black case number 197/2482 and red case number 278/2482 from the Civil Court. Such case was initiated by the Ministry of Finance, the plaintiff, against King Rama VII and Queen Rambai Barni, the defendants. Additionally, the motion requested testimony of the plaintiff – Luang Kaj Songkram, Luang Damri-Isaranuwat, Luang Sarasin Tabiensit, Wanit Nawigbutr, and Chaleow Pathumros – and the verdict of the Appeal Court.

The documents are relevant to the fact of the case which are the crucial evidence to defend themselves in the trial. It is necessary for objection inquiry against the plaintiff witness to object the indictment stating the falsehood of the speech and to prove that the Ministry of Finance had filed a case against the king in the past.

For the Crown Property Bureau, the for defendants submitted a request inquiring expenditure of the Crown Property Bureau in 2021 which is another crucial evidence to prove budget spending issue and the transfer of crown property to the king’s private property.  

the Immigration Bureau and the Thai Airways International Public Company Limited, the defendants submitted a request inquiring travel document of the King Rama X between 13 October 2016 and 20 September 2020 in order to prove the king’s residence in Germany during his reign and the incident date issue. Additionally, it is to prove that the king travel back and forth from Bangkok to Germany by his private aircraft.  

It is to be kept an eye on the mentioned five agencies whether they will submit the document accordingly to the case file or not.

Reade relevant articles/news:

Bail revocation hearings of four human rights defenders prosecuted with Lèse-majesté

Plaints of 19 Sep. – MobFest rally, the four activists denied bails by the Court

“The courtroom has been made into a prison”: Defendants in the 19 September case declare withdrawal of legal representation

Lawyers in the 19 September case petitioned the Criminal Court’s chief judge to investigate and review its measures and ensure a transparent and fair trial