The Nation Published on Sep 1, 2004

Police are pursuing legal action against an elderly woman with impaired hearing for destroying a ballot form at a polling station in Lak Si district during the election for Bangkok governor on Sunday.

Puengpian Thongpanchang, 78, went to the polling station at Charoenphol Wittaya School on Sunday but mistakenly ticked number 18 on the ballot form.

She said she wanted to vote for number seven, Pavena Hongsakul.

“I then heard someone saying, ‘Have you torn the ballot yet?’ and I immediately tore it in two,” Puengpian said.

Puengpian’s granddaughter, Kanittha Chuenjai, said her grandmother had misheard an official’s question, “Have you ticked the ballot yet?”, after the officer saw her having problems in the booth.

Prosecutors stated in a report to police that Puengpian had mistakenly destroyed the form, and returned the case to the police.

Investigators then summoned Puengpian to Thung Song Hong police station yesterday to give further testimony.

“I am seriously worried. I am afraid I will face prosecution,” Puengpian said yesterday.

Puengpian gave police a doctor’s statement confirming she suffers from severely impaired hearing.

Station investigator Lt-Colonel Winij Polying said he was gathering testimony and waiting to hear from the Royal Thai Police on whether Puengpian had any criminal record.
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Police getflak for arrest of woman, 78
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

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Ballottearing forgiven

Published on Sep 8, 2004

The 78-year-old grandmother who mistakenly tore up her ballot during the Bangkok governor election escaped charges yesterday.

Police declined to pursue her case after a hospital verified in writing that Puengpian Thongpanchang suffered seriously impaired hearing, said LtColonel Winit Ponying of Tung Song Hong Police Station, who was in charge of the case.

Puengpian had gone to her polling station in Lak Si district on August 29 to cast her vote when she was arrested for defacing her ballot.

She told police that because she was hard of hearing, she read an election official’s lips as asking “Have you ripped the ballot yet” instead of “Have you ticked the ballot yet”.

Public prosecutors had earlier returned the case to police and concluded in their report that the elderly woman had mutilated her ballot in error.

After learning that police had dropped the case, Puengpian told neighbours the legal hitch would not prevent her from exercising her duty to vote in the future.

“Next time, I won’t tear my ballot. I don’t want to have any problems with the police,” a neighbour quoted her as saying.