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Verdict Announced: Former Head of Kaeng Krachan National Park Sentenced to 3 Years in Prison

Image source: AFP/Getty Images

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Mr. Chaiwat Limlikhitaksorn The former head of Kaeng Krachan National Park and his lawyer arrived at the court this morning.

47 minutes ago

Today (28 Sep.) the Central Criminal Court for Corruption and Misconduct Cases Read the verdict for the murder of Mr. Porlajee Rakjongcharoen” or “Billy”, a Karen human rights defender, Ban Bang Kloi, Kaeng Krachan District, Phetchaburi Province, with the decision to imprison Mr. Chaiwat. Limlikit Aksorn Former head of Kaeng Krachan National Park, 3 years, no parole.

The court stated that Mr. Chaiwat’s actions while detaining Mr. Porlajee on April 17, 2014 were in violation of Section 157 in cases of wrongful performance or omission of duty. By the court considering the evidence I saw that Mr. Chaiwat Didn’t write a note to arrest Billy.

As for the charge of murder with premeditation and concealing the corpse, the court dismissed the case Due to insufficient evidence

While 3 subordinates, the court dismissed the case. As for Mr. Chaiwat, he is in the process of submitting a request for temporary release.

In addition to Mr. Chaiwat Along with his subordinates and lawyers, he has arrived to hear the verdict today. There was also Mrs. Phinnapa Phrueksaphan or Mun-or, Billy’s wife, traveling to listen to the reading of the verdict today.

BBC Thai will report additional details again.

Image source: AFP/Getty Images

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Mrs. Phinnapa Phrueksaphan or Mun-or, Billy’s wife, also traveled to listen to the reading of the verdict today.

The origin of the case

Back on September 5, 2022, the Department of Special Investigation (DSI) brought the former head of Kaeng Krachan National Park and four people to file a lawsuit with the Central Criminal Court for Corruption and Misconduct, Taling Chan District, Bangkok. .To hand over to the prosecutor Office of Special Cases for the offense of “premeditated murder” of Billy-Porlajee Rakchongcharoen, a Pga-Kayor human rights activist.

Image source: THAI NEWS PIX

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Mr. Chaiwat Limlikhitaksorn

In addition, the DSI Special Investigation Team has filed additional charges. Mr. Chaiwat and others In the common offense of using weapons to rape another person to do something, not do anything, or submit to anything. By causing fear that there will be danger to the life, body, freedom, reputation or property of the person being raped. According to the Criminal Code, Sections 83 and 309 on 31 Aug. 2022 at the Crimes Division regarding bids to government agencies. Department of Special Investigation and further investigation results were sent to the prosecutor on September 1, 2022.

Mr. Chaiwat has moved forward to fight the case to prove his innocence. On September 5, 2022, the Criminal Court for corruption cases There was an order accepting charges against Mr. Chaiwat and others. But he was allowed bail while fighting the case. Using securities worth 800,000 baht per person, along with conditions prohibiting leaving the country. unless the court allows and do not tamper with evidence The DSI and prosecutors did not oppose bail.

What are the 5 charges against Mr. Chaiwat and others?

BBC Thai collects information that appears in the media. Concerning the charges that make the former head of Kaeng Krachan National Park and four others defendants, it consists of 5 charges as follows:

Together they kill others with premeditation and use weapons to persuade others to do anything. Do not do anything or submit to anything. By causing fear that there will be danger to the life, body, freedom, reputation, or property of the person being raped together, restraining or imprisoning another person, or in any way depriving others of their freedom in the body. Causing the person who was restrained, confined or deprived of freedom of the body to die together by dishonestly or concealing the case of doing anything to the corpse or the environment in the area where the body was found. Before the autopsy is completed in a way that is likely to cause the autopsy or the outcome of the case to be changed, the officer acted or neglected to perform his duties illegally.

Flashback to the events of Billy’s disappearance.

For the problems before Mr. Billy’s disappearance You may have to go back before the announcement of the Kaeng Krachan National Park area in 1981, which was within that area. Bang Kloi villagers – Jai Phaendin They are the Pga K’nyau ethnic group who lived and worked in the forest area of ​​Kaeng Krachan District, Phetchaburi Province before.

Image source: CHARLOTTE PAMMENT/BBC

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The simple wooden house on stilts is where Muen O currently lives with her mother and four children.

However, since the announcement of the national park area onwards They were dismantled by the authorities. At least two major forced migrations occurred in 1996 and 2011, with the use of “Operation Tanintharyi” to burn down villagers’ homes and granaries to forcibly remove the Karen from the Jai Phaendin forest.

That event made Mr. Khoi Mimi or “Grandfather Khoi” the spiritual leader of the Karen people become known He is also a litigator for the National Park Service. Burning a Karen barn with grandson, Mr. Billy, acting as a lawyer’s assistant. and also collects information from Grandpa Ko Ei including those affected by evictions To be used as evidence in fighting cases in court.

Image source: Raklongcharoen Family

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Billy, who was 30 years old when he disappeared, was a Karen leader who played an important role in the movement to demand the rights of the Karen community to live and farm in Kaeng Krachan National Park.

Possession of 38 bottles of wild honey

Mr. Billy’s mysterious disappearance occurred on the evening of April 17, 2014, according to an investigation by local residents. It was reported that he was attacked by park officials. He was detained in Kaeng Krachan for possessing 38 bottles of wild honey, and since then he has not been seen again.

It is reported that one of the park officials His detainer is Mr. Chaiwat, who holds the position of superintendent of the park. Kaeng Krachan at that time And it is reported that the said officials released him.

Family demands justice

Later in July 2014, Mrs. Phinnapha Phrueksaphan or Munor, Billy’s wife, joined with a network of human rights organizations. Complain to the Phetchaburi Provincial Court Request an emergency inquest into Mr. Billy’s disappearance. Both the Court of First Instance The Court of Appeal and the Supreme Court dismissed the appeal. by reasoning that the evidence was insufficient

Image source: CHARLOTTE PAMMENT/BBC

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Mun Nor, Billy’s wife I am confident that the DSI will bring those involved in her husband’s death to justice.

In April 2016, on the 2nd anniversary of Mr. Billy’s disappearance. Karen Network for Culture and Environment Tanao Sri Ngan District Complaint against Mr. Chaiwat Former superintendent of Kaeng Krachan National Park, charged with confinement or causing others to be deprived of their bodily freedom.

DSI accepts “Billy” disappearance case as a special case

The case reached a turning point again on June 28, 2018, when the DSI accepted Billy’s disappearance as a special case.

Image source: THAI NEWS PIX

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The Cabinet resolved to appoint Pol. Lt. Col. Kornawat Panprapakorn, deputy director-general of the Department of Special Investigation (DSI), became Inspector General of the Ministry of Justice on Oct. 15, 2019, amid concerns from human rights groups that it would affect the Continuation of the justice process

Later on 10 July 2019, DSI by Pol. Lt. Col. Kornawat Panprapakorn, Deputy Director-General of the Department of Special Investigation As head of the investigation into the Billy case Report on the progress of the investigation. Officials are still trying to investigate the evidence. and revealed that they are looking for important evidence that cannot be disclosed. But it was confirmed that officials had been sent to infiltrate the area to collect important information. This was the period when Thailand applied to register Kaeng Krachan Forest as a World Heritage Site. The experts also brought up the issue of rights violations of the Karen community in Kaeng Krachan.

Mr. Billy’s wife filed a petition with the Phetchaburi Provincial Court on August 27, 2019, asking the court to order Mr. Billy to be a missing person. After disappearing for 5 years, with reliable evidence that Mr. Billy was forcibly disappeared by government officials. and the court scheduled a hearing date for October 28 of the same year.

Found evidence confirming that “Billy” had died.

After the DSI accepted the case of Mr. Billy’s disappearance as a special case. The investigation began and went to the area and considered all the information. along with searching for news in the area for a period of time Makes the important point found that The perpetrator likely left evidence. and Mr. Billy’s motorcycle that disappeared

Image source: BBC Thai

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The human bone fragments found were from the skull on the occipital side towards the ears. There are cracks and burn marks.

In announcing the progress of the investigation into Mr. Billy’s disappearance on September 3, 2019, important evidence was revealed in connection with his disappearance, stating that in April at In passing, officials found human skull bones in a submerged 200 liter tank. Area of ​​the suspension bridge above the Kaeng Krachan Dam Reservoir. Examination found that the bones found contained genetic material, or DNA, matching that of Mrs. Porachi Rakchongcharoen, Billy’s mother. Therefore it can be inferred that Mr. Billy has died.

Asst. Prof. Worawee Waiyawut, Director of the Genetic Materials Division Institute of Forensic Science Said during the press conference that stated From examining the human bone fragments found, It is the part of the skull on the occipital side, slightly towards the ears. which is an important part of the human body, if not in the body then That person is deceased. There are also traces of burnt bones.”

“Chaiwat” denies the results of the DSI investigation.

4 September 2019, one day after the DSI press conference, Mr. Chaiwat, who had previously been identified as one of those involved in the detention of Mr. Billy Gave an interview to BBC Thai that Officers detained Billy for possessing 38 bottles of wild honey, but later released him.

In addition, the former head of Kaeng Krachan National Park added that He never arrested any Karen people in the Kaeng Krachan forest. If it is a community that has existed traditionally and follows the law along with insisting that he never looked at the Karen people in a bad light But the reason for having to lead the operation to burn down Pu Khoi’s house and the Karen community of Ban Bang Kloi at that time “It’s for security and threat reasons.”

“Chaiwat” was dismissed and prosecuted.

On March 25, 2021, the Civil Service Sub-Committee (CSC), Ministry of Natural Resources and Environment (NSC) passed a resolution to dismiss Mr. Chaiwat from government service after the Committee to Prevent and Suppress Corruption in the Public Sector. (NACC) points out the cause of the offense For performing duties illegally according to Section 157 of the Criminal Code. By burning and destroying the property of Bang Kloi villagers in Kaeng Prachan forest.

Image source: THAI NEWS PIX

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Chaiwat Limlikhitaksorn Former head of Kaeng Krachan National Park One of the last people to see Billy on April 17, 2014.

However, Mr. Chaiwat filed a lawsuit with the Administrative Court. The people being sued include: Ministry of Natural Resources, Permanent Secretary of the Ministry of Natural Resources and NACC from the said case Because there was an order to punish Mr. Chaiwat from government service. No committee was appointed to investigate and the allegations were not informed to Mr. Chaiwat. There should be a problem with legality. And allowing the said order to continue to be effective will cause serious damage to Mr. Chaiwat that will be difficult to remedy later.

This case proceeded until the Supreme Administrative Court upheld the order of the Administrative Court of First Instance which ruled to stay the enforcement of the Ministry of Natural Resources’ order. who ordered his dismissal from government service Therefore, he was able to return to the position of civil servant in the ministry. before being reappointed to the position of Director of the National Park Office in February 2023

However, Mr. Chaiwat still faces a case related to the disappearance of Mr. Porlajee. Because on August 10, 2022, the Attorney General’s Office There was an opinion to order charges against Mr. Chaiwat and 4 people, with one of them being charged. “Join together to kill others with premeditation” is Mr. Porlajee.

2023-09-28 05:05:02
#Criminal #Court #Corruption #Cases #orders #Chaiwat #Limlikhitaksorn #years #prison #Billys #murder #BBC #News #Thailand

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