On 4 April 2024, 9.30 a.m. at the Civil Court on Ratchada Road, Phinnapha Phrueksaphan, acting on behalf of ‘Billy’ Porlajee Rakchongcharoen’s mother and children, along with lawyers from the Cross Cultural Foundation filed a civil lawsuit against the National Park, Wildlife and Plant Conservation Department. The lawsuit holds the department accountable as an administrative agency liable to the tortious conduct of national park officials in connection with the disappearance and later death of Billy, as indicated in the Act on liability for wrongful act of officials B.E. 2539. The complaint was presented to the Civil Courts under a black case number P.14569/67. The Civil Court scheduled the initial appointment for the date of settlement of issue on 10 June 2024.
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In the afternoon, the Civil Court scheduled a hearing to consider the request for a court fee waiver that was submitted by Billy’s family along with their complaint demanding the national parks department to compensate 26 million baht (about 630,000 USD) for the damage. Billy’s family stated to the Civil Court that Billy’s mother and children are impoverished and deprived of the tower of strength for their household. As a result, there is insufficient revenue to cover the expenses related to court fees. The court’s refusal to grant permission would prevent all seven plaintiffs from initiating legal proceedings and deprive them of access to justice. The Civil Court issued an order at 3.30 p.m. after the hearing, ruling that the seven plaintiffs had reasonable grounds to file a lawsuit. Additionally, considering the plaintiffs’ financial situation, where they lack sufficient assets to cover the court expenses, the court granted them permission to waive the court fees.
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Phinnapha Phrueksaphan, also known as Muenor, the authorized representative of the seven plaintiffs, expressed her purpose in filing a civil complaint today: “We want justice. Our love one, Billy vanished completely. There must be a reason. Someone or an appropriate agency must hold accountable.”
On May 17, 2014, Billy, a Karen human rights activist, was arrested by Mr. Chaiwat Limlikit-aksorn, then-chief of Kaeng Krachan National Park, and three of his men who were also National Park officers. They later claimed Billy was released shortly thereafter. Nevertheless, nobody knew what had happened to him since. In 2019, the Department of Special Investigation (DSI) found parts of Mr. Porlajee’s body that was verified with his mother’s DNA, as well as additional evidence, witnesses, and motivations. Then in September 2022, the Office of the Attorney General (OAG) decided to bring charges against the four officers who apprehended Billy for premeditated murder and other offenses before the Central Criminal Court for Corruption and Misconduct Cases. On September 28, 2023, the four national park officials were acquitted of all charges in connection with Billy’s death. However, the former chief of Kang Krachan National Park, the first defendant, was sentenced to three years in prison for misconduct (failing to report to the police) in relation to Billy’s arrest and detention. The trial is currently being appealed to the court of appeal.
The Cross Cultural Foundation encourages the media and the general public to follow this case to ensure that Billy’s family, who have long fought for justice, receive proper justice and restitution. This involves the ability to bring perpetrators to justice under the law and to eradicate the culture of impunity among state officials.
