Court rejects acquittal in Bo Nok case

The Supreme Court has reversed a decision by the Appeal Court to acquit one of the five defendants in a 2001 case in which they were accused of illegally preventing three Gulf Power Generation Co staff from carrying out a marine survey in Prachuap Khiri Khan.

The five were activists fighting plans for the Bo Nok Hin Krut power plant in the province, while the three company employees were trying to survey the sea in the province, an activity associated with plans for the plant.

The Supreme Court rejected the Appeal Court ruling to acquit Chaiyot Kaenthong, who was initially sentenced on Aug 17, 2005 to one year and six months in prison and ordered to pay a fine of 3,000 baht in a lower court. The Appeal Court acquitted Chaiyot on Sept 17, 2010.

The Supreme Court instead sentenced Chaiyot to two years in prison and fined him 3,000 baht, which was the sentence given him originally by the court of first instance. However, the Supreme Court suspended the sentence for two years.

In reversing the Appeal Court ruling, the Supreme Court said Chaiyot was considered to have restrained the three Gulf Power Generation employees because he climbed onto their boat. He told them they would have to abandon their survey and should return to shore. Chaiyot also took control of the boat and took it to shore accompanied by two other boats that were used to stop the company’s vessel, said the court.

Of the other defendants, Wilai Satsue was acquitted in the lower court while Ladda Singlek and Korn-uma Phongnoi were sentenced in the lower court to two years in jail but the Appeal Court ruled their sentences be suspended for two years. They did not appeal against their sentences.

Charoen Wat-aksorn, the last defendant, was killed before the court of first instancehanded down its ruling.

Charoen was murdered reportedly in connection with his fights against power plant projects.

Ms Korn-uma, Charoen’s wife, said she and other villagers were satisfied with the Supreme Court ruling because the sentence was suspended, which means Chaiyot can continue protecting natural resources in tambon Bo Nok.