Pol Lt Colonel Prawut Wongseenin, director of the DSI’s Bureau of Consumer Protection and Environmental Crime, said yesterday that the Phuket Provincial Court had dropped land-encroachment charges against two locals living on Rawai beach.

Even though the plaintiff produced title deeds issued back in 1955, the court dropped the case on December 14, citing weak evidence of encroachment.

The court had taken into consideration the fact that aerial images suggested sea gypsies might have lived in the area before the issuance of the deeds.

Records at a local school showed children of sea gypsies have enrolled there since 1932.

DNA tests also found that bones from a local cemetery shared features with the sea gypsies presently living in the area.

The accused must have lived in the area for several generations already.

“The court verdict may set a precedent for many other land-dispute cases along the coast of not just Phuket but also many other southern provinces such as Satun, Phang Nga, Ranong and Krabi,” Prawut said.

The period is dubbed “The Seven Dangerous Days”. A huge number of New Year holiday-makers usually take to the roads, many drunk, and the road toll spikes alarmingly.

The annual road carnage mirrors another “Seven Dangerous Days” period during Songkran.

Measures to deter drivers from drinking were discussed at the National Council for Peace and Order’s (NCPO) meeting yesterday.

NCPO deputy spokeswoman Colonel Sirichan Nga-thong announced after the meeting that the force behind keeping public order would join hands with police, administrative officials and volunteers in manning checkpoints both on main and secondary roads during the New Year period.

“Drunk drivers will be arrested and their vehicles seized,” she said.

She added that the NCPO would also focus on ensuring public safety off the roads, particularly at events crowded with New Year revellers.

“We will seek cooperation from organisers in preparing proper entrance and exit points and installing security cameras,” she said.

Sirichan said organisers would also be asked to refrain from lighting fireworks or firecrackers.

Meanwhile, the Metropolitan Police Bureau plans to launch four traffic projects for the public as a New Year “gift”, according to Bureau chief Lt-General Sanit Mahathavorn.

The four projects include setting up 14 points across Bangkok for car check-ups and handing out 300-gram bags of rice to |drivers who strictly follow traffic laws.

There will also be discounts for traffic fines, while the application “Police I lert U” will be available for people to notify police of traffic accidents.

The promise was made after two elderly men were arrested for chopping up a dead Siamese rosewood tree on their land in Maha Sarakham province earlier this month.

“We will try to prevent such cases from recurring,” Athapol Charoenshunsa, a senior official at the department, said yesterday.

“Besides educating the public about tree species they cannot cut, we will also make the regulations clearer for law enforcers,” he said after meeting with the two men along with Tawatchai Thaikyo, deputy permanent secretary of the Justice Ministry.

The ministry is now trying to help Thongsuk Phanchompoo, 80, and his relative Dern Jantakol, 70, get out of legal trouble.

“My dad had never thought that cutting a dead tree could be a crime. He is now worried about being fined or sent to jail,” Thongsuk’s son Pakpoom said.

Thongsuk told officials yesterday that he didn’t even know that the tree had fallen over until the village head mentioned it.

“He told me to remove the dead tree, so, I asked my relative to help cut it up,” the elderly man said.

On December 11, Thongsuk and Dern spent three hours hacking the fallen tree into four pieces.

“The following day, I was a lending a hand at an ordination when the village head told me some officials wanted to interrogate me,” Thongsuk said.

Since 2014, people are banned from cutting a Siamese rosewood tree of commercial value without a permit from authorities.

After Thongsuk confessed to cutting the Siamese rosewood tree, he and his relative were locked up at a police station overnight.

On December 13, the village head testified for them and helped secure their temporary release.

Their ordeal soon caught the attention of media and several authorities.

The Justice Ministry has come forward to help the two elderly men, including helping to arrange yesterday’s meeting.

Athapol said that normally land owners could cut Siamese rosewood trees on their land if they notify officials in advance.

“Investigators also should check the intent of the accused,” he said.

“They had cut just one tree, not many trees.”

Tawatchai said it remained unclear whether police would press charges against Thongsuk and Dern.

If the case is forwarded to public prosecutors, his ministry would provide financial support and lawyers to the two elderly men to fight an indictment.

Government Spokesman Sansern Kaewkamnerd said the Justice Ministry’s lawyer would accompany the suspects during police interrogation.

If the case goes to court, state property worth up to Bt80,000 would be posted to bail out the defendants, he said.

“We have found a link between the Dhamma Research for Environment Foundation, which is the licensee and operator of the DMC channel, and Dhammaka Temple in encouraging its viewers to gather at the Pathum Thani-based Dhammakaya Temple for merit-making activities,” Natee Sukonrat, chairman of the NBTC’s Broadcasting Committee, said yesterday.

His panel’s decision was based on allegations that the station had breached Section 37 of the Broadcasting and Television Business Operations Act of 2008 and the National Council for Peace and Order’s announcements Nos 97 and 103.

This potentially leads to creating conflicts between Thais as well as risking national security.

He also said that Dhammakaya Temple spokesman Ongart Thamnita had made an announcement against the authorities via DMC.

“His behaviour threatened national security,” Natee said.

Early this month, the NBTC agreed to suspend the operations of DMC for 30 days, starting on December 6, in response to a DSI request.

At that time, the DSI pointed out that DMC had been used to mobilise people to the temple and disrupt the operations to bring the temple’s then-abbot Phra Dhammachayo to justice.

Phra Dhammachayo has an arrest warrant out for him on charges of money laundering in connection with the embezzlement of huge sums at the Klongchan Credit Union.

The arrest warrant was issued because the monk has never answered the DSI’s summons, claiming poor health.

As authorities have piled pressure on Dhammakaya Temple to stop shielding Phra Dhammachayo from the arm of law, the temple has named a new abbot.

About 17 days ago, Phra Witesphawanajahn became the temple’s acting abbot. Phra Dhammachayo has become temple’s honorary abbot.

Phra Witesphawanajahn yesterday turned himself in Klong Luang Police Station to face 13 charges against him, including having sheltered Phra Dhammachayo, now a fugitive.

Accompanied by his attorney, Phra Witesphawanajahn was released on bail.

Deputy national police chief Pol General Srivara Ransibrahmanakul yesterday sought a meeting with the director-general of the Department of Public Works and Town and Country Planning to consult him on Dhammakaya Temple’s alleged violations of building and town-planning codes.

Some structures at the temple have been erected without proper permits.

The DSI and police have insisted that Dhammakaya Temple has committed many offences.

Meanwhile, a source said some National Legislative Assembly members plan to push for a crucial amendment to the Sangha Act.

Thailand’s top ecclesiastical post has been vacant since Somdet Phra Nyanasamvara Sangharaja passed away in 2013.

The Sangha Supreme Council (SSC) has tried to put its senior member, Somdet Chuang or Somdet Phra Maha Ratcha Mangkhlachan, in the post but to no avail.

Even after the SSC officially nominated the elderly monk early this year, Somdet Chuang has not been able to officially take up the post, He is serving as acting Supreme Patriarch.

“Some NLA members plan to amend the Sangha Act in a way that prescribes the King as holding the power to appoint the Supreme Patriarch.

“They want to remove the current legal stipulations about the Supreme Patriarchsenior member of monastic chief,” the source said.

Many NLA members came up with the plan early this month to push for this amendment.

“But they have tried to be as quiet as possible,” the source said.

About 25 NLA members will propose to the amendment to the NLA, which will then notify the Cabinet.

“This process will take about 30 days. The Cabinet can decide whether to propose another version of the proposed amendment for the NLA’s deliberation,” the source said.

The NLA members expect the NLA to fast track this proposed amendment once the bill is tabled, the source added.

The government has acknowledged this by introducing the new Code of Marketing for Breast-milk Substitutes draft bill, which and has prompted hot public debate for its blanket ban on advertisement of these products.

It is scientifically accepted that the best food for babies is their mother’s milk, and the World Health Organisation recommends this is what infants should be fed until at least six months old.

Study after study has found that breast milk has all the necessary nutrients for infant brain development and can increase intelligence and emotional quotients compared to substitutes if offered for the first six months.

Figures for Thailand however show that only 5.4 per cent of infants are fed exclusively from the breast for the first six months – the lowest incidence of breastfeeding in Asia.

There are several reasons for this, but chief among them has been the aggressive advertising of breast-milk substitutes in the absence of any regulating law. Thailand has ratified the International Code of Marketing of Breast-milk Substitutes but has so far failed to follow up with legislation.

New mothers often complain of being targeted by salespeople offering them samples of infant formula through the hospital.

This marketing tactic has proven to be successful, resulting in babies needlessly fed with substitutes.

According to Article 14 of the new bill, all types of marketing for breast-milk substitutes for the babies younger than three years old are banned.

Opponents say the blanket ban is too strict and may cause difficulty for those who actually need breast-milk substitutes.

That need can arise for several reasons, including inability to produce breast milk, health problems that make feeding impossible, or simply separation of mother and baby.

Infant formula then becomes essential as a substitute. And of course it is up to the mother to choose whether they she feeds her children by the breast or with formula.

However, the bill leaves the way open way formula-makers to inform medical staff about their products. Moreover, Article 22 states that medical staff have a duty to advise on the use of breast-milk substitute in cases where it is needed.

Thus the bill does not ban the use of formula or make it unavailable for those who require it. Its legitimate target instead is the aggressive marketing of infant formula, which must be reined in so as to prevent the unnecessary use of breast-milk substitutes.

The rate of exclusive breastfeeding in Thailand was below the global average and the lowest in Southeast Asia, while aggressive marketing of breastmilk substitutes to mothers and families was widespread…

HUMAN RIGHTS defenders and civic groups yesterday vowed to push for more efforts to prevent the controversial Computer Crime Act from infringing on netizens’ freedom of expression.

“We have another six months after the Act is announced in the Royal Gazette to monitor ministerial orders coming in accordance with the Act,” Thai Netizen Network leader Sarinee Achavanuntakul said at a seminar yesterday on the outlook for Thailand.

The National Legislative Assembly passed the amendment to the Computer Crime Act this month and the law is pending royal endorsement before coming into force.

The rights groups hoped that related ministerial orders following the Act’s introduction do not infringe on the public’s right to freedom of expression and people’s right to access data.

Rights advocates called on the government and junta chief Prayut Chan-o-cha to listen to the people and opponents of the law. Opponents of the law launched a series of cyberattacks targeting a number of state agencies’ websites including those of the Armed Forces and the ministry.

The Ministry of Tourism and Sport will today hold a press conference to tell the public that it would take legal action against the perpetrator(s) of an attack on its website. Many other agencies also threatened to do so.

Five suspects were arrested for allegedly attacking government websites last week. The military will reportedly detain them for seven days before forwarding their cases for civilian prosecution.

At the seminar organised at Thammasat University’s Tha Phra Chan campus yesterday, the rights groups included representatives from the National Human Rights Commission (NHRC), the Internet Law Reform Dialogue, Thai Netizen, the Southeast Asian Press Alliance (SEAPA), and the Society Online News Providers. NHRC commissioner Angkana Neelapaijit urged the government to be sincere and not to fear the people, also calling on Prayut to work with civic groups including opponents of the amendment to the Act.

She voiced concern that the law would not be enforced appropriately and may be abused as it allowed too broad an interpretation.

The law gives the power to a certain committee to regulate all websites, she said, in reference to the nine-member committee authorised by the law to block websites with content it considers harmful to the state’s security and public morality.

The law should not be used to only protect the state but also to protect individuals, Angkana said.

“If individuals are charged with violating the law without doing anything wrong but just expressing their opinions, the rest of their life would be in trouble,” she added.

Thitirat Thipsamritkul, a law lecturer at Thammasat, said the powers that be should not design and enforce the law in order to limit the freedom of the online society.

“What kind of online society do we want to see?” Thitirat asked. He further asked: “Does Thailand want to be a society where people could not access information that should be available to an open society which encourages people with different opinions to discuss a wide range of topics?”

The Act, including nine digital-related laws, which have been passed and are pending the NLA’s deliberation, set the tone for a limited online society, she said.

The Act does not abide by the three legal principles: respond to the public’s need, the need to limit the abuse of power and rights, and promote freedom of the online society, she said.

Yingcheep Atchanont, project manager of iLaw, said the Act was the most disconcerting of the 10 digital-related laws. A large number of people are concerned about the Act, he said, referring to the 360,000 netizens who signed an online petition against the Act via the website Change.org, which was ignored by the NLA.

Sarinee also called on the government to clarify to the public questions over the law based on facts rather than standard responses, referring to the government’s normal practice to respond to the argument by saying that the powers that be write the laws based on goodwill.

Mahimananda Mishra, 63, and Basanta Kumar Bal, 69, are wanted in eastern Odisha state.

“Mishra is a mafia-style figure, with more than 50 gunmen under his wing,” Immigration Bureau chief Pol Lt General Nattorn Prohsunthorn said, as he led a team to arrest the two suspects at the hotel at about 11am.

Mishra brought his family members, along with close henchmen, including Bal, to Thailand on December 20.

They fled from India to Nepal shortly after the blatant murder of Mishra’s business rival on October 26.

Records show their group arrived in Thailand last Tuesday.

Hindustantimes.com has described Mishra as one of Odisha’s richest men. He has reportedly made a fortune by providing labour for loading and unloading cargo – stevedoring – at one of the busiest ports on India’s east coast.

“We are in the process of blacklisting them. We will deport them to India,” Nattorn said.

Their group entered Thailand by calling themselves tourists. However, Mishra and Bal have now confessed that they have been on the run.

Nattorn said his bureau would track down any family members and henchmen not yet arrested.

“We will send them back to India as well,” he said.

Dr Nithiwadee Phucharoenyos, 40, was sentenced to death early this month for ordering the killing of her husband, Olympic marksman Jakkrit Panichpatikum.

A lawyer, who was found to have helped arrange the contract, also received the death penalty.

The truth behind the sorry story has won the doctor public sympathy, as well as a new legal debate over whether domestic violence can be a factor in the case.

A senior judge of the Justice Court told The Nation there were grounds for leniency if there was an element of spontaneity involved in the committing of the crime. At least three sections in the Criminal Code address this point, according to the judge.

First is Section 72, which stipulates that the court may inflict punishment upon a person that is less than that addressed in the law if the crime was committed out of a burst of anger because of maltreatment or unjust causes.

Second is Section 68, which stipulates that any person has the right to protect his or her safety and defend his or herself from any violent and unlawful acts if such acts are deemed imminent.

If the person’s acts were committed to a reasonable extent, his or her defence would be considered lawful and he or she shall not be found guilty.

Third is Section 69, which stipulates that if such defence is committed beyond a reasonable extent or beyond what is considered necessary, the court may inflict punishment, but less than what is addressed in the law.

If the defence was proved to be out of fright or fear, the court may not inflict any punishment at all, according the judge.

The judge said that according to the law, any offences resulting from a burst of anger or any defence against imminent violence must carry spontaneous or have instantaneous elements. It is not justifiable for any offence or defence against imminent harm or maltreatment that has been left for some time before being committed or acted in revenge.

And it was not justifiable if another person acted on behalf of the victim, he added.

In the case of Mor Nim, who had hired a gunman to kill her husband, there were no grounds for the court to reduce punishment, the judge said.

The judge also said a defendant who pleads guilty at the Appeals Court or Supreme Court could not win grounds a lessening of punishment.

At this stage, the defendant tends to offer excuses such as his or her past deeds or lack of a criminal record for the court’s consideration.

If the court reduces the sentence, it would not be because of the defendant’s excuses or guilty plea, but out of consideration under those sections, the judge said.

Mor Nim’s case has been under the spotlight. The public has some sympathy for her. Some suggest her offence stemmed from what some studies call a tormented mind.

Battered Wife Syndrome is a mental sickness that could trouble any wife who has experienced torture for a long time from domestic violence. The symptoms range from depression to aggressiveness, which are results of a loss of self-respect.

Any suffering wife could commit a violent offence in response to maltreatment against her if she could not find any solutions, the studies say.

It is believed that many Thai wives have suffered such maltreatment at the hands of their husbands although official figures have not been recorded so far.

Cases like Mor Nim’s may only come to public attention once they have hit the headlines but experts say these sorry tales are repeated time and again.

Box

Grounds for the court’s reduction of punishment or imposition of no punishment

•    Having committed offences out of a burst of anger, because of maltreatment and unjust causes, and in a spontaneous manner, following what is stated in Section 72.

•    Having defended his or herself to protect his or her right to be safe from any violent and unlawful acts and such acts are deemed imminent, to a reasonable extent, following Section 68.

•    If beyond a reasonable extent, but such defence is out of fright or fear, no punishment could be considered, following Section 69.

Grounds for not reducing punishment

•    Offences or defences against maltreatment or harm that have been left for a long time before being committed.