The Court of Appeal has overturned the acquittal of former Democrat Party deputy leader Prinn Panitchpakdi and sentenced him to three years in prison for indecent assault and taking a minor away from parental care for indecent purposes.
The ruling was read out on Tuesday at the Criminal Court. Prinn appeared at the court in prison clothing. He is serving a sentence imposed by the South Bangkok Criminal Court in other sexual-offence cases.
In this case, prosecutors originally charged Prinn with abducting a minor, a female aged over 15 years but under 18, for indecent purposes.
The Criminal Court was told Prinn took a 17-year-old girl away from her parents or guardian for an indecent purpose, with her consent, during daytime on April 25, 2018. He held her left hand with his right hand and touched her thigh with his left hand while she was in a position in which she was unable to resist. The incident occurred openly in Din Daeng district, Bangkok.
Prinn denied the charges.
The Criminal Court ruled that the incident occurred inside a private van that had curtains and dark-tinted windows, and a partition separating the driver from the passengers, meaning it could not be seen by people outside the vehicle.
The court also ruled that the indecency charge was compoundable and subject to a three-month statute of limitations from the date of the alleged offence. As the incident occurred in 2018, the court found that the statue of limitations of the case had expired.
On the charge of taking a minor away from parental care, the court found that Prinn had volunteered to drive the girl to her condominium and had not deviated from the route. When he touched her leg during the journey, she asked to get out and return home on her own. He allowed her to leave the vehicle, and the court ruled that his actions did not amount to taking the girl away from her parents.
The court found the evidence agains him was insufficient, and acquitted him.
The prosecution appealed against the judgement.
After reviewing the case, the Appeals Court ruled that the offence committed on April 25, 2018, had not become time-barred because the period from the date of the offence to the date the indictment was filed did not exceed the statute of limitations period.
On the charge of taking a minor away for an indecent purpose, the higher court said the term “taking away” referred to taking a minor away or removing a minor from the parental authority of their father or mother. Such an act could constitute an offence even if the defendant and the victim remained inside a vehicle.
The court found that Prinn’s conduct constituted separate offences and that he should be punished for each offence.
The court overturned the lower court’s finding and sentenced him to one year in prison for the indecent act and two years for taking a minor away for an indecent purpose, the sentences to be seved consecutively and without suspension.
Prinn has also been indicted in other cases jointly brought by prosecutors and alleged victims.
