Public prosecutor to indict Ms. Narissarawan Kaewnopparat
for libel and offence against the Computer Crime Act
For immediate release on 22 September 2016
Around 10.00am on 22 September 2016, the Cross Cultural Foundation (CrCF) was informed by Ms. Narissarawan Kaewnopparat that the public prosecutor, Mr. Rati Cholamyai, had informed her verbally that the investigation of the case against her had been concluded and the case would be brought to the Court. The inquiry official investigating the case has proposed two charges against her including (1) libel crime and (2) import to a computer system of forged computer data, either in whole or in part, knowing that it was false computer data. The case is being handled by the public prosecutor of Narathiwat, though the date on which the case shall be indicted is yet to be officially announced.
Ms. Narissarawan Kaewnopparat is a government employee of the Bureau of Children and Youth, Department of Children and Youth, the Ministry of Social Development and Human Security. The case against her was reported by Capt Bhuri Perksophon to the Technology Crime Suppression Division (TCSD) on 18 December 2015. The Narathiwat Provincial Court had issued an arrest warrant against her as requested by the inquiry official claiming it was feared that she would flee since she had failed to meet the inquiry official as summoned.
On 27 July 2016, the investigation police from Southern Border Provinces Police Operation Center (SBPPOC) combined with the investigation team from Makkasan Police Station have made the arrest of Ms. Narissarawan at the Bureau of Children and Youth and brought her to meet the inquiry official of the Muang Narathiwat Police Station to hear the charges on the same day. Ms. Narissarawan acknowledged, but denied the charges and pleaded to give evidence to the police later. But since the inquiry official had concluded the investigation and proposed to prosecute her in her absentia, she had to be bailed out by placing her government employee position as the assurance.
Later on 17 August 2016, Ms. Narissarawan has gone to submit a letter of petition to the Office of Attorney General asking for the public prosecutor to return the investigation report to the inquiry official to conduct more investigation prior to the prosecution since she had never received the summonses before the arrest warrant had been issued against her. Therefore, the investigation report must be have been made without input from her. The investigation was concluded without heeding to information from all parties involved and was thus unfairly conducted. The inquiry official in charge of the case used to promise her that after completing the criminal record, prior to submitting any conclusion and recommendation to the public prosecutor, they would first inform Ms. Narissarawan and ask her for more evidence. But the police had failed to do such thing.
The Cross Cultural Foundation (CrCF) deems that the public prosecutor had concluded the investigation report without even seeking information from Ms. Narissarawan, and it was an unfair investigation since they had failed to listen to information from all parties involved, particularly the evidence which may prove the innocence of the alleged offender. She has simply been exercising her right to demand justice in the case of death in custody of her uncle, Pvt. Wichian Puaksom, who was physically abused to death while being held in custody by the military. And she has asked the Narathiwat public prosecutor to conduct more interviews of the accused and to seek more incriminating evidence from the plaintiff to ensure justice for the people. This should prevent the law enforcement officials from misusing the legal process to abuse any person.
For more information, please contact
Mr. Surapong Kongchanthuk, CrCF’s Chairperson, 081-6424006
Mr. Sanya Eadchongdee, attorney, 087-5894884
Mr. Preeda Nakpew, attorney, 089-6222474
Ms. Nutthasiri Bergman, attorney, 085-1208077