Nicolaides Freed From Thai Prison

[geriatrickid]

Was he guilty? Yes. He confessed and pleaded guilty.

Was he released? Yes. He's in Melbourne now.

Was it benevolent? Yes, I think pardoning him 3 years early was an act of benevolence.

So then, what's the problem with the tag?

Excuse Me??????

What part of the concept of justice do you not understand?

How was that guilty plea achieved? Do you honestly believe the accused would have entered into that plea without being counseled that his guilt was predetermined and that the guilty plea would give him a chance for pardon and early release?

Yes he was released. Others that have been wrongfully convicted are sometimes released too. Does this release somehow mitigate the event?

The charges were politically motivated. Benevolent? Where does benevolence come into this? Righting the wrong is an act of trying preserve the tattered reputation of justice. Nodoubt you disagree as to the impact of this conviction on Thailand's reputation, however, there is a significant group of journalists, jurists and foreign affairs officials that would disagree with you on this.

[sriracha john]

Was he guilty? Yes. He confessed and pleaded guilty.

Was he released? Yes. He's in Melbourne now.

Was it benevolent? Yes, I think pardoning him 3 years early was an act of benevolence.

So then, what's the problem with the tag?

Excuse Me??????

What part of the concept of justice do you not understand?

How was that guilty plea achieved?

He pleaded guilty in court.

Did he write what he was accused of writing? Yes. He never denied that.

Do you honestly believe the accused would have entered into that plea without being counseled that his guilt was predetermined and that the guilty plea would give him a chance for pardon and early release?

Yes he was released. Others that have been wrongfully convicted are sometimes released too. Does this release somehow mitigate the event?

The charges were politically motivated.

Benevolent? Where does benevolence come into this?

He served only 1/36th of his sentence and received a Royal Pardon expeditiously after he pleaded guilty. It's accurate to call that benevolent.

Righting the wrong is an act of trying preserve the tattered reputation of justice. Nodoubt you disagree as to the impact of this conviction on Thailand's reputation, however, there is a significant group of journalists, jurists and foreign affairs officials that would disagree with you on this.

It's a tag. It doesn't indicate anything more than 3 factual, non-judgmental aspects of the topic.

Edited February 22, 2009 by sriracha john

[samran]

I personally like this take on the whole saga:

From Australian online newspaper crikey.com (nb. this article did contain links...but were lost in the cutting and pasting)

Stranger than fiction: who the f-ck is Harry Nicolaides?[/b]

Neil Walker writes:

Australian writer Harry Nicolaides has been jailed for three years in Thailand for insulting the Thai Crown Prince in his hugely unread 2005 novel, Verisimilitude. Cue much condemnation about harsh Thai justice and freedom of speech being curtailed. But is Harry the author of his own misfortune?

Harry's plight is getting international media attention with Reporters Without Borders highlighting the case as "a strong violation of freedom of speech". In Australia, Harry is being portrayed as a naïve innocent abroad who's suddenly found himself thrust into a Kafka-esque nightmare. Foreign Minister Stephen Smith has confirmed he's written to the Thai Government to express "strong support'' for Harry's request for a Royal pardon. There's a good chance a pardon will be granted. In 2007, Thailand's King pardoned a Swiss man sentenced to 10 years jail for publicly defacing images of him.

So, in his own charming parlance -- who the f-ck is Harry? Well, he’s an ex-Melbourne hotel concierge and, um, "best selling Australian author". With a penchant for Nicole Kidman's buttocks. The Times in the UK notes he "wrote seedy columns about his escapades with Thai bar girls and serious articles about child pornography". He does seem a little confused -- condemning child p-rn but quite happy to admit he was attracted to a Thai prostitute radiating "the innocent charms of a 12-year-old girl". He's a puzzling contradiction -- managing to write coherent pieces like this for The Age, yet also churning out rambling nonsense while in Thailand.

Reading Harry's missives in a weekly column for a tourism website in Phuket, it's clear he rather fancied himself as a Hunter S. Thompson-type, rattling around Thailand, indulging in all the bimbos and booze a few western dollars can buy. He thought he was being dangerous and edgy. In reality, it was all a bit sad.

Despite his protests, the English language teacher must have known Verisimilitude would cause trouble in the politically sensitive country, and he did his best to court controversy. Harry's self-issued media release promoted his "savage, ruthless and unforgiving" novel as “an uncompromising assault on the patrician values of the monarchy". It's unsurprising someone was offended, even if they weren't one of the seven people who originally bought the self-published book. If Harry was looking to stir up some publicity, he's certainly got it now.

Harry also claims he's "not an agitator". Hard to believe since this isn’t the first time he's slammed a foreign country in print. This Harry-penned July 2007 New Statesman article slams Saudi Arabia as a “conspiracy kingdom" -- mostly based on gossip he heard while working as a teacher there -- and paints a vivid picture of a country awash with illegal alcohol bootlegging, pornography, and beheadings of foreigners. At least he had the good sense to actually leave that "insular, suspicious" and "angerous" nation before the article was published.

Let's not glorify the foolishness of this Australian abroad by claiming he's a political prisoner and likening his plight to Salman Rushdie's. Hopefully, Harry will be free soon. Being an awful wannabe gonzo writer isn't a crime. Although perhaps it should be.

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[sriracha john]

^ a very accurate description of the situation. Thank you for posting it.

[neverdie]

Harry = Loser in the game of life!

[Steve2UK]

It is good that he has been freed,But i suppose he is getting a large payment for his story from some Assuie Sunday rag and then he will then have an account of the time spent in a Thai jail and make himself a bucket full of Aussie dollars.

I can't believe the sneering and sniping that is going on here. What is this? The envious cynic's thread? Is it just me who can see he has been through a terrible ordeal which may have left him with permanent health problems?

Very well put.

Fortunately it isn't just you who can see. To help those barstool pundits who have trouble in seeing, here's a link to an earlier Sydney Morning Herald article that contains Nicolaides' graphic description of what it was like in that prison. Personally, I think there was no need for the reporter to add a gratuitously lurid introduction to what already speaks for itself.

http://www.smh.com.au/world/the-medieval-p...90206-7zwj.html

For the poster who thought it appropriate (some kind of "joke"?) to refer to a "BG he led on for months on end" etc, you might like to view the footage of ABC Australia's coverage of Nicolaides' return - accompanied by his Thai partner. The lady doesn't look much like the stereotypical BG to me.

http://www.abc.net.au/news/stories/2009/02/21/2497750.htm

Too much other all-too-familiar agenda-driven clutter, disinformation, general "noise" and now bickerfests about PhD's/tags to dignify with a response here - and I think (hope) most members see it for what it is and judge it accordingly.

All in all, IMO it's what has now become a fairly typical News Clippings thread - sadly. IMO the forum should - and could - be better than this.

This flawed, unfortunate man is no Salman Rushdie and is now home with his family - that's good. He now joins them in dealing with a mother who has recently had a stroke and lost the power of speech (which - possibly - goes partway to explaining why the pardon came now rather than later during Songkran or HM's birthday in December). Is there really anything else new and worthwhile left to say about this sorry affair?

[cmsally]

Sadly, compassion seems to be rather lacking on here. Not really much progression since the times of the Roman amphitheatre.

The nature of this law is archaic and paranoid and the way it is applied is essentially flawed because of the repetition of evidence and discussion , being an offense in itself. If some people are willing to see a fellow human being rot in a cesspit for half a year because of this , then maybe some time for self assessment. One hopes they never become the victim of extraneous circumstances and find themselves in a similar position.

[ballpoint]

Sadly, compassion seems to be rather lacking on here. Not really much progression since the times of the Roman amphitheatre.

The nature of this law is archaic and paranoid and the way it is applied is essentially flawed because of the repetition of evidence and discussion , being an offense in itself. If some people are willing to see a fellow human being rot in a cesspit for half a year because of this , then maybe some time for self assessment. One hopes they never become the victim of extraneous circumstances and find themselves in a similar position.

Yes, the law is an ass, and all that, but it is there in plain black and white. This guy didn't unintentionally wipe his nose on a 100 baht note or fail to stand at the pictures, or even make a light hearted comment down the bar that was overheard by the wrong person. He took the trouble to write something down and then, unsuccessfully, try to publish it to a wider audiance. If he didn't know that was a crime after all his years in Thailand, and as a supposed journalist, then they could just as well have arrested him for stupidity. If I fall foul of some obscure law I've never heard of and am arrested I'd squeal like a pig too. The difference in this case is that, despite how "archaic and paranoid" it is, it is not an obscure law, it is a very well known one.

[wayfarer108]

The question is - who ratted him out?

He submitted his book to the authorities himself, then forgot about it and had no idea a warrant was out for his arrest.

That's one way of putting it. Another is that he fully expected to be convicted of lese majeste, to garner publicity for his book, but from the safety of Australia. He was arrested at the airport as he was about to board a flight for Australia.

His courting LM appears to be a publicity stunt, with an unanticipated temporary residence in jail. He began publishing his letters home to his parents shortly after imprisonment. Nicolaides had lived in Thailand for three years and was perfectly aware of the law and we can assume that like anyone who has lived here that long, he would have been aware of prison conditions as well. Google 'harry nicolaides', 'hoax; and 'Saudi Arabia' to learn how Harry is not averse to exaggeration and pretense to achieve publicity.

The PAD had nothing to do with it as they were completely unaware of Harry and the book. Some people even doubted that this self-published book existed until months after his arrest, someone photocopied it from Thailand's own National Library and sent a pdf around.

Edited February 22, 2009 by wayfarer108

[jdinasia]

I personally like this take on the whole saga:

From Australian online newspaper crikey.com (nb. this article did contain links...but were lost in the cutting and pasting)

Stranger than fiction: who the f-ck is Harry Nicolaides?[/b]

Neil Walker writes:

Despite his protests, the English language teacher must have known Verisimilitude would cause trouble in the politically sensitive country, and he did his best to court controversy. Harry's self-issued media release promoted his "savage, ruthless and unforgiving" novel as “an uncompromising assault on the patrician values of the monarchy". It's unsurprising someone was offended, even if they weren't one of the seven people who originally bought the self-published book. If Harry was looking to stir up some publicity, he's certainly got it now.

Harry also claims he's "not an agitator". Hard to believe since this isn’t the first time he's slammed a foreign country in print. This Harry-penned July 2007 New Statesman article slams Saudi Arabia as a “conspiracy kingdom" -- mostly based on gossip he heard while working as a teacher there -- and paints a vivid picture of a country awash with illegal alcohol bootlegging, pornography, and beheadings of foreigners. At least he had the good sense to actually leave that "insular, suspicious" and "angerous" nation before the article was published.

Nice find Samran

[wayfarer108]

Is it the library that reported him to the police?

No. According to Harry, he submitted the offending passage himself.

[jdinasia]

Is it the library that reported him to the police?

No. According to Harry, he submitted the offending passage himself.

But really .... he wasn't looking for attention! (particularly with his own descriptions of his book!)

[PeaceBlondie]

I discussed this LM law last night with my Thai partner, who is over 40 years old. Common understanding among the Thais, as he understands it, is that a Thai citizen who seriously offends the monarchy is put in prison, along with his entire Thai family.

I never wrote no stinkin' book about Thailand. I wrote about Xanta, and the Xanthese people who live along the Maakong River....

[mc2]

Full credit to his family and partner who stood by him.

Sure the guy made a mistake, he has done the time, now he can move on.

I hope he can make some money from his ordeal and build a future with his partner.

Maybe write a book or do some interviews. good luck to him.

[mc2]

I discussed this LM law last night with my Thai partner, who is over 40 years old. Common understanding among the Thais, as he understands it, is that a Thai citizen who seriously offends the monarchy is put in prison, along with his entire Thai family.

Similar policies were prevalent hundreds of years ago, saddam had one like it.

The Thais I have talked to about this case were extremely serious, sadly they support severe punishment. It makes me angry.

[GungaDin]

That's one way of putting it. Another is that he fully expected to be convicted of lese majeste, to garner publicity for his book, but from the safety of Australia. He was arrested at the airport as he was about to board a flight for Australia.

His courting LM appears to be a publicity stunt

--------------------

More absolute croc!

He submitted the book to all relevent depts, heard nothing back and published 50 copies, sold 7 and forgot about it. In 2005!

[wayfarer108]

That's one way of putting it. Another is that he fully expected to be convicted of lese majeste, to garner publicity for his book, but from the safety of Australia. He was arrested at the airport as he was about to board a flight for Australia.

His courting LM appears to be a publicity stunt

--------------------

More absolute croc!

He submitted the book to all relevent depts, heard nothing back and published 50 copies, sold 7 and forgot about it. In 2005!

So ask yourself why he submitted the text to authorities, when he knew full well that the relevant passage was LM?

Excerpt from an article Harry wrote for the Bangkok Post in 2006:

'As a final indictment of the susceptibility of the Thai education system to fraud consider the following experience. A friend from Australia was visiting Thailand as a tourist. I managed to convince him to assume my identity for the first lecture I was to deliver to 120 students in a course of social psychology at the university where I was working. The exercise was designed to show students how vulnerable people are to appearance and presentation especially so-called experts with impressive credentials. We had my friend’s imposing 6’4 physique clothed in a fine suit and tie beautifully fashioned in the finest bespoke tradition of Bangkok’s 24-hour tailors. We gave him an impressive resume – PhD Cambridge University, Chairman of research committee at Oxford University, author of two definitive textbooks in the field - all of which loomed large behind him on a massive cinema-sized screen in a PowerPoint format while Garry spoke authoritatively about nothing for some time. The students paid meticulous attention and wrote copious lecture notes on the rambling dissertation. After an hour when I arrived dressed casually in shorts and t-shirt and introduced myself as the real course lecturer, the students dismissed me as a loony intruder. After all, I did not look like a teacher.'

---

From the New Statesman:

Conspiracy kingdom

Harry Nicolaides

Published 19 July 2007

Teaching English in Saudi, Harry Nicolaides discovered a land of black markets, Black Label and beheadings

Somewhere in the Arabian Desert, a Rolls-Royce rockets along the highway under a smuggler's moon. The driver is a Savile Row-suited ex patriate. By day, he teaches English. By night, he transports illegal consignments of alcohol from Bahrain into Saudi Arabia's capital city, Riyadh, through biblical sandstorms. The expatriate is found dead in his flat a week later.

cont'd here:

http://www.newstatesman.com/travel/2007/07...a-black-english

Do these seem like the writings of someone who would be blissfully unaware of the likely consequences to what he wrote and submitted to Thai censors?

Further food for thought:

http://bangkokpundit.blogspot.com/2008/09/...se-majeste.html

Edited February 22, 2009 by wayfarer108

[geriatrickid]

He submitted the book to all relevent depts, heard nothing back and published 50 copies, sold 7 and forgot about it. In 2005!

And therein lies the embarrassment for Thailand. No protests at the time and then wham bam off he goes to prison based upon the political vagaries of the day. Thailand is in good company. China, North Korea, and Myanmar all incarcerate those that make objectionable statements.

I hope that the people cheering on this case find themselves in a similar situation, perhaps on trumped up criminal charges or in a messy commercial or land dispute. Let them greet their foes with support, love and respect when it happens. I promise to send a tin of tuna of similar quality that was given to the refugees when they are in jail. I also promise to dredge up every negative part of their lives too to justify their predicament.

[GungaDin]

He submitted the book to all relevent depts, heard nothing back and published 50 copies, sold 7 and forgot about it. In 2005!

And therein lies the embarrassment for Thailand. No protests at the time and then wham bam off he goes to prison based upon the political vagaries of the day. Thailand is in good company. China, North Korea, and Myanmar all incarcerate those that make objectionable statements.

I hope that the people cheering on this case find themselves in a similar situation, perhaps on trumped up criminal charges or in a messy commercial or land dispute. Let them greet their foes with support, love and respect when it happens. I promise to send a tin of tuna of similar quality that was given to the refugees when they are in jail. I also promise to dredge up every negative part of their lives too to justify their predicament.

Exactly, thank you.

[jdinasia]

He submitted the book to all relevent depts, heard nothing back and published 50 copies, sold 7 and forgot about it. In 2005!

And therein lies the embarrassment for Thailand. No protests at the time and then wham bam off he goes to prison based upon the political vagaries of the day. Thailand is in good company. China, North Korea, and Myanmar all incarcerate those that make objectionable statements.

I hope that the people cheering on this case find themselves in a similar situation, perhaps on trumped up criminal charges or in a messy commercial or land dispute. Let them greet their foes with support, love and respect when it happens. I promise to send a tin of tuna of similar quality that was given to the refugees when they are in jail. I also promise to dredge up every negative part of their lives too to justify their predicament.

I don't see anybody "cheering" though I do see more than a bit of "som nam na". I also doubt that anyone showing that the guy knew (or reasonably SHOULD have known) and certainly characterized his own book in a way to attempt to show him as a scathing social commentarian) would be stupid enough to commit L.M. and then come back to Thailand

[cmsally]

As far as I have read he submitted the relevant manuscript in 2005 for approval, asking if it was OK to publish. Apparently he received no reply or objection and then went ahead with publication. He never heard back and the arrest warrant was issued in March 08. Again he did not know of any arrest warrant until he was arrested at the airport in (I think it was) July 08.

The Thai authorities had plenty of time to object to what he was doing, so why wait 3 years; why not tell him no this material cannot be published.

Surely the whole point of submitting it to authorities was for them to decide whether it was LM or not.

Again a flaw with this law, in that no one seems to want to get involved with it. To get involved is to have to discuss and no one wants to let the worms out of the can. So best to keep quiet. That is until someone discovers it and can get political mileage out of it and has some worm tranquilisers at hand to keep them at bay but still be useful.

Hence the immense self censorship that goes on with boundaries that spread further and further as no one is willing to discuss where the goalposts should be located, whether we are using football or rugby specification posts etc., whether those posts should be relocated due to flood and famine etc.

[Briggsy]

As far as I have read he submitted the relevant manuscript in 2005 for approval, asking if it was OK to publish. Apparently he received no reply or objection and then went ahead with publication. He never heard back and the arrest warrant was issued in March 08. Again he did not know of any arrest warrant until he was arrested at the airport in (I think it was) July 08.

The Thai authorities had plenty of time to object to what he was doing, so why wait 3 years; why not tell him no this material cannot be published.

Surely the whole point of submitting it to authorities was for them to decide whether it was LM or not.

Again a flaw with this law, in that no one seems to want to get involved with it. To get involved is to have to discuss and no one wants to let the worms out of the can. So best to keep quiet. That is until someone discovers it and can get political mileage out of it and has some worm tranquilisers at hand to keep them at bay but still be useful.

Hence the immense self censorship that goes on with boundaries that spread further and further as no one is willing to discuss where the goalposts should be located, whether we are using football or rugby specification posts etc., whether those posts should be relocated due to flood and famine etc.

Indeed, cmsally. In addition, it must be noted that the National Library kept a copy on its shelves all that time, even after he was arrested and also went to the trouble of issuing an ISBN number. Who's arresting the librarians? Nobody, that's who.

It is important to note as you have pointed out, the first time he knew he was under investigation was when he was arrested at the airport and thrown into prison without bail.

This was a purely political exercise from sections of the police, judiciary and politicians.

[neverdie]

He submitted the book to all relevent depts, heard nothing back and published 50 copies, sold 7 and forgot about it. In 2005!

And therein lies the embarrassment for Thailand. No protests at the time and then wham bam off he goes to prison based upon the political vagaries of the day. Thailand is in good company. China, North Korea, and Myanmar all incarcerate those that make objectionable statements.

I hope that the people cheering on this case find themselves in a similar situation, perhaps on trumped up criminal charges or in a messy commercial or land dispute. Let them greet their foes with support, love and respect when it happens. I promise to send a tin of tuna of similar quality that was given to the refugees when they are in jail. I also promise to dredge up every negative part of their lives too to justify their predicament.

I don't see anybody "cheering" though I do see more than a bit of "som nam na". I also doubt that anyone showing that the guy knew (or reasonably SHOULD have known) and certainly characterized his own book in a way to attempt to show him as a scathing social commentarian) would be stupid enough to commit L.M. and then come back to Thailand

Spot on!

[toptuan]

He should also have the material for a new book, preferably written under a nom-de-plume, about life in a Thai prison.

It's been done a dozen times. All the same story: crowded, unsanitary, abuse, etc. Nothing new to add.

[JetsetBkk]

... a fellow human being rot in a cesspit for half a year ...

I don't think he was in there the full six months - he only fell in quite recently.

... A few hours before that I was climbing out of a sewerage tank that I fell into in the prison," AP quotes him as saying.

[jdinasia]

He should also have the material for a new book, preferably written under a nom-de-plume, about life in a Thai prison.

It's been done a dozen times. All the same story: crowded, unsanitary, abuse, etc. Nothing new to add.

This could be a new twist ....

not "I didn't run the drugs ..." or "I didn't know I was being used as a mule" but

"I was REALLY stupid" instead!

[saeanao]

The book published in 2005 and Harry charged in 2008.

It looks as if the authorities needed a sacrificial goat.

Why was Harry not granted bail.

Because the authorities saw him as a nobody whose imprisonment they could use to intimidate others.

Tow the line or this is what will happen to you.

“Verisimilitude” Harry Nicolaides book can be googled and downloaded, If not for the publicity I would not have bothered.

WAtoday.com.au

Nicolaides said he would write another book detailing his ordeal. "I'm angry and frustrated and perplexed at my treatment," he said. "I'm tired and exhausted and I've got a mother to go and see who's lost the power of speech.

Here is a list of people out on bail or under investigation.

Thai police formally charged leading leftist commentator Giles Ungpakorn on Tuesday with insulting the king, the latest in a slew of lese majeste cases critics say are stifling dissent and freedom of speech.

JAKRAPOB PENKAIR - A spokesman for ousted Prime Minister Thaksin Shinawatra, Jakrapob had to resign as a minister in the pro-Thaksin government in May after being accused of slandering the king in a talk at Bangkok's Foreign Correspondents' Club.

JONATHAN HEAD - The British BBC correspondent in Bangkok has received three lese majeste complaints. One was related to an online BBC story not written by Head which did not place the photograph of the king at the top of the page, as is customary in Thailand.

CHOTISAK ONSOONG - The young political activist was accused by police in April of insulting the monarchy for refusing to stand during the royal anthem that precedes all movie screenings in Thailand.

JITRA KOTCHADEJ - A union activist and friend of Chotisak, Jitra was fired by bosses at her clothing factory in August for appearing on a TV panel discussion wearing a T-shirt saying "Not standing is not a crime," a reference to Chotisak.It is not known if she has been charged by police.

SULAK SIVARAKSA - A leading academic and long-time critic of the lese majeste law, the 75-year-old was taken from his Bangkok home late one night in November and driven 450 km (280 miles) to a police station in the northeast province of Khon Kaen.

There, he was charged with insulting the monarchy in a university lecture he gave in December the previous year.

DARUNEE CHARNCHOENGSILPAKUL - More commonly known as "Da Torpedo," the pro-Thaksin campaigner was arrested in July after delivering an exceptionally strong 30-minute speech denouncing the 2006 coup and the monarchy.She is thought still to be behind bars, although it is not known if she has been formally charged.

SUWICHA THAKHOR - Suwicha was arrested last week on suspicion of posting comments on the Internet that insulted the monarchy. His arrest coincided with a speech by Prime Minister Abhisit Vejjajiva saying the law should not be abused.

OLIVER JUFER - The Swiss national was sentenced to 10 years in prison in 2007 for spraying black paint on huge public portraits of King Bhumibol Adulyadej. He was pardoned and deported after serving four months.

[ballpoint]

I can't get over all the bleeding heart apologists who come on TV making excuses for other peoples stupidity. We've had excuses made for the bitten by the tiger lady, the Swede T-shirt thieves, the brawling Aussie, the driver of the car that hit the tourist in Kanchanaburi and ran, this guy, the Swiss guy arrested on the same charge, and no doubt many more if I took the trouble to look them up. Ask yourselves honestly, living in Thailand and knowing the LM laws, would you have done the same thing?

[TAWP]

Harry's book and Da Torpedo's rants fall outside what is called criticism, especially Torpedo's. Anyone could have sued someone like Da Torpedo under regular defamation/libel laws, without the need to resort to LM.

That is the problem, isn't it?

Defamation and slander is a civil case in any reasonable system in the world.

Here it is not only a criminal matter [no-matter who is the victim] - there is also a second special law if the slander happen to be aimed at a specific family - with far harsher penalties for the offender.

[TAWP]

I don't think the librarians would have run to the police. More likely they were given a copy AFTER it has become a scandal. Maybe Harry himself gave it to them as a promotion because it's note very likely his self published book was on their acquisition list.

As Steve2UK pointed out, this is incorrect.

The book was stored at the library long time before the case came to anyones attention.

And the librarians bringing the book in AFTER the case went public would surely have rendered them to the same charges...as it (lending the book, that is) is the only way to get your hands on the book currently.