By Erich Parpart

 

A defamation complaint was filed on Friday against the lawyer who released the clip of Joe Ferrari murdering a drug suspect.

 

On Monday, a well-known lawyer, Sittha Bearbungkerd, released a video clip on his social media pages that showed Thitisant “Joe Ferrari” Uttanapol committing the crime.

 

The defamation suit was filed against him by Decha Kittiwitthayanun, a lawyer who was also in possession of the viral video before it was released on social media.

 

Full story: https://www.thaienquirer.com/31874/lawyer-who-leaked-joe-ferrari-tape-sued-for-defamation/

 

-- © Copyright Thai Enquirer 2021-08-28

 

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I hope this case exposes and tears the whole rotten system to shreds.

“On Monday, a well-known lawyer, Sittha Bearbungkerd, released a video clip on his social media pages that showed Thitisant “Joe Ferrari” Uttanapol committing the crime.”

 

And the winner of Brass-Balls of the Week goes to…

 

Well done, Sir. ????
 

28 minutes ago, ukrules said:

I hope this case exposes and tears the whole rotten system to shreds.

It wont the honest ones will pay the price 

THIS can only happen in Thailand. Farcical and ridiculous!

37 minutes ago, billythehat said:

“On Monday, a well-known lawyer, Sittha Bearbungkerd, released a video clip on his social media pages that showed Thitisant “Joe Ferrari” Uttanapol committing the crime.”

 

And the winner of Brass-Balls of the Week goes to…

 

Well done, Sir. ????
 

The guy should be given a medal

 

22 minutes ago, tracker1 said:

It wont the honest ones will pay the price 

I have a feeling it will be different this time, this video evidence will be famous throughout the entire world.

 

Everyone will know what they're all about now.

 

Brian Rix would have trouble making this farce up.

What a bunch of Muppets.

1 hour ago, ukrules said:

I have a feeling it will be different this time, this video evidence will be famous throughout the entire world.

 

Everyone will know what they're all about now.

 

It is (surprisingly) global news and is in most newspapers around the world…Google Joe Ferrari

1 hour ago, ukrules said:

I have a feeling it will be different this time, this video evidence will be famous throughout the entire world.

 

Everyone will know what they're all about now.

 

You have more faith than me. When a fella from a prominent family kills a police sergeant in front of 30 plus witnesses, goes on the run, all witnesses withdraw their statement and he gets off with it. Then ends up as a government minister. No it is not a Holywood comedy but what happened here.

I hope you are right but I have serious doubt.

I think that the car manufacture Ferrari cars and luxury items should sue Joe for using their trademark name... 

28 minutes ago, Laughing Gravy said:

You have more faith than me. When a fella from a prominent family kills a police sergeant in front of 30 plus witnesses, goes on the run, all witnesses withdraw their statement and he gets off with it. Then ends up as a government minister. No it is not a Holywood comedy but what happened here.

I hope you are right but I have serious doubt.

Well that video isn't going away, ever. That's the difference here, it's on video.

Sued for defamation? What? Mr. Joe was pretty good at making himself look bad. No chance that telling the truth can be a case of defamation. If they do that they will only dig a deeper hole for the force. And, I believe it´s deep and ugly enough already.

I do not see how defamation can apply in this case but maybe the law here is different.  There was no libel or slander or comments just a video which people can come to their own conclusion.

 

Falsity - Defamation law will only consider statements defamatory if they are, in fact, false. A true statement is not considered defamation. Additionally, because of their nature, statements of opinion are not considered false because they are subjective to the speaker.

3 hours ago, webfact said:

The defamation suit was filed against him by Decha Kittiwitthayanun, a lawyer who was also in possession of the viral video before it was released on social media.

Sued by someone not in the video, but who had the video themselves.

 

Says it all.

2 hours ago, ukrules said:

The guy should be given a medal

 

Sir, surely a large brown envelope would be the order of the day. He may need the cash soon…

Madness! 

TIT

The one who claims defamation should be prosecuted... This man did his job by showing the world what the  so called RTP is doing all the time.. They are a shame for the country and there must things change as they write in several newspapers all over the world,,The truth hurts

Lol. For what? Spreading the truth?

30 minutes ago, bkk6060 said:

I do not see how defamation can apply in this case but maybe the law here is different.  There was no libel or slander or comments just a video which people can come to their own conclusion.

 

Falsity - Defamation law will only consider statements defamatory if they are, in fact, false. A true statement is not considered defamation. Additionally, because of their nature, statements of opinion are not considered false because they are subjective to the speaker.

That is not the law in Thailand - some western country maybe views it like this.

 

Defamation in Thailand

Defamation in Thailand may be in form of slander or libel. Incidents of defamation may occur in a business, political, or commercial context. In Thailand, unlike many Western jurisdictions, defamation may be both a criminal offense and/or a civil offense. Defamation is a criminal offense in accordance with sections 326 -333 of the Thai Criminal Code. This means that under Thai law, a person convicted of defamation charges may be subject to imprisonment. There are two kinds of defamation: 1) Simple defamation  — Whoever imputes anything, to the other person before a third person, in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned. 2) Libel  — document publication, drawing, painting, cinematography, film, picture or letters made visible by any means, or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means. The burden of proof lies on the defendant to prove that his statements are true. The defense that the defendant did not know his statements to be false is not acceptable in Thailand.  If found guilty of an offense, a sentence of up to two years imprisonment.  Defamation can also be a civil offense under section 423 of the Thai Civil and Commercial Code. If found guilty, then the offender maybe ordered to pay a fine. http://www.chaninatandleeds.com/guide/defamation.html

I guess the suing lawyer is upset as he was still waiting to hear how much money the news agencies would pay for the story.

Exposing a murder is a crime of defamation, you have to be kidding me.  I guess this is the first salvo in getting evidence of the crime removed from the ability to be used in the prosecution. Fruit of the poisonous tree perhaps.  Just insanity.  Guess if I provide a copy of an accident video where someone dies in front of my home then I can be sued for defamation as well.  Amazing Thailand.

36 minutes ago, brucegoniners said:

Lol. For what? Spreading the truth?

He was spreading the truth . But he accused, allegedly. the lawyer who had the clip first of holding on to it, in an attempt to blackmail A*****e Joe.

2 hours ago, Andycoops said:

Brian Rix would have trouble making this farce up.

What a bunch of Muppets.

That's very fn harsh on the Muppets. You could be sued for defication. 

Just to be clear on what this is about:

 

“I have filed a complaint to prosecute Mr Sittha for defamation and violation of the Computer Crime Act after he accused me of trying to blackmail the former chief of police at Muang Nakhon Sawan police station,” he (Decha Kittiwitthayanun, a lawyer) said.

 

Decha also had a copy of the tape but didn't release it.

 

So it's not about the tape being released on social media.

 

Incidentally, I would've thought bringing a case of defamation is not the wisest move, just publicising the allegation even further, but I suppose it's a face thing.

46 minutes ago, brucegoniners said:

Lol. For what? Spreading the truth?

Yes, it’s frowned upon here 

2 minutes ago, Nip said:

That's very fn harsh on the Muppets. You could be sued for defication. 

Cookie Monster says if no chocolate chips cookies are bad and Cookie must be sued for failing to cook a cookie the right way..........hmmm analogies, we could go on all day.  However, Defamation cases are the norm in order to hide evidence from the public, as a lawsuit threat will get people to recant and make disingenuous statements relating to the evidence as it was all just a misunderstanding.

4 hours ago, ukrules said:

I hope this case exposes and tears the whole rotten system to shreds.

Yes!

Except there are a few rotten systems in place here which need shredding.

Some are official like the defamation law and then there are those not so official police systems and protection systems and political systems.

3 hours ago, ukrules said:

I have a feeling it will be different this time, this video evidence will be famous throughout the entire world.

 

Everyone will know what they're all about now.

 

I don't think they care.

 

They will use the rotten to the core system, with it's manifestly ludicrously unjust laws such as those pertaining to "defamation", a system which has been entirely manipulated by a deeply corrupted ruling class, to make it go away.

 

Their horizons only extend beyond the country in as much as the rest of the world provides a place to stache their obscene looted wealth. Public opinion here does not equate to money, so they ignore it. Opinion in the outside world does not equate to money, so they ignore it.

 

Thailand has, in theory, all the institutions and agencies of a developed, democratic state which can serve it's people fairly. In practice the poison of corruption and desire for power, not for any form of public service, but to facilitate self promotion and access to ever more corrupt practices, has infected and perverted just about every organ of the state.

 

They know it, they know their population know it, they know the outside world know it, they don't care.