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Media Gag Order Sought For Thaksin's Asset Seizure Case


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Gag orders normally involve only the people involved in the case. i.e. the reason the committee was sited as example. It is up to the court. If they do, I am sure it won't involve a gag of members here or the media in general, but only persons that may be involved in the case from contacting or talking to the media. That is what a gag order for a court hearing normally is, the other type of which TV seems in a panic about would require the use of the ISA or declaring military emergency law. I don't think the court can or at least hope that the court cannot do that over a single case they are hearing.

I am sure this is being miss quoted for the normal disparaging reasons because it is the Thaksin clan involved. Gee, I bet you just hate them more now and you didn't think you could.

"The gag order, if approved, will also prohibit members of the defunct Asset Examination Committee from commenting on the asset seizure."

daaa If you want people to believe it applies to everyone why would that be said? because, the order will apply to all that are involved in the case or have been involved in the past only.

Freedom of press issue :)

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Freedom of Press the Thai way?

A big :) and a red card to the court :D

huh?

This is a motion brought by the family of the defendant. The court is obligated to consider the request and make a ruling based upon its merit.

Someone mentioned it 'strange' that Thaksin's children would seek such a court order, personally I agree but it would in many ways make sense for Thaksin's ex-wife to request it. She is an interested party since she has apparently petitioned the court for some of the money, claiming it is hers and not her ex-husband's.

If Thaksin's children have made this request and they are over 20 years old, I do not see any reason for it to be approved.

Edited by jdinasia
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Gag order - well that's a shame. It's sad that governments (not just in Thailand) do not understand the importance of transparency..unless they have something to hide of course.. which again is a shame

totster :D

Well that would mean that anything previously on this forum and any future remarks until the court case will have to be removed.

What happened to the freedom of the press and freedom of speech. :D

Welcome to Thailand. :)

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The S. Court will be giving it,s decision on the 26-02-10

RE several reports of the decision already seemingly having been made....................................

Speculation is surely at fault and openly debating misleading information is not only damaging but also very dangerous, especially in the present powder keg scenario within Thailand and it,s potential to go off for the slightest excuse or reason.

Best to take a step back until it is officially announced, one way or the other.

This is what should have happened following the posting of the thread giving the impression Thaksins assets are already confiscated.

What will members debate about when the announcement is made is yet to be seen,

Surely repeatative views that have already been posted aren,t going to find there way onto a new thread.

marshbags :D:)

I,m only surprised T.Visa hasn,t been approached already re unintentional, misleading information and the debating thereof

IMHO and voiced as a concerned member of the forum.

There's so much false and/or misleading information being put out by all sides right now, I can see your point about not commenting on the issue. But, where do you draw the line in cases like this?

We all know what happens (in Thailand) when people are prevented from openly discussing issues - don't we ?

The bush telegraph is a very and I say more dangerous tool, than allowing all in sundry to voice their opinions, on forums such as this.

There are a couple of posts on this thread - yours included - which have enlightened me, as to the workings of the system and made me think about issues in regard to the sought "gag", I hadn't previously considered.

There are also some posts from some of our "less enlightened" members. But even their opinions help me and I hope others, put a more knowledgable perspective on things - as outrageous and ignorant as I think they might be. Perhaps they too read the other more informed posts and come away knowing a little more about what is going on. Put a gag on that and you'll end up with lots more ignorance than there is already.

Edited by ThomChook
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Shinawatra Siblings Seek Return of 46 Billion Baht Assets

TAN Network

UPDATE : 10 February 2010

Two children of ousted premier Thaksin Shinawatra today submitted their closing statement for the 76 Billion Baht assets seizure case against their family, insisting their own wealth of 40 Billion Baht has been built up lawfully.

Kittiporn Adulyarat, lawyer of Panthongthae and Pinthongtha Shinawatra, children of fugitive former prime minister Thaksin Shinawatra, has presented a closing statement to the Supreme Court's division for cases against political post holders for the 76 Billion Baht assets seizure case against their family.

The lawyer made 15 arguments to show the siblings had acquired 46 Billion Baht of the total assets before Thaksin held a political post and noted that they are not public officials, so their wealth could not have been built up from alleged conflicts of interest.

Kittiporn believes the evidence from his side and his attestation should carry enough weight for the trial.

He also said Panthongthae and Pinthongtha will be present at the Febuary 26 verdict reading.

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Shinawatra Siblings Seek Return of 46 Billion Baht Assets

TAN Network

UPDATE : 10 February 2010

Two children of ousted premier Thaksin Shinawatra today submitted their closing statement for the 76 Billion Baht assets seizure case against their family, insisting their own wealth of 40 Billion Baht has been built up lawfully.

Kittiporn Adulyarat, lawyer of Panthongthae and Pinthongtha Shinawatra, children of fugitive former prime minister Thaksin Shinawatra, has presented a closing statement to the Supreme Court's division for cases against political post holders for the 76 Billion Baht assets seizure case against their family.

The lawyer made 15 arguments to show the siblings had acquired 46 Billion Baht of the total assets before Thaksin held a political post and noted that they are not public officials, so their wealth could not have been built up from alleged conflicts of interest.

Kittiporn believes the evidence from his side and his attestation should carry enough weight for the trial.

He also said Panthongthae and Pinthongtha will be present at the Febuary 26 verdict reading.

ahhhhh Here it is !

This explains why they are seeking a gag order! To prevent people digging into their stories and printing it for the world to see.

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Gag order - well that's a shame. It's sad that governments (not just in Thailand) do not understand the importance of transparency..unless they have something to hide of course.. which again is a shame

totster :)

Before you say "that's a shame" - which it is - you should read who has asked for the "gag".

I think it says a lot about one man's "desire" for democracy and belief in freedom of speech.

You might even say he's "returning to type"...

How can you possibly say "it's one man's desire for democracy"! Would you please explain how a gag order connects to building and maintaining democracy?

I also see another interesting point; the arrogance of the Shin clan, they seem to still think that they are above the law, above everything, and as a clan they are entitled to some form of special treatment. Arrogance / elitism / arrogance / elitism. But wait a moment thaksin says he's fighting the elites and wants total democracy.

So much for thaksin's claim that he is the champion of democracy, and please note that democracy means (amongst other things) equal access to justice, equal application of justice, equal scrutiny, total freedom of the press, total freedom for all citizens to comment and to ask questions, etc etc etc.

Pure shin arrogance.

One more thought; well khun thaksin, I hope you are proud of how you have taken your children through hel_l, and how you have totally confused them about morals and values. Will they ever see another picture of how a civil society should work? Somehow I doubt it, what a shame!

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Shinawatra Siblings Seek Return of 46 Billion Baht Assets

TAN Network

UPDATE : 10 February 2010

Two children of ousted premier Thaksin Shinawatra today submitted their closing statement for the 76 Billion Baht assets seizure case against their family, insisting their own wealth of 40 Billion Baht has been built up lawfully.

Kittiporn Adulyarat, lawyer of Panthongthae and Pinthongtha Shinawatra, children of fugitive former prime minister Thaksin Shinawatra, has presented a closing statement to the Supreme Court's division for cases against political post holders for the 76 Billion Baht assets seizure case against their family.

The lawyer made 15 arguments to show the siblings had acquired 46 Billion Baht of the total assets before Thaksin held a political post and noted that they are not public officials, so their wealth could not have been built up from alleged conflicts of interest.

Kittiporn believes the evidence from his side and his attestation should carry enough weight for the trial.

He also said Panthongthae and Pinthongtha will be present at the Febuary 26 verdict reading.

ahhhhh Here it is !

This explains why they are seeking a gag order! To prevent people digging into their stories and printing it for the world to see.

Yep. Ditto.

And the lost face and questions from friends.

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ThomChook

The gag order is being sought by two individuals who are defendants in a civil court law suit. The gag order is not about limiting information, it is about limiting speculation on the final verdict.

There is no reason that the media can not report on the case, maybe even give some interesting valuable information to the public.

Without speculating on the verdict, the press can inform the public on the possible verdicts and how they could have some effect, particularly on the telecommunications sector within the country.

A verdict which finds that Government policy was only introduced to benefit Shin Corp, will result in considerable pressure to have many, if not all Government resolutions on the telcom sector during the 2001 - 2006 period made void. After all you cannot say that a policy can be kept, when a court has decided that it was introduced without benefit to the general public, or even to the detriment of the state.

That could well result in considerable price increases, particularly in the pre-paid phone market, and roaming services between operators.

There is also real fears regarding the future viability of Thaicom (Thailands Satelite system). If a guilty verdict is made, then the Government may have no other option than to revoke the concession. (Thaicom is already attempting to sell the concession, but with it losing money and possible future penalties, even if the concession is not revoked, Thaicom may have no option than to forfeit the final 5 years. This will effect Thailands future Satelite program and in particular Thaicom 6.

This case is considerably more important than just Thaksin Shinawatra. There are a total of 22 defendants in this case.

And don't forget, if the full 76 billion baht is seized, 19 billion baht is due to be paid out in rewards to individuals who made the seizure possible. This is covered by law (Section 30 of the NCCC act). A lot of people (not only the defendants) have a vested interest in the outcome of this case.

Just my thoughts....

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Gag order - well that's a shame. It's sad that governments (not just in Thailand) do not understand the importance of transparency..unless they have something to hide of course.. which again is a shame

totster :)

It looks like it's only referring to speculation so won't affect reporting of the eventual decision.

Not sure why they want it though.

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Gag order - well that's a shame. It's sad that governments (not just in Thailand) do not understand the importance of transparency..unless they have something to hide of course.. which again is a shame

totster :)

Before you say "that's a shame" - which it is - you should read who has asked for the "gag".

I think it says a lot about one man's "desire" for democracy and belief in freedom of speech.

You might even say he's "returning to type"...

How can you possibly say "it's one man's desire for democracy"! Would you please explain how a gag order connects to building and maintaining democracy?

I also see another interesting point; the arrogance of the Shin clan, they seem to still think that they are above the law, above everything, and as a clan they are entitled to some form of special treatment. Arrogance / elitism / arrogance / elitism. But wait a moment thaksin says he's fighting the elites and wants total democracy.

So much for thaksin's claim that he is the champion of democracy, and please note that democracy means (amongst other things) equal access to justice, equal application of justice, equal scrutiny, total freedom of the press, total freedom for all citizens to comment and to ask questions, etc etc etc.

Pure shin arrogance.

One more thought; well khun thaksin, I hope you are proud of how you have taken your children through hel_l, and how you have totally confused them about morals and values. Will they ever see another picture of how a civil society should work? Somehow I doubt it, what a shame!

I usually find myself agreeing with you but not this time.

The defendants have a right to ask for this. It is up to the courts to decide if it is proper to give or not

.

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Gag order - well that's a shame. It's sad that governments (not just in Thailand) do not understand the importance of transparency..unless they have something to hide of course.. which again is a shame

totster :)

Before you say "that's a shame" - which it is - you should read who has asked for the "gag".

I think it says a lot about one man's "desire" for democracy and belief in freedom of speech.

You might even say he's "returning to type"...

How can you possibly say "it's one man's desire for democracy"! Would you please explain how a gag order connects to building and maintaining democracy?

I also see another interesting point; the arrogance of the Shin clan, they seem to still think that they are above the law, above everything, and as a clan they are entitled to some form of special treatment. Arrogance / elitism / arrogance / elitism. But wait a moment thaksin says he's fighting the elites and wants total democracy.

So much for thaksin's claim that he is the champion of democracy, and please note that democracy means (amongst other things) equal access to justice, equal application of justice, equal scrutiny, total freedom of the press, total freedom for all citizens to comment and to ask questions, etc etc etc.

Pure shin arrogance.

One more thought; well khun thaksin, I hope you are proud of how you have taken your children through hel_l, and how you have totally confused them about morals and values. Will they ever see another picture of how a civil society should work? Somehow I doubt it, what a shame!

I usually find myself agreeing with you but not this time.

The defendants have a right to ask for this. It is up to the courts to decide if it is proper to give or not

.

I respect your opinion. Can I ask why you see a valid reasoning for the children to ask for a gag order?

I'm guessing you mean that anybody (rich or poor) can request a gag order. Is that part of what you are meaning, and is it actually provided for in the justive processes, and is it reality that a poor person's request for a gag order would be listened to?

Or are we in fact seeing another double standards example?

Edited by scorecard
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Gag order - well that's a shame. It's sad that governments (not just in Thailand) do not understand the importance of transparency..unless they have something to hide of course.. which again is a shame

totster :)

Before you say "that's a shame" - which it is - you should read who has asked for the "gag".

I think it says a lot about one man's "desire" for democracy and belief in freedom of speech.

You might even say he's "returning to type"...

How can you possibly say "it's one man's desire for democracy"! Would you please explain how a gag order connects to building and maintaining democracy?

I also see another interesting point; the arrogance of the Shin clan, they seem to still think that they are above the law, above everything, and as a clan they are entitled to some form of special treatment. Arrogance / elitism / arrogance / elitism. But wait a moment thaksin says he's fighting the elites and wants total democracy.

So much for thaksin's claim that he is the champion of democracy, and please note that democracy means (amongst other things) equal access to justice, equal application of justice, equal scrutiny, total freedom of the press, total freedom for all citizens to comment and to ask questions, etc etc etc.

Pure shin arrogance.

One more thought; well khun thaksin, I hope you are proud of how you have taken your children through hel_l, and how you have totally confused them about morals and values. Will they ever see another picture of how a civil society should work? Somehow I doubt it, what a shame!

I usually find myself agreeing with you but not this time.

The defendants have a right to ask for this. It is up to the courts to decide if it is proper to give or not

.

I agree that his children have the right to ask for anything they want. They can ask for a backrub and a tickle with a side order of world peace. Does not mean they will get it. As has been said earlier, let's hope the courts will adjudicate wisely. This could most certainly prove to be a blow to this constitutional monarchy. I will not ne surprised if the courts rule in favor of the Shinawatra's. Just a quick glance over to the USA will tell you that politicians will be, well, politicians. Liars, the lot of them, all of them. Republicans, democrats, right wingers, left wingers, conservatives, liberals, reds, yellows. The biggest untruth that has been foisted upon the people is that there is a difference in their moral fabric. Ther are is no such difference. It is illusory at best. Remember, it is only their agendas that make them different. They must think it rather amuzing as they recline in situ and watch our verbal rants over what is tantamount to the same lack of political morality. I am not saying some regimes are not more tainted than others, so please don't lambast me. I am also referring more to US politics, of which I am better acquainted with.

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To be honest, in the interests of ensuring total justice is seen to be done I believe a gagging order is entirely appropriate. They happen all the time in the UK and nobody makes a fuss about democracy. The last thing Thailand needs is Thaksin finding any excuse to show a legal technicality may have cost him his assets. It could be shown that it was impossible for the judge to remain totally impartial if the story fills every news channel and news paper. Furthermore, the media reports are already inciting red shirt violence, so if a gag stops one member of the public from being hurt then it is worth it. We will all find out at the end of the month. Also, as much as we may hate to admit it, it is Thaksin on trial, not his children, for whom I imagine life is pretty difficult right now. Gag away i say.

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To be honest, in the interests of ensuring total justice is seen to be done I believe a gagging order is entirely appropriate. They happen all the time in the UK and nobody makes a fuss about democracy. The last thing Thailand needs is Thaksin finding any excuse to show a legal technicality may have cost him his assets. It could be shown that it was impossible for the judge to remain totally impartial if the story fills every news channel and news paper. Furthermore, the media reports are already inciting red shirt violence, so if a gag stops one member of the public from being hurt then it is worth it. We will all find out at the end of the month. Also, as much as we may hate to admit it, it is Thaksin on trial, not his children, for whom I imagine life is pretty difficult right now. Gag away i say.

Add to the impossibility of judicial impartiality the same improbability of media impartiality. Impartial media coverage of political events? Don't think so. One could just look at the political leanings of CNN, MSNBC, FOX and the BBC.

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[quote name='jdinasia' post='3332211' date='2010-02-10 20:30:49'

I respect your opinion. Can I ask why you see a valid reasoning for the children to ask for a gag order?

I'm guessing you mean that anybody (rich or poor) can request a gag order. Is that part of what you are meaning, and is it actually provided for in the justive processes, and is it reality that a poor person's request for a gag order would be listened to?

Or are we in fact seeing another double standards example?

Oh, don't get me wrong ... I do NOT think it should be approved! I just think it is improper to cry about a defendant exercising their rights.

No, I do not think that the relative net-worth of a defendant is the issue. Gag orders are usually only approved in limited ways and either to protect the legal process itself or to protect victims etc. They (in most places) must meet the burden that approving a gag order does more benefit than harm. Harm usually being to the freedom of the press or transparency in the government (freedom of information).

Sorry Tigs I disagree --- in a case with this much significance I think it is vital to have as much information as possible open to public scrutiny. People are still crying that Thaksin got screwed over in the ratchada land case --- and that was so cut and dryed that any other verdict would have been shocking. (Was the case politically motivated? probably! Does that change Thaksin's guilt one iota? Nope!) You know how to avoid politically motivated convictions? Don't be guilty!

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Well one reason this came up is the lead prosecutor stated publicly

he planned to try and take everything. And that got lots of press and speculations.

I can agree with jdniasia; yes that have a right to ask for this gag order.

But I also agree that it is diametrically opposed to all the posturing that

Thaksin has been at with the Red Shirts and attempts to rebrand his

street riot army thugs into a mostly female democracy movement.

But it is pure Thaksin too.

This guy has tried to stifle ALL critique of himself and his business using all means at his disposal,

and often those of the state apparatus, and the whole point of this trial is that

he used state apparatus to further his aims and clan fortunes.

it is only fair that that same apparatus can be used to show up his deceptions,

and that it be an transparent and open process in the INVERSE of how he tried to do things.

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really, who bothers about the media speculations - they are there to sell more copies/sell more advertising time, so everything they write/broadcast has to be taken with a pinch of salt or just outright ignored

Given that main-stream media is a business and has to make a profit ... with your logic I guess you never trust anything any media has to say. Does this mean you never read or listen to the news?

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Freedom of Press the Thai way?

A big :) and a red card to the court :D

They do it in America now. They remove cameras from court for trials. They barred pics of flag draped coffins of our fallen heroes being returned from Iraq. They said it was to protect the families but the families wanted us to honor their sacrifice. It was just so we didn't see the true cost of a BS war.

Odd if it is Taksins who want the gag. There were just be a pent up explosion of coverage afterward. The info starvation will feed that fire. Why would Thais cow to Taksin demands? The government must be worried about chaos. Will there be open record following or will we assume there are current officials with something to hide?

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I doubt whether any media speculation would influence the judges in the case but perhaps the government should have a look at where the finances of the children of Thaksin came from if they can afford to petition the supreme court. I don't think that it would be cheap to take this type of action

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I doubt whether any media speculation would influence the judges in the case but perhaps the government should have a look at where the finances of the children of Thaksin came from if they can afford to petition the supreme court. I don't think that it would be cheap to take this type of action

ummm they have lawyers (some of the best) ... they have money ..... a claim for almost 50 BILLION Baht ....

But what does it cost to file a motion with the court in which you are a defendant/plaintif? Priceless --- (nothing)

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Freedom of Press the Thai way?

A big :) and a red card to the court :D

They do it in America now. They remove cameras from court for trials. They barred pics of flag draped coffins of our fallen heroes being returned from Iraq. They said it was to protect the families but the families wanted us to honor their sacrifice. It was just so we didn't see the true cost of a BS war.

Odd if it is Taksins who want the gag. There were just be a pent up explosion of coverage afterward. The info starvation will feed that fire. Why would Thais cow to Taksin demands? The government must be worried about chaos. Will there be open record following or will we assume there are current officials with something to hide?

they even jailed some reporter without seeing any court for reporting the wrong things.....I think these days a reuter report got released after 1.5 years.

So the ban for a few days is not such a big problem

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Think about this, sorry if somebody already mentioned this aspect of the Topic, it would be HARD to find a new point of view or different speculation that is NOT already Posted in Thai Visa about the outcome of the court case.

They would have to order an audit of dozens of Topics and hundred of Posts to eradicate all past discussion of the Issue!

Somebody better get the Hi Lite pen out!!!!

***Regardless of the outcome of the court case, and regardless if Thaksin dies of a heart attack, or not, my research into the red movement reveals, in my opinion, it has reached 'critical mass' and is unstoppable under the present political set up in Thailand.

Remember thinking it will happen is not the same as hoping it will happen. It would just replace one family of crocodiles in the swamp with another set.

*** Let's put stars by the comments that will have to purged, to make it easier on the TV moderators, what say?

I have a wonderful plan that both sides agree with. Many Thais, reds, yellows and whites showed great acceptance of my ideas and emotion. Some even got teary eyed as I described the plan. <This is absolutely true.

The aboriginals of NA had the death penalty and I endeavor to live by that standard, even though dishonesty is 'wrongly' viewed as 'virtue' by politicians, lawyers, new people and educators. It HARD to be honest in this World.

My Plan is partly based on the 6 Nations system of democracy, only partly. There are elements which recognize the cultural and historical aspects of Thai Society.

I have recently read that Benjamin Franklin adopted elements of the oldest, 800 years, and most successful democratic system in World history.

he could have attained real genius status if the adopted the whole system of the 6 Nations.

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[quote name=jdinasia' post='3332211' date='2010-02-10 20:30:49'

I respect your opinion. Can I ask why you see a valid reasoning for the children to ask for a gag order?

I'm guessing you mean that anybody (rich or poor) can request a gag order. Is that part of what you are meaning, and is it actually provided for in the justive processes, and is it reality that a poor person's request for a gag order would be listened to?

Or are we in fact seeing another double standards example?

Oh, don't get me wrong ... I do NOT think it should be approved! I just think it is improper to cry about a defendant exercising their rights.

No, I do not think that the relative net-worth of a defendant is the issue. Gag orders are usually only approved in limited ways and either to protect the legal process itself or to protect victims etc. They (in most places) must meet the burden that approving a gag order does more benefit than harm. Harm usually being to the freedom of the press or transparency in the government (freedom of information).

Sorry Tigs I disagree --- in a case with this much significance I think it is vital to have as much information as possible open to public scrutiny. People are still crying that Thaksin got screwed over in the ratchada land case --- and that was so cut and dryed that any other verdict would have been shocking. (Was the case politically motivated? probably! Does that change Thaksin's guilt one iota? Nope!) You know how to avoid politically motivated convictions? Don't be guilty!

Indeed, this is more Thaksin intimidation of the media and the courts for entirely personal reasons. The overwhelming consensus is that Thaksin will lose his loot. Discussion therefore of the how, when, why, who-all and the what are detrimental to Thaksin. He wants it stopped. Sending his childredn forward is but another cynical maneouver by Thaksin to front for his interests.

Yes, gag orders are issued in the UK (almost willy-nilly) and are issued in the US on occasion but often reversed (cancelled) on appeal. See link:

http://www.rcfp.org/newsitems/index.php?i=9850

........in respect to the Patriot Act of George W. Bush and the Republican controlled Congress of the time.

Freedom of the press is strong and alive in Thailand where a convicted fugitive former PM who was acting interim PM when he was deposed can blanket the country with his subversive publications and broadcast media. Remarkably so (perhaps suicidally so). The guy is free to publish and broadcast to overthrow the government and himself seize power. This is Amazing Thailand style freedom of speech, i.e., OTT freedom of speech.

Somebody has to gag Thaksin and gag him good.

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Okay, this thread has now about 60 responses. 60 responses to an announcement in which ThaiVisa somehow thinks it is the only news source to this story. So much so that IF a gag order is given they won't be able to report and we should follow up on twitter or facebook. This was nothing more than advertising for their links to facebook and twitter. Does anyone really care about the endless speculation on what the courts final judgement will be. Let's just wait and see what the ruling is when they give it. Then everyone can put in their two cents worth of opinion.

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