Australian Businesswoman Arrested In Thailand For Criminal Defamation

[animatic]

The only thing more corrupt than Thai officials is people like this Malysian dude who is permitted to do business there. Wow, just wow on their criminal statue. That sucker would be struck down as ambiguous and overly broad in any US state and sent back to the legislature to try again. I guess Thai lawyers, Thai judges or just Thai law schools in genetal missed out on a basic constitutional law type of class. We in the civilized world take forgranted the protections we are afforded in some circumstances. A complete travesty that a business man, who us perhaps the inly ctminal of the two invilved, can do this with the blessing of Thai law to someone based on the concern that she will expose his fraudulent practices to potential investors when she is performing due diligence for those investors.

It will all workout in the end, but I doubt she will go back to Thailand anytime soon and Investors thinking if pumping money into Thailand should thunk twice about that investment.

This is the board of Directors.

Certainly interesting reading the web of connections.

http://www.tongkahharbour.com/tongkah/about_boardofdirector.html

1. Mr. Wichai Cherdshewasart

Chairman of the Board of Directors and Independent Director

2. Mr. SukhapongPalagawong Na Ayudhya

Managing Director and Chairman of the Executive Board

2. Mr. Ronald Ng Wai Choi

Director

4. Mr. Sumed Wattarungsun

Chairman of the Audit Committee and Independent director

5. Mr. Bundit Sangsareethum

Executive Director

6.. Mr. Pramote Bansit

Director

7. Mr. Reywat Floro

Independent Director

8. Mr. Sutthichai Sungkarmanee

Director (Representative from Ministry of Finance)

9. Mr. Thanaphum Datavandamrong

Independent Director and member of the Audit Committe

10. Mrs. Charunee Tiensai

Independent director and member of the Audit Committe

11. Ms. Wijit Jiemwitkul

Executive Director

12.

Dr. John Peter Mills

Director

[chooka]

Thai Prime Minister Yingluck Shinawatra, who is currently visiting Australia, is reportedly due to hold a press conference in Sydney today, where she will address the matter.

Read more:

http://www.brisbanet...l#ixzz1wDgnVsyZ

I hope the reporters give her a grilling trying to explain away this ridiculous law.

Well she is in Australia facing Australian reporters where she is not protected by the restrictions she would have in Thailand. The Australian reporters will not be arrested for defamation if they ask a sticky question or put forward a certain allegation.

[Thai at Heart]

The only thing more corrupt than Thai officials is people like this Malysian dude who is permitted to do business there. Wow, just wow on their criminal statue. That sucker would be struck down as ambiguous and overly broad in any US state and sent back to the legislature to try again. I guess Thai lawyers, Thai judges or just Thai law schools in genetal missed out on a basic constitutional law type of class. We in the civilized world take forgranted the protections we are afforded in some circumstances. A complete travesty that a business man, who us perhaps the inly ctminal of the two invilved, can do this with the blessing of Thai law to someone based on the concern that she will expose his fraudulent practices to potential investors when she is performing due diligence for those investors.

It will all workout in the end, but I doubt she will go back to Thailand anytime soon and Investors thinking if pumping money into Thailand should thunk twice about that investment.

This is the board of Directors.

Certainly interesting reading the web of connections.

http://www.tongkahha...ofdirector.html

1. Mr. Wichai Cherdshewasart

Chairman of the Board of Directors and Independent Director

2. Mr. SukhapongPalagawong Na Ayudhya

Managing Director and Chairman of the Executive Board

2. Mr. Ronald Ng Wai Choi

Director

4. Mr. Sumed Wattarungsun

Chairman of the Audit Committee and Independent director

5. Mr. Bundit Sangsareethum

Executive Director

6.. Mr. Pramote Bansit

Director

7. Mr. Reywat Floro

Independent Director

8. Mr. Sutthichai Sungkarmanee

Director (Representative from Ministry of Finance)

9. Mr. Thanaphum Datavandamrong

Independent Director and member of the Audit Committe

10. Mrs. Charunee Tiensai

Independent director and member of the Audit Committe

11. Ms. Wijit Jiemwitkul

Executive Director

12.

Dr. John Peter Mills

Director

Very diplomatically put.......

[Thai at Heart]

Thai Prime Minister Yingluck Shinawatra, who is currently visiting Australia, is reportedly due to hold a press conference in Sydney today, where she will address the matter.

Read more:

http://www.brisbanet...l#ixzz1wDgnVsyZ

I hope the reporters give her a grilling trying to explain away this ridiculous law.

Well she is in Australia facing Australian reporters where she is not protected by the restrictions she would have in Thailand. The Australian reporters will not be arrested for defamation if they ask a sticky question or put forward a certain allegation.

She can always state that "it isn't my responsibility to comment on individual aspects of a case". I.e. No REAL comment.

It isn't common for newspaper reporters to "grill" overseas Prime Ministers. Not quite the done thing is it now.

[animatic]

Thai Prime Minister Yingluck Shinawatra, who is currently visiting Australia, is reportedly due to hold a press conference in Sydney today, where she will address the matter.

Read more:

http://www.brisbanet...l#ixzz1wDgnVsyZ

I hope the reporters give her a grilling trying to explain away this ridiculous law.

Well she is in Australia facing Australian reporters where she is not protected by the restrictions she would have in Thailand. The Australian reporters will not be arrested for defamation if they ask a sticky question or put forward a certain allegation.

They also will not take a "NO" sign put in their face as a refusal to answer a question.

And might have a tendance to keep asking an unanswered question repeatedly,

even if the weren't the first to ask it. Like sharks smelling blood in the water.

[Buchholz]

It will all workout in the end, but I doubt she will go back to Thailand anytime soon

She has to actually leave Thailand first before deciding to go back.

That could be 12 months from now.

and Investors thinking if pumping money into Thailand should thunk twice about that investment.

Agreed.

This event confirms thinking about investing might even warrant doing so thrice.

.

[w11guy]

A good reminder to all that the laws on defamation of character and slander in Thailand are NOT the same as in Austrailia.

This is Thailand and you can not pubicaly say certain things as perhaps you could in Austrailia.

I don't know the details of this particular case....but just remember....the laws in Thailand are different.

So don't open your month and stick you're foot in it.

Too late for that. Just have a read of the many post of thaivisa. I bet that many could be considered libelous. One day we'll have a thaivisa member facing such charges.

[Thai at Heart]

A good reminder to all that the laws on defamation of character and slander in Thailand are NOT the same as in Austrailia.

This is Thailand and you can not pubicaly say certain things as perhaps you could in Austrailia.

I don't know the details of this particular case....but just remember....the laws in Thailand are different.

So don't open your month and stick you're foot in it.

Too late for that. Just have a read of the many post of thaivisa. I bet that many could be considered libelous. One day we'll have a thaivisa member facing such charges.

I am amazed it hasn't happened yet.

[animatic]

A good reminder to all that the laws on defamation of character and slander in Thailand are NOT the same as in Austrailia.

This is Thailand and you can not pubicaly say certain things as perhaps you could in Austrailia.

I don't know the details of this particular case....but just remember....the laws in Thailand are different.

So don't open your month and stick you're foot in it.

Too late for that. Just have a read of the many post of thaivisa. I bet that many could be considered libelous. One day we'll have a thaivisa member facing such charges.

I am amazed it hasn't happened yet.

"Diplomacy", and the legal niceties that the 'print press' must endure,

on TVF is a rare bird in most instances.

Edited May 29, 2012 by animatic

[TomTao]

Why should Thailand be concerned about a Malaysian Business Man. Malaysia certainly didn't help capture Thaksin when everyone was in hot persuit. They just let him stay there and be on his merry way.

It may be because he was the former director of Thai Gold, and that former position probably still gives him some influence with his contacts within Thailand, money talks.

[Javabear]

He probably tried to get into her pants and she told him to bugger off. He got his little feelings hurt and now we have what we have.

[Scott]

Posts deleted, including one about the PM that is not relevant to this thread.

Please exercise care in your posts about Thai courts and Thai laws.

Please stay on-topic.

[softgeorge]

My money is on that these charges will be dropped especially as Miss Yingluk is currently in Australia trying to encourage investment and Australian business in Thailand. Had it of been another time then the charges may stay. The timing is not good at the moment. A political hot potatoe that will be dropped faster than a rat up an aquaduct.

Edited May 29, 2012 by softgeorge

[TheyCallmeScooter]

"If you don't have anything nice to say, then don't say anything at all."

"Hear no evil, see no evil, speak no evil."

"If you are going to tell people the truth you had better make them laugh, otherwise they'll kill you."

"Think Positive: When thinking accurately won't do."

"White lies: they don't matter, which is why they're told."

"Polite Society: because telling the truth is rude."

"To never offend; say nothing, do nothing, be nothing."

"Silence is golden."

"Diplomacy: Lying for peace."

"Small Talk: Lying to be cordial."

We live in the creepiest world imaginable, so you can't say she wasn't adequately warned.

[animatic]

My money is on that these charges will be dropped especially as Miss Yingluk is currently in Australia trying to encourage investment and Australian business in Thailand. Had it of been another time then the charges may stay. The timing is not good at the moment. A political hot potatoe that will be dropped faster than a rat up an aquaduct.

Indeed incredibly bad timing. Or intentional timing.

If it isn't dropped, it might be an indication of the behind the scenes clout of the complainants in upper echelon Thai circles. Or a shot across the bows of her government and it's aims. ie. Playball with us too, or we will make life even more difficult.

Edited May 29, 2012 by animatic

[pipo1000]

Why should Thailand be concerned about a Malaysian Business Man. Malaysia certainly didn't help capture Thaksin when everyone was in hot persuit. They just let him stay there and be on his merry way.

I guess this is the governments way to say thank you for not capturing big brother.

[BigJohnnyBKK]

Just another example of the dangers of investing your time and energy in business here, can all go up in a puff of smoke at the arbitrary whim of someone more connected than you.

Due diligence is indeed dangerous, and negotiations cannot take place using direct clear communications.

In theory can learn to do business the Thai way, in reality it's not worth figuring it out, make your money elsewhere and then come here to spend it.

[Time Traveller]

Well his company is a big league mining company with a large seabed exploration division.

Mining and seabed exploration are well known not to be environmentally friendly.

To make them so, is much more expensive, and to some minds distorts the price at market to a disadvantage.

http://www.tongkahha...ut_history.html

1980: Shareholding was restructured to become predominantly Thai in response to the Thai government’s policy of encouraging domestic investment in the mining industry. On being registered in Thailand, the Company was renamed “Tongkah Harbour Ltd.”

1990: With the collapse of the tin market in the mid 80’s, the Company diversified into gold and base metal exploration in 1990, and property development in Bangkok where it undertook the construction of “Tongkah Tower”, now known as the “True Tower”.

It may have one Malaysia Director, but it is primarily Thai, and well connected.

True Tower.... any connection to Truevision, True Telecom, etc? hhmmm.

2005: The Company accumulated 83.7 % of Sea Minerals Limited (SML) which has subsequently filed mining leases over 50,000 rai (8,000 hectares) to mine an off-shore deposit in the Andaman Sea where evaluations based on some 1200 drill holes indicate resources of over 50,000 tons of tin in the area.

2007: The Company controls 99.99% of SML which has proven reserves of some 60,000 tons of tin ore (72% Sn) at a cut off grade of 0.10kg/cubic meterNow

2009: Currently, the Company is focused on flotation plant construction at its Loei gold mining operation and commissioning the facility for full operation and production. Meanwhile, exploration for more ore in the concession area is ongoing with recent drilling at Target T-1 indicating increases in sulfide ore resources. THL will also be pursuing licensing for its offshore tin ore resources in the Andaman Sea, and will be monitoring development prospects for its landbank holdings in Bangkok and Phuket. The company will also continue to monitor and following upon, any exploration and development prospects in Thailand and neighboring countries.

Extremely well connected company, and in 'a businesses type at loggerheads with most environmental groups, and fishing companies', etc. Underwater mining as a basic concept... hard to keep those toxic byproducts out of the surrounding seawater, and the fisheries that are there.

Not hard to see where saying the wrong thing 'in good conscience' in a private meeting, might easily make these guys more than a little defensive. Is 'Due Dilligence' encouraged in Thailands business circles? If they have the 'True' mind set that is used on DTAC and the CAT concessions business, this legal attack may not be a surprise.

Maybe far too much money and face to be lost here,

so maybe a good defense is an agressive silencing offense?

Based on their website info it could be speculated that not every investor is prepared to invest in this type of business, and not every analyst will recommend getting involved in this type of business. Maybe something of the sort was said directly in the face of said Former Director?

60,000 tons of tin ore. That doesn't sound like a "big league" mining company.

[OzMick]

What's shocking is that the Thais acted on this charge to "arrest" her rather than defer it to a civil process. Amazing at risk Thailand.

Thailand is not the same as many/most other countries, defamation/libel can be a criminal case.

Criminal Defamation

Defamation as a criminal act in Thailand is defined by the Thai Criminal Code as a statement made by a person who imputes anything to another in a manner which is likely to impair the reputation of the latter or to expose him to hatred or contempt. Under the same Code, such person is liable for an imprisonment up to two years or he can be ordered by the court to pay a fine of 200,000 Baht or may be both.

thailandlaw

However:

Civil defamation in Thailand is defined under the Thai Civil and Commercial Code as a statement made contrary to the truth which is asserted or circulated as a fact which is injurious to the reputation or credit of another or his earnings or prosperity in any other manner.

You will notice that Criminal Defamation does not include the phrase "contrary to the truth" yet is the more serious offence. Hence my post #2

You might check the fist lines in link in the link provided:

Defamation In Thailand

Defamation in Thailand is defined as a false statement that is generally classified as intentional and harmful and made by a person against another whether orally or in writing.

or simply look up the word defamation.

Well you go and tell the truth about any hi-so that they don't want revealed, and see what happens. How do you prove the truth of your statement - witnesses that get Chalermed, photographs that are denied as photoshopped?

Why don't you look up the definition of perjury, then compare it to that supplied by the head of the DSI.

[phiphidon]

Thai Prime Minister Yingluck Shinawatra, who is currently visiting Australia, is reportedly due to hold a press conference in Sydney today, where she will address the matter.

Read more:

http://www.brisbanet...l#ixzz1wDgnVsyZ

I hope the reporters give her a grilling trying to explain away this ridiculous law.

So you take Yingluck to task to explain this, to you, "ridiculous" law to the Australians when it has been on the law books since 1957? Any other old laws you'd like her to take responsibility for?

[Thai at Heart]

Thai Prime Minister Yingluck Shinawatra, who is currently visiting Australia, is reportedly due to hold a press conference in Sydney today, where she will address the matter.

Read more:

http://www.brisbanet...l#ixzz1wDgnVsyZ

I hope the reporters give her a grilling trying to explain away this ridiculous law.

So you take Yingluck to task to explain this, to you, "ridiculous" law to the Australians when it has been on the law books since 1957? Any other old laws you'd like her to take responsibility for?

As the current PM of the country, with a majority, her government is largely free to write any law it likes.

It would be interesting if she even dares to mention whether she agrees with the law or not. Criminal defamation in Thailand has been held up to international scrutiny for many years. I wonder what her views of it are. After all, she is only the PM. The law has far more far reaching implications that business discussions.

[TheyCallmeScooter]

So you take Yingluck to task to explain this, to you, "ridiculous" law to the Australians when it has been on the law books since 1957? Any other old laws you'd like her to take responsibility for?

Yes. All of them.

[OzMick]

Thai Prime Minister Yingluck Shinawatra, who is currently visiting Australia, is reportedly due to hold a press conference in Sydney today, where she will address the matter.

Read more:

http://www.brisbanet...l#ixzz1wDgnVsyZ

I hope the reporters give her a grilling trying to explain away this ridiculous law.

So you take Yingluck to task to explain this, to you, "ridiculous" law to the Australians when it has been on the law books since 1957? Any other old laws you'd like her to take responsibility for?

the problem is that the Oz press is well aware that her brother used this law to muzzle the press in Thailand, and were not amused.

[Buchholz]

Well you go and tell the truth about any hi-so that they don't want revealed, and see what happens. How do you prove the truth of your statement - witnesses that get Chalermed, photographs that are denied as photoshopped?

Why don't you look up the definition of perjury, then compare it to that supplied by the head of the DSI.

Chalerm as a verb...

.

[tfc]

So that time when I was having a 3 some with two hookers, pulled down my pants and they started laughing and pointing...can I get them charged with defamation? My reputation here has been ruined it was just a cold day that's all.

[Sayonarax]

Like Pen and Teller say, what a bunch of bullshit.

[Buchholz]

I hope the reporters give her a grilling trying to explain away this ridiculous law.

So you take Yingluck to task to explain this, to you, "ridiculous" law to the Australians when it has been on the law books since 1957? Any other old laws you'd like her to take responsibility for?

As the current PM of the country, with a majority, her government is largely free to write any law it likes.

It would be interesting if she even dares to mention whether she agrees with the law or not. Criminal defamation in Thailand has been held up to international scrutiny for many years. I wonder what her views of it are. After all, she is only the PM. The law has far more far reaching implications that business discussions.

it certainly does,

JUST before this arrest news broke,

Australian business told to look to Asia

May 27, 2012

The Australian-Thai Chamber of Commerce has called on Australian business to better prepare for economic integration in Asia. The call from its spokesman Mark Carroll comes as Thai Prime Minister Yingluck Shinawatra arrives for a three-day official visit to boost bilateral trade and investment.

Mr Carroll says if Australian business wants to grow, or even just survive, it needs to look offshore.

He says Thailand offers Australian businesses some incredible advantages.

http://wap.news.bigp...sia_754406.html

*missing:

.... and a pallet-load of some incredible disadvantages*

[Reasonableman]

"incredible" seemed accurate enough

incredible (vs. credible), unbelievable

astounding, dumbfounding, fabulous, improbable, marvellous, undreamt of, unimagined

Also See: implausible#1; incredulous#1; unconvincing#1, flimsy#2; unthinkable#1

Edited May 29, 2012 by Reasonableman

[Thai at Heart]

I hope the reporters give her a grilling trying to explain away this ridiculous law.

So you take Yingluck to task to explain this, to you, "ridiculous" law to the Australians when it has been on the law books since 1957? Any other old laws you'd like her to take responsibility for?

As the current PM of the country, with a majority, her government is largely free to write any law it likes.

It would be interesting if she even dares to mention whether she agrees with the law or not. Criminal defamation in Thailand has been held up to international scrutiny for many years. I wonder what her views of it are. After all, she is only the PM. The law has far more far reaching implications that business discussions.

it certainly does,

JUST before this arrest news broke,

Australian business told to look to Asia

May 27, 2012

The Australian-Thai Chamber of Commerce has called on Australian business to better prepare for economic integration in Asia. The call from its spokesman Mark Carroll comes as Thai Prime Minister Yingluck Shinawatra arrives for a three-day official visit to boost bilateral trade and investment.

Mr Carroll says if Australian business wants to grow, or even just survive, it needs to look offshore.

He says Thailand offers Australian businesses some incredible advantages.

http://wap.news.bigp...sia_754406.html

*missing:

.... and a pallet-load of some incredible disadvantages*

Just shut up and pay up, seems to be the situation. I will watch with interest what YS has to say about this story. I really hope they don't let her off the hook too easily.

[softgeorge]

I hope the reporters give her a grilling trying to explain away this ridiculous law.

So you take Yingluck to task to explain this, to you, "ridiculous" law to the Australians when it has been on the law books since 1957? Any other old laws you'd like her to take responsibility for?

As the current PM of the country, with a majority, her government is largely free to write any law it likes.

It would be interesting if she even dares to mention whether she agrees with the law or not. Criminal defamation in Thailand has been held up to international scrutiny for many years. I wonder what her views of it are. After all, she is only the PM. The law has far more far reaching implications that business discussions.

it certainly does,

JUST before this arrest news broke,

Australian business told to look to Asia

May 27, 2012

The Australian-Thai Chamber of Commerce has called on Australian business to better prepare for economic integration in Asia. The call from its spokesman Mark Carroll comes as Thai Prime Minister Yingluck Shinawatra arrives for a three-day official visit to boost bilateral trade and investment.

Mr Carroll says if Australian business wants to grow, or even just survive, it needs to look offshore.

He says Thailand offers Australian businesses some incredible advantages.

http://wap.news.bigp...sia_754406.html

*missing:

.... and a pallet-load of some incredible disadvantages*

I think the disadvantages are if you try to compete with Thai businesses then the Dept of Dirty Deeds will move in and shut you down. Invest your money but under no circumstances attempt to grow your business in Thailand or else. Bypass Thailand alltogether and look at other S/E Asian countries like Burma. There just may be a bright future for business over the border.

Edited May 29, 2012 by softgeorge