The lawyer for Big Joke responded to the issue of the audio clip alleging a 246 baht gold bribe, insisting the police have no authority to investigate and the case might be dismissed on a procedural error. He suspects the audio clip was altered using AI and declared his intention to continue as legal counsel.
At 10:00 a.m. on 21 Apr 2026, Mr. Sanyaphatchara Samart, the lawyer authorized byPol. Gen. SurachateHakparn, known as Big Joke, former Deputy Commissioner-General of the Royal Thai Police, held a press conference to rebut the audio clip related to the gold bribe case and all related issues. Also present was Pol. Col. Phakphum Pismay, or "Nueng" (Class of 2009 Police Cadet Academy), former Deputy Commander of the Investigation Division Region 4, a well-known crime fighter and a close former subordinate of Big Joke, who attended the press conference.
Meanwhile,Pol. Col. Phakphumattempted to join the session in person, but the media was asked to cooperate by attending online instead, to avoid any commotion.
Afterward, the lawyer's press conference lasted about 2 hours and 30 minutes. Early in the remarks, he explained that Thailand’s criminal proceedings have two systems: the accusatory system for general cases and the inquisitorial system for special cases under specific laws.
In cases where members of the National Anti-Corruption Commission (NACC) are accused of corruption or unusual wealth, the Constitution of the Kingdom of Thailand B.E. 2560 (2017), Sections 236 and 237, specify special procedures and powers. These allow at least 20,000 members of the House of Representatives, Senators, or citizens to file a complaint to the Speaker of Parliament, who then refers it to the President of the Supreme Court to appoint an "independent inquisitorial panel" to investigate the facts.
This principle aligns with provisions in the 1997 and 2007 Constitutions, setting specific procedures for cases involving NACC members. It corresponds with the Organic Act on Anti-Corruption B.E. 2561 (2018), Section 45, which states that only the independent inquisitorial panel has the authority to investigate.
In addition to constitutional law, the lawyer cited Supreme Court ruling no. 2689/2017, which clearly states that criminal proceedings against NACC members are specially regulated, barring victims from filing complaints in regular criminal courts under the Criminal Procedure Code.
This is consistent with the opinion of the Council of State (case file 324/2004) and the memorandum from the Legal Affairs Division of the Royal Thai Police, which confirm that police investigators lack authority to prosecute NACC members and must advise complainants to follow the special constitutional procedures.
Therefore, the investigation and charges brought by the Anti-Corruption and Misconduct Division (ACMD) are viewed as unauthorized and unlawful actions.
Regarding recent developments, on 16 Apr 2026, Pol. Gen. Surachate submitted a petition for justice to the Director-General of the Office of the Attorney General’s Anti-Corruption Division, opposing the case file forwarded by the investigators for the prosecutor’s review.
He also contested the National Police spokesperson’s press briefing on 18 Apr 2026, arguing it may violate police regulations on providing information that could affect cases and infringe on the rights of the accused.
If the audio clip was obtained via wiretapping, it violates the Computer Crime Act Notification No. 21 and cannot be used as evidence under the law. He emphasized that under human rights principles, the suspect is presumed innocent until proven guilty and has the right not to be publicly shamed ordisrespectedin reputation and honor through any media.
The lawyer also stated that after discussing with Big Joke, he confirmed the audio clip's voice is definitely not Big Joke’s, as current technology allows for voice imitation. He demonstrated how easily this can be done. He acknowledged that Mr. Samart, also known as Edward, is very close to Big Joke like family. Previously, Mr. Samart sought legal advice regarding a dispute involving lawyers Tum and Je Aoi, asking Big Joke to find a lawyer, which led to Lawyer Ood taking the case. Later, Mr. Samart flew to England for medical treatment in November 2025, before this case arose. Therefore, Big Joke’s client did not pressure Mr. Samart to flee the country, and after the issue arose, his client lost contact with Mr. Samart.
Additionally, the lawyer pointed out that parts of the audio clip include sobbing or crying, suggesting this was intended to influence public opinion, as everything can be fabricated to appear authentic. In the clip, Big Joke’s speech is not fluent and does not sound like himself, leading the lawyer to suspect technological manipulation. Despite the Royal Thai Police’s announcement that the clip was verified by the Forensic Science Office as genuine, the lawyer insists he will continue representing Big Joke.
Regarding why Big Joke did not attend the press conference himself, the lawyer confirmed that Big Joke has not fled. The media can meet with him at any time. Big Joke appointed the lawyer as his legal representative and wants him to take sole responsibility for this matter.