Unofficial English Translation of ‘Aljazeera Interview’ Trial Criminal Charge Document (for upcoming Sept 2-10 trial)

[Garuda]
Complaint Case No. Black 2051/2557
True Copy
[Signature] Phrakhanong Provincial Court
(Mr Phanitphong Phlapphon)
Assistant Prosecutor 18 June BE 2557 [2014]
Special Prosecution Office, Criminal Case Section, Bangkok South 7
18 June 2557

Criminal Case

(Prosecutor, Special Prosecution Office, Criminal Case Section, Bangkok South 7
( Prosecutor
Between
(Mr. Andrew Jonathan Hall (Mr. Andrew Jonathan Hall)
(or Mr. Andy Hall (Mr. Andy Hall) Defendant
Count Defamation
Investigating Agency Bang Na Metropolitan Police Station has investigated
I Prosecutor, Special Prosecution Office, Criminal Case Section, Bangkok South 7 Prosecutor
Request to enter a charge against Mr. Andrew Jonathan Hall (Mr. Andrew Jonathan Hall)
or Mr. Andy Hall (Mr. Andy Hall) Age 34 Profession —
Defendant
Resident at: (deleted from translation)
Province Bangkok or Northern Ireland (Northern Ireland)
Country England (United Kingdom)
Race English
Nationality English

With the following statement
1. Between an unspecified date at approximately the beginning of BE 2556 [2013] during the day and 8 July BE 2556 [2013] during the day, the defendant wilfully defamed and falsely accused Natural Fruit Co Ltd (a juristic person under Thai law with an office in the Kingdom of Thailand situated in Nong Ta Taem Subdistrict, Pranburi District, Prachuap Khiri Khan Province and with Mr. Wirat Piyaphonphaibun as Director with authority to act for the Company), the injured party, to third parties by speaking in an interview with a reporter where images and sound were recorded in Burma (Myanmar) in order to disseminate the words of the defendant to the general public. Parts of the statement falsely accused the injured party saying “Thailand fruit industry as a valuavle and sensitive business. NGO reports fruit processing company in South of Thailand. Natural Fruit is accused to be guilty of basic human right violation and child labor.”, which is translated into Thai as “The fruit industry in Thailand is a valuable and sensitive industry. An NGO reported on a fruit producing company situated in the south of Thailand, Natural Fruit (meaning Natural Fruit Co Ltd) being accused of offences in violating basic human rights and using child labor.” and “They were not paid legal minimum wages. They were confiscated the worker’s passport. The workers supposed to force to work overtime. There were many times random deductions salary.”, which is translated into Thai as “They did not receive wages at the legal minimum rate. They had the passports of workers seized. The workers were forced to work overtime. There were many times when money was deducted from their salaries without reason.”, and “And they didn’t have any power to speak out. And I mean, all the workers there said to me that working there was like hell.” which is translated into Thai as “They had no authority to speak out and I mean that all the workers that spoke to me said that working there was like falling into hell.” All this is of a nature to damage the reputation of the injured party, and to have them held in contempt or hatred and there was someone who recorded such images and sound of the interview given by the defendant to disseminate on the YouTube website (youtube). Such actions of the defendant caused the injured party to suffer damage to their reputation and to be held in contempt and hatred and the result of the commission of the offence by the defendant has occurred to the injured party in the Kingdom by the intention of the defendant to have the result occur in the Kingdom. Through the manner of committing such actions the result was likely to occur in the Kingdom of Thailand and the defendant must have foreseen that the result would occur in the Kingdom of Thailand. The details of the interview given by the defendant appear in a recording on tape in the English language and a translation into Thai is appended to the charge and the disk recording the images and sound from the YouTube website (youtube) will be sent to the court by the prosecutor at the hearing stage.
The incident occurred both in an unspecified subdistrict, district, province or town in Burma (Myanmar) and in Bang Na Subdistrict, Bang Na District, Bangkok.
2. Later on 19 May 2557 [2014] the defendant came to meet the investigating officers and the investigating officers informed him of the charge and investigated.
At the investigation stage the defendant denied the charge.
During the investigation, the defendant was not detained. The investigating officers requested a delay in prosecuting the defendant in this court and this court gave permission to delay prosecution. In accordance with Case No. Pho 107/2557 the defendant was sent to court together with this charge.
In this case the injured party filed a complaint to proceed with this case against the defendant within the statute of limitations according to the law.
Furthermore, this case is an offence with a penalty under Thai law if committed outside the Kingdom. The Attorney-General has authorized the investigating officers of Bang Na Metropolitan Police Station to act as investigating officers responsible for conducting the investigation as per the letter of the Attorney-General appended to the charge.

Concluding Request for Criminal Charge
Given that the defendant has acted in accordance with the above statement in this charge I believe that this is an offence under the following laws and sections, i.e. Criminal Code Section 341 326 [correction initialled] and Act of Amendment to the Criminal Code (Version 11) BE 2539 Section 3 [written addition initialled]
And request the court to consider punishing the defendant according to the law and request the court to order —/

I have submitted one identically correct copy of the charge and await the order and if not it is understood.

[signature] Prosecutor
(Mr Aphichai Thianphoemphun)
Special Prosecutor, Criminal Case Section, Bangkok South 7

I, Mr Phanitphong Phlapphon, Prosecutor, Special Prosecution Office, Criminal Case Section, Bangkok South 7, composed this charge.
[signature] Composer

I, Miss Thanida At-han, Position, General Affairs Manager, wrote or typed this charge.
[signature] Writer or Typist

*Note: Text that is in English in the original is here given in italics.