Torn ballot ruling stands

The Supreme Court yesterday upheld the suspended four-month jail sentences and fines given to three people involved in tearing up a ballot paper during the 2016 referendum on the draft constitution, which was enacted in 2017.

The three men are Piyarat “Toto” Jongthep, a former election candidate of the now-dissolved Future Forward Party (FFP), and his friends Jirawat Ekakaranuwat and Songtham Kaewpanpruek.

On Aug 7, 2016, Piyarat and his friends went to a polling station in Bangkok’s Bang Na district to vote in the referendum. However, after receiving his ballot paper, Piyarat tore it up and shouted: “Down with dictatorship. Long live democracy.”

Jirawat and Songtham took videos of Piyarat’s protest.

The three were charged with destroying a state document, damaging a ballot and causing a disturbance at a polling station.

On Sept 26, 2017, a Bangkok court sentenced Piyarat to four months in jail and fined him 4,000 baht. However, the sentence was reduced to two months and the fine to 2,000 baht because he confessed. The jail term was suspended for one year, and the court acquitted Jirawat and Songtham.

On Aug 15, 2018, the Appeal Court overruled the lower court’s judgement, sentencing all three to six months in prison and a fine of 6,000 baht each. Due to their useful testimony, the term was reduced to four months and the fine to 4,000 baht. Again, the jail sentences were suspended for one year.

The Supreme Court yesterday upheld the Appeal Court’s ruling.

The ruling was read out at the Phra Khanong Court.

Piyabutr Saengkanokkul, a cofounder of the Progressive Movement and former FFP secretarygeneral, said the three men had opposed the 2014 military coup and viewed the charter referendum process as unfair and lacking legitimacy.