Published on Sep 2, 2004

Senior prosecutors yesterday criticised police for pressing election-violation charges against a 78-year-old grandmother with impaired hearing.

Officers from Thung Song Hong police station charged Puengpian Thongpanchang after she allegedly confessed to tearing up a ballot form during Sunday's Bangkok governor election.

Senior prosecutors yesterday held a press conference to assure the public that Puengpian would get a fair hearing. They praised the grandmother for her democratic spirit despite being elderly and poor.

Kulpol Polwan, deputy director-general of the Civil Rights Protection and Legal Aid Office of the Attorney-General's Office, said prosecutors had requested that police provide them with more evidence concerning the charge.

Thawatchai Kongkasawan, the prosecutor in charge of the case, personally questioned Puengpian and said she had denied committing the offence.

Kulpol said Thawatchai found that Puengpian could not hear properly and needed the help of her granddaughter to communicate. She also carried a Social Welfare Department document stating that she had impaired hearing.

"But the fact that she has impaired hearing was not in the police investigation file, so prosecutors have made police complete the investigation," Kulpol said.

Puengpian told prosecutors that she thought election officials told her to tear up the ballot when, in fact, they had asked her whether she had ticked the ballot form.

Kulpol said Puengpian might not have intended to break the law.

Article 123 of the Election Act, which covers the destruction of ballot forms, stipulates that there must be intent to commit an offence for a person to be charged.

"I believe an elderly woman like her deserves to be praised, because despite being a 78-year-old and living in a poor community she still demonstrated democratic spirit," he said.

Kesinee Taengkhieo

THE NATION