2 UPDATES below

In 2009, the police raided Prachatai, a popular online news website and arrested the online editor Chiranuch Premchaiporn. Chiranuch was charged under the Computer Crimes Act as she did not delete comments posted by readers that were alleged to constitute lese majeste. More posts on her arrest and the aftermath here, here and here.

In theory, Chiranuch faces up to 50 years in prison because there are 10 counts – five years per count. Then, last year, Chiranuch was arrested again… after attending a conference about  online freedom of expression – see post by BP here and by Saksith here. Chiranuch’s trial started  in February 2011 – see a post at Siam Voices about it here – but after a few days of hearings, the rest of the trial was delayed until September. The trial recommenced yesterday. You can see full schedule of the trial in Thai here.

[UPDATE: A reader points to Section 91(2) of the Criminal Code which states:

If it appears that any offender has committed several distinct and different offences, the Court may punish such offender...the total punishment of every offence must not exceed the following:
...
(2) twenty years in the case of the severest offence having the maximum term of imprisonment of between 3-10 years
(3) fifty years in the case of the severest offence having the maximum term of imprisonment exceeding 10 years....

BP: As the maximum penalty in the Computer Crimes Act for the offence that Chiranuch has been charged with is only 5 years, Section 91(2) means Chiranuch faces a maximum of 20 years in jail for the current trial. However, BP is advised that there may be a second trial and lese majeste may be one of the offences and hence this brings Section 91(3) into operation which means a possible jail sentence of a maximum of 50 years.]

C.J. Hinke has a post at New Mandala on the proceedings at the court yesterday. C.J. notes there is a new judge, but the following excerpt is key:

The judge then stated that the Prachatai ‘webboard is not the responsibility of its webmaster’ as no warning letter was sent to Prachatai by police before Chiranuch was arrested even though police were receiving her full cooperation.

The judge questioned again if Noppawan posted lèse majesté, it must be determined how Chiranuch can also be guilty.

The Hon. Kampol stated ‘the judge alone must determine if the comments are lèse majesté and that discussion on this matter in previous hearings had no meaning’ to this judge.

The judge’s final comment to the day’s testimony was, again, in his opinion, ‘this case is nothing’ and ‘the defendant was not at fault’.

It is far too early to divine whether the tide has turned in favour of one brave journalist due to a new govt or unprecedented public support but this judge gave some new hope, at least, that genuine justice will prevail for Chiranuch Premchaiporn.

Simon Roughneen in a post for PBS MediaShift also notes:

After a six month hiatus, hearings resumed in Chiranuch’s case, in Bangkok this week. I attended, listening to testimony from police officers involved in the investigation against Chiranuch, who like most Thais goes by a nickname, shortened to “Jiew.”

Speaking to MediaShift after the morning hearings, she said that the restarted proceedings seemed to be moving faster than during the previous court sitting held in February, and that she remains “hopeful for a positive outcome.” Some of that optimism may stem from the notably-assertive judge now overseeing the case, who said in court on Thursday that the accused “is not at fault.” However hearings are scheduled to run into October, as things stand, with the witnesses for the accused not due to take the stand until next month.

BP: BP doesn’t think this is down to a new government,* but more a hope by many that the case will go away as it is attracting too much media attention and also increased opposition to lese majeste laws.** It seems clear from what the judge is saying that unless the prosecution offers up something new then it is likely that the judge will acquit.

[UPDATE: Pravit in The Nation:

The prosecution side responded by asking: "So the case is becoming one of interpreting the intention [of Chiranuch]?”

The judge ignored the question, and went on to say: “It’s clear that the defendant did not post the messages [herself] but the question is, did she or didn’t she support [such postings]?”

…
“The case really isn’t complicated. The information is clear. It’s not like someone stabbed a person and disappeared for five days. Whether she is guilty or not will be up to the court to decide,” the judge added.

BP: This is slightly at odds with C.J.’s post and as Pravit is a native Thai speaker whereas C.J. would be relying on a translator, will favour Pravit’s take and this suggest that statements made by the judge are not as favorable to Chiranuch’s case as early mentioned]

*As Achara noted in the Bangkok Post:

Cabinet members including Deputy Prime Minister Chalerm Yubamrung and ICT Minister Anudith Nakornthap have said they would continue enforcing the lese majeste law despite repeated calls by red shirt supporters to repeal the law which has landed many of their comrades in jail on what they say are politically trumped-up charges.

BP: Chalerm has been preoccupied by the police change removal since then so we will see whether all this bluster of taking action and strict enforcement looks like in reality. When will we have the first arrest? And what will the response be?

**yes, Chiranuch’s trial relates to the Computer Crimes Act, but it is comments that are deemed lese majeste that the trial relates to. The Act has simply become an electronic version of lese majeste because it accuse someone of committing a computer crime doesn’t sound as bad…