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Australian Businesswoman Arrested In Thailand For Criminal Defamation


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A sheila in trouble?

A perfect example why the two lady PMs had to get together. I'm told that in Australia there are women who are called Sheila, but women are no longer Sheilas. If I understood an Ozzie block correctly you can get a government sponsored re-education when a female accuses you of 'sheila harassment' and the judge agrees rolleyes.gif

And I bet the sheila can call a bloke any thing she wants with no fear.

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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.

I don't doubt you but when I looked at this link, it made no mention of her addressing this matter at a press conference

Just to be clear, I have no idea what she did or planned to speak about. I just cut and pasted a line from the news link which automatically added the Read More link at the bottom. I assumed (apparently incorrectly) they knew what they were talking about and that the content of the page wouldn't change dramatically as it has.

Edited by Nisa
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So typical about the face aspect of life in SEA. It will all come to naught and the charges will be dropped in time, but only after she has had the crap scared out of her to shut her up. The truth will only come out once she is back in Australia where she is beyond the reach of the Thai "authorities".

The tape is inadmissible as evidence because the taping was done secretly.

The hi-so Thai that brought the charges won't divulge what was said as it was obviously derogatory.

No tape + no witness willing to testify = his word against her's = no case.

Some reasonable inference and supposition based on the above:

She wasn't the real target anyway, her boss was, but she was the one they could lay hands on.

And this only days after an 'Extraordinary General Meeting, EGM, of Shareholders' was publicly called to remove certain directors.

I suspect certain parties may think they can keep their jobs/profits/stipends/good names, if certain others are possibly scared into silence, between now and June 22nd.

No doubt after her probable scare, she is on bail and parked in a seriously nice Bangkok hotel, all expenses on her company tab. And when she gets more calm, she will work on the issue discretely. No doubt the telephones have been running double time behind the scenes amongst several segments of shareholders.

It would appear; IF several posts quoting sources in this thread are correct, that.

a ) this company has potentially VERY lucrative mineral resources rights contracts.

b ) but seemingly not the cash, nor apparently the competence, to properly make use of them.

c ) said company was trying to bring in a likely Australian mining or metal works company as an investor white knight. Or international sucker born ever minute.

d ) but the investors due diligence uncovered things about the company,

that some seemingly would rather were not known.

e ) the quid pro quo for saving the company / major investment,

is the removal of certain persons, that due diligence has deemed likely

might have been involved with the companies lack of ability to make use of those contracts properly.

f ) a nasty proxy fight has broken into the open in a bid to maintain or gain control.

Western methods of waging a proxy fight may be actionable under Thai law, or at least Thai laws can for a time be used as a cudgel.

g ) one lady of lady of probity and intelligence, stated facts in a private meeting, likely involving the removal for a stated cause, of certain company players. But there was a person of questionable integrity recording the private meeting, and may have leaked that hint of a proxy fights reasons and methods to the targets.

h) fear and loathing in Bangkok for those with possible dirt to hide.

All supposition, but based on a reading of much above that has attribution.

I would guess that those looking to invest (probably millions) into this company have now pulled out after this incident. I am sure that investors around the world would be very wary and relunctant to do business with any company this Malaysian guy is involved with after seeing just how he does business. Personally I think he has done more damage to companies and the shareholders by bringing these charges than this woman and her consultancy firm has. I can see why they would want this person removed from the board before investors committed. Let's not forget the billions of baht lost to Thailand in foriegn investments all this whilst Yingluck is in Australia preaching how good Thailand is for Australian companies to form partnerships with Thai companies in Thailand.

Remember all this was said in a private and confidential meeting b/w 3 people and this would never of come out if not for the Malaysian guy who appears to be putting self interest ahead of his shareholders and companies. Not really the sort of guy I would want running my business.

Edited by chooka
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whistling.gif 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.

whistling.gif

It was apparently said in private and not publically.

But said in front of other potential business associates or investors.

So from a Thai business stand point members of the public were there,

even if it was an open meeting free to all the public.

And most of the partners are high-net-worth Thais, not Malaysians,

he is just the point man for this, possibly because he was running the meeting.

It was said in front of her boss, the complainant and a member of the board, according to Nisa's link. How can you make that "potential business associates or investors"?

It's a nonsensical case even by Thai standards and if what she and her company say about who was present, the confidential nature of the meeting and the impermissible recording is true it will go no further

The complainant was not at the meeting it was a private and confidential meeting B/w the lady, her boss and a Thai businessman who was also a baord member of the complainants company. 3 people in total. The woman in question and her boss were acting on behalf of possible investors who would be pumping millions AUD into the company (Investing in Thailand) I would assume that before these Aussie investor hand over millions of dollars to Thailand they would want some hard questions asked and some allegations clarified. ie; "My client is keen to invest a substancial amount in the company, however there is rumours in the business circle that your CEO Mr XXX was involved in XXX" WOW STOP defamamation charge that woman.

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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.

I read how Thai MP's defame each other in the Thai Parliament all the time!! How comes none of the Thai MP's ever get criminally prosecuted and jailed and fined?

They constantly humiliate, defame and libel each other!

Why are MP's exempt from this law ?

Have you ever heard a 'red-shirt' speech at a rally? the amount of libel and defamation that you can hear is constant! Why don't they get arrested either?

Bias enforcement.

Edited by easybullet3
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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.

I read how Thai MP's defame each other in the Thai Parliament all the time!! How comes none of the Thai MP's ever get criminally prosecuted and jailed and fined?

They constantly humiliate, defame and libel each other!

Why are MP's exempt from this law ?

Have you ever heard a 'red-shirt' speech at a rally? the amount of libel and defamation that you can hear is constant! Why don't they get arrested either?

Bias enforcement.

Politicians IN PARLIAMENT have parliamentary privilege, they can say anything and not be prosecuted. The closest thing you have to this is when giving evidence in court, but be careful of perjury (and i don't think the "new" definition will apply to you unless you are a Shinawatra)

Red shirt speeches fall under a completely different category, where a bought and paid for police refuse to take action. All the LM charges raised against the red leaders have been quietly dropped by police fiat once the government changed. Even though Jatuporn has been declared innocent extra-judicially, I would recommend that you don't use the phrase "royally bestowed bullets" even in your sleep.

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So typical about the face aspect of life in SEA. It will all come to naught and the charges will be dropped in time, but only after she has had the crap scared out of her to shut her up. The truth will only come out once she is back in Australia where she is beyond the reach of the Thai "authorities".

The tape is inadmissible as evidence because the taping was done secretly.

The hi-so Thai that brought the charges won't divulge what was said as it was obviously derogatory.

No tape + no witness willing to testify = his word against her's = no case.

Some reasonable inference and supposition based on the above:

She wasn't the real target anyway, her boss was, but she was the one they could lay hands on.

And this only days after an 'Extraordinary General Meeting, EGM, of Shareholders' was publicly called to remove certain directors.

I suspect certain parties may think they can keep their jobs/profits/stipends/good names, if certain others are possibly scared into silence, between now and June 22nd.

No doubt after her probable scare, she is on bail and parked in a seriously nice Bangkok hotel, all expenses on her company tab. And when she gets more calm, she will work on the issue discretely. No doubt the telephones have been running double time behind the scenes amongst several segments of shareholders.

It would appear; IF several posts quoting sources in this thread are correct, that.

a ) this company has potentially VERY lucrative mineral resources rights contracts.

b ) but seemingly not the cash, nor apparently the competence, to properly make use of them.

c ) said company was trying to bring in a likely Australian mining or metal works company as an investor white knight. Or international sucker born ever minute.

d ) but the investors due diligence uncovered things about the company,

that some seemingly would rather were not known.

e ) the quid pro quo for saving the company / major investment,

is the removal of certain persons, that due diligence has deemed likely

might have been involved with the companies lack of ability to make use of those contracts properly.

f ) a nasty proxy fight has broken into the open in a bid to maintain or gain control.

Western methods of waging a proxy fight may be actionable under Thai law, or at least Thai laws can for a time be used as a cudgel.

g ) one lady of lady of probity and intelligence, stated facts in a private meeting, likely involving the removal for a stated cause, of certain company players. But there was a person of questionable integrity recording the private meeting, and may have leaked that hint of a proxy fights reasons and methods to the targets.

h) fear and loathing in Bangkok for those with possible dirt to hide.

All supposition, but based on a reading of much above that has attribution.

I would guess that those looking to invest (probably millions) into this company have now pulled out after this incident. I am sure that investors around the world would be very wary and relunctant to do business with any company this Malaysian guy is involved with after seeing just how he does business. Personally I think he has done more damage to companies and the shareholders by bringing these charges than this woman and her consultancy firm has. I can see why they would want this person removed from the board before investors committed. Let's not forget the billions of baht lost to Thailand in foriegn investments all this whilst Yingluck is in Australia preaching how good Thailand is for Australian companies to form partnerships with Thai companies in Thailand.

Remember all this was said in a private and confidential meeting b/w 3 people and this would never of come out if not for the Malaysian guy who appears to be putting self interest ahead of his shareholders and companies. Not really the sort of guy I would want running my business.

Fair point. I think this Mr Ronald Wai Choi Ng has defamed Thailand and put the credibility of Thai/foreign business relationships into disrepute.

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What was actually said in this private conversation? How could it be criminal defamation if the word or statement has not been made public?

Come and invest and do business in Thailand but be warned if you be competative we will take you down by any means. Certainly an excellent way to promote business in Thailand. I guess this is the way Thailand does business.

Thailand wants you to invest in business the same way we come here and build houses. Invest, but be prepared to abandon so your investment can be absorbed.

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What was actually said in this private conversation? How could it be criminal defamation if the word or statement has not been made public?

Come and invest and do business in Thailand but be warned if you be competative we will take you down by any means. Certainly an excellent way to promote business in Thailand. I guess this is the way Thailand does business.

Thailand wants you to invest in business the same way we come here and build houses. Invest, but be prepared to abandon so your investment can be absorbed.

Leave your money and then leave Thailand?

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.

Link To Photo Of The Accused:

http://www.watoday.c...0529-1zhfu.html

Clare Florence will fight a criminal defamation charge in Thailand.

Australian faces defame charge

One of Australia's top business people working in Thailand is ''deeply distressed'' by the laying of a criminal defamation charge against her that carries a possible 12-month jail term, her husband says. The charge against Clare Florence, a former NSW Chairwoman of the Australia Thai Business Council, will focus attention on the practice in Thailand of using defamation laws to harm business rivals.

Details of Ms Florence's arrest and brief jailing on May 5 emerged as Thai Prime Minister Yingluck Shinawatra was promoting Thailand as a land of opportunity during an official visit to Australia. Many Australian business people working in Bangkok were shocked to learn of Ms Florence's arrest at Bangkok airport.

She was due to spend three nights in the cells until intervention by Australia's Ambassador resulted in her release on bail. Barred from leaving Thailand, she faces months awaiting the outcome of the defamation proceedings.



Read more:

WA Today - May 30, 2012

.

Edited by Buchholz
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The 50-year-old faces the prospect of a 12 month prison sentence. But she isn't the first Australian national to have such a heavy sentence hanging over their head.

Having undergone a similar ordeal in the country, Brisbane businessman Neil Herdegen said criminal defamation charges were commonly used as a scare tactic against business rivals in Thailand.

During a criminal trial in the country, Mr Herdegen made allegations against a former business partner who had attempted to remove his 50 per cent stake in the company Thai Style Auto Services Company Ltd.

The allegations of defamation Mr Herdegen put forward were dismissed and he in turn was arrested and charged with the offence.

Facing the prospect of paying a $10,000 bond for his release he spent the night in a Thai prison cell with some of the instigators of the 2010 riots.

For two years, he flew back and forth from Australia giving evidence at his trial.

"My passport was removed and travel restrictions placed on me. I negotiated through my lawyer to have those lifted and I returned to Thailand three months later to give more evidence," he said.

"Each time I returned to give more evidence I had to surrender my passport and present myself at the court in shackles again."

Concerned by what he calls the lack of transparency in the Thai judicial system, Mr Herdegen said he had been fearful of the result of the trial.

But he was eventually cleared of any wrong doing after the Thai judge ruled the allegations were an unlawful attempt to gain legal control over his shares in the company.

Mr Herdegen claimed criminal defamation was a "potent weapon" in business disputes involving foreigners in Thailand.

Read more: http://www.brisbanet...l#ixzz1wKqFLh9L

It appears that if a farang files defamation charges against a Thai, the farang can be charged with defamation by doing so.

Edited by softgeorge
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The charge against Clare Florence, a former NSW chairwoman of the Australia Thai Business Council, will focus attention on the practice in Thailand of using defamation laws to harm business rivals.

Details of Ms Florence's arrest and brief jailing on May 5 emerged as Thai Prime Minister Yingluck Shinawatra was promoting Thailand as a land of opportunity during an official visit to Australia.

Read more: http://www.theage.co...l#ixzz1wKu4F7ri

It is now being reported in the Australian media that these tactics are being used commonly in Thailand against foreign business people. This can't be good for the government and Yingluck who has been toring the world to get foreigners to invest and do business in Thailand. With these sort of tactics being used I feel she is flogging a dead horse and the Thai Government needs to take urgent steps to crack down on this scam and corruption.

Edited by softgeorge
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The 50-year-old faces the prospect of a 12 month prison sentence. But she isn't the first Australian national to have such a heavy sentence hanging over their head.

Having undergone a similar ordeal in the country, Brisbane businessman Neil Herdegen said criminal defamation charges were commonly used as a scare tactic against business rivals in Thailand.

During a criminal trial in the country, Mr Herdegen made allegations against a former business partner who had attempted to remove his 50 per cent stake in the company Thai Style Auto Services Company Ltd.

The allegations of defamation Mr Herdegen put forward were dismissed and he in turn was arrested and charged with the offence.

Facing the prospect of paying a $10,000 bond for his release he spent the night in a Thai prison cell with some of the instigators of the 2010 riots.

For two years, he flew back and forth from Australia giving evidence at his trial.

"My passport was removed and travel restrictions placed on me. I negotiated through my lawyer to have those lifted and I returned to Thailand three months later to give more evidence," he said.

"Each time I returned to give more evidence I had to surrender my passport and present myself at the court in shackles again."

Concerned by what he calls the lack of transparency in the Thai judicial system, Mr Herdegen said he had been fearful of the result of the trial.

But he was eventually cleared of any wrong doing after the Thai judge ruled the allegations were an unlawful attempt to gain legal control over his shares in the company.

Mr Herdegen claimed criminal defamation was a "potent weapon" in business disputes involving foreigners in Thailand.

Read more: http://www.brisbanet...l#ixzz1wKqFLh9L

It appears that if a farang files defamation charges against a Thai, the farang can be charged with defamation by doing so.

It appears that these defamation laws are being abused by Thai business people to scam foreign investors, companies and business people. I think there is an extremely larger warning sign here. Do not invest or do business in Thailand especially whilst the government allows this scam to continue and they (the gov) are out there trying to coax victims into the net.

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Now that this has made news in Australia, I am sure it will really boost the confidence level within the Australian business community with regard to being able to safely invest in Thailand without any risk what so ever (pigs are fuelled and ready for take off). And when the potential investors from Australia and other developed nations begin moving their investments out of Thailand and into other countries in the region, then the Thai government may begin moving to protect the foreign investors interests with this country.

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The normal cure for vexatious litigation is for judges to award defendant's costs and even punitive penalties against the litigant if the legislation allows it. If it doesn't, an amendment to allow for this would be a quite straightforward parliamentary procedure.

OTOH as this was a favourite pastime of a prior PM related to the current, this may not occur soon.

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The normal cure for vexatious litigation is for judges to award defendant's costs and even punitive penalties against the litigant if the legislation allows it. If it doesn't, an amendment to allow for this would be a quite straightforward parliamentary procedure.

OTOH as this was a favourite pastime of a prior PM related to the current, this may not occur soon.

But you have to love this little gem.

The allegations of defamation Mr Herdegen put forward were dismissed and he in turn was arrested and charged with the offence.

It appears if you loose a case you to can be charged with defamation for making the original complaint. Will be interesting to see if the Malaysian guy is charged with defamation if the womans charges are dropped or she wins in court. After all he has publically defamed her on an international level.

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The normal cure for vexatious litigation is for judges to award defendant's costs and even punitive penalties against the litigant if the legislation allows it. If it doesn't, an amendment to allow for this would be a quite straightforward parliamentary procedure.

OTOH as this was a favourite pastime of a prior PM related to the current, this may not occur soon.

Well they will have to do something as they are probably losing billions of baht lost from investments, investments that may now find thier way to Burma.

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A friend of mine left Thailand over a year ago but before he did he sent his Thai boss (some dept head at a public university) a few F you emails after he refused to pay him for extra classes he taught there in the evenings. He's reading this and emailing me asking me to have a look at this thread on thaivisa and wondering if he could also face arrest at the airport when he returns for a week's vacation is Thailand in July. I am not too sure even after living nearly 25 years in this country lol. Should he be worried?

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A friend of mine left Thailand over a year ago but before he did he sent his Thai boss (some dept head at a public university) a few F you emails after he refused to pay him for extra classes he taught there in the evenings. He's reading this and emailing me asking me to have a look at this thread on thaivisa and wondering if he could also face arrest at the airport when he returns for a week's vacation is Thailand in July. I am not too sure even after living nearly 25 years in this country lol. Should he be worried?

Why would they go after a teacher? Saying f you is not exactly defamation.

The issue here is not so much what was said, but the financial impact to someone and that someone is able to manipulate the laws in a way a school principal could not.

Edited by ttelise
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The 50-year-old faces the prospect of a 12 month prison sentence. But she isn't the first Australian national to have such a heavy sentence hanging over their head.

Having undergone a similar ordeal in the country, Brisbane businessman Neil Herdegen said criminal defamation charges were commonly used as a scare tactic against business rivals in Thailand.

During a criminal trial in the country, Mr Herdegen made allegations against a former business partner who had attempted to remove his 50 per cent stake in the company Thai Style Auto Services Company Ltd.

The allegations of defamation Mr Herdegen put forward were dismissed and he in turn was arrested and charged with the offence.

Facing the prospect of paying a $10,000 bond for his release he spent the night in a Thai prison cell with some of the instigators of the 2010 riots.

For two years, he flew back and forth from Australia giving evidence at his trial.

"My passport was removed and travel restrictions placed on me. I negotiated through my lawyer to have those lifted and I returned to Thailand three months later to give more evidence," he said.

"Each time I returned to give more evidence I had to surrender my passport and present myself at the court in shackles again."

Concerned by what he calls the lack of transparency in the Thai judicial system, Mr Herdegen said he had been fearful of the result of the trial.

But he was eventually cleared of any wrong doing after the Thai judge ruled the allegations were an unlawful attempt to gain legal control over his shares in the company.

Mr Herdegen claimed criminal defamation was a "potent weapon" in business disputes involving foreigners in Thailand.

Read more: http://www.brisbanet...l#ixzz1wKqFLh9L

It appears that if a farang files defamation charges against a Thai, the farang can be charged with defamation by doing so.

It appears that these defamation laws are being abused by Thai business people to scam foreign investors, companies and business people. I think there is an extremely larger warning sign here. Do not invest or do business in Thailand especially whilst the government allows this scam to continue and they (the gov) are out there trying to coax victims into the net.

You choose your words poorly.

Defamation is not used to "scam" anyone. It's a valid legal tactic that is used to intimidate, delay and divert attention. Having gone through the legal process and won, it is just that - a process. In this Australian woman's case, she does not live here, so having her ability to travel home is probably quite distressing.

But it is not a "scam".

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It was probably only a miscommunication.

Georgia: "Australians are the nicest people, but you can only understand about half of what they say."

'My Life in Ruins' (2009)

Edited by gand
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Meanwhile, Ms Florence's husband said the couple were concerned she could be trapped in Thailand for the rest of this year.

The prosecutor is not due to announce the outcome of his review into the case until June 25. But Bill Condie said the couple were working on having his wife's no-fly blacklisting lifted in the meantime – a process which is proving emotionally harrowing and costly.

"Obviously the prospect of spending a year in a Thai prison when you haven't done anything wrong is a terrifying one," he said.

Read more:

http://www.brisbanetimes.com.au/queensland/thailand-defamation-arrests-familiar-territory-for-australians-20120529-1zh6r.html#ixzz1wPw0ljEY

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Meanwhile, Ms Florence's husband said the couple were concerned she could be trapped in Thailand for the rest of this year.

The prosecutor is not due to announce the outcome of his review into the case until June 25. But Bill Condie said the couple were working on having his wife's no-fly blacklisting lifted in the meantime – a process which is proving emotionally harrowing and costly.

"Obviously the prospect of spending a year in a Thai prison when you haven't done anything wrong is a terrifying one," he said.

Read more:

http://www.brisbanet...l#ixzz1wPw0ljEY

This tactic of Thais business people using the defamation laws against foreign business is in every major paper in Australia. This Malaysian guy has put a huge black mark on Thailand.

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Meanwhile, Ms Florence's husband said the couple were concerned she could be trapped in Thailand for the rest of this year.

The prosecutor is not due to announce the outcome of his review into the case until June 25. But Bill Condie said the couple were working on having his wife's no-fly blacklisting lifted in the meantime – a process which is proving emotionally harrowing and costly.

"Obviously the prospect of spending a year in a Thai prison when you haven't done anything wrong is a terrifying one," he said.

Read more:

http://www.brisbanet...l#ixzz1wPw0ljEY

This tactic of Thais business people using the defamation laws against foreign business is in every major paper in Australia. This Malaysian guy has put a huge black mark on Thailand.

It would appear it is not solely him, but he is more likely the point man.
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Did they keep her passport? If not, why not cross border and take off or go to embassy, get another passport and flee. Seems like embassy would back her with press going on back in home country. I wouldn't even screw with trying to resolve through Thai judicial process as it appears they are just throwing more good money in the direction of the problem.

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Did they keep her passport? If not, why not cross border and take off or go to embassy, get another passport and flee. Seems like embassy would back her with press going on back in home country. I wouldn't even screw with trying to resolve through Thai judicial process as it appears they are just throwing more good money in the direction of the problem.

Says something about her being put on some kind of no fly list but often in these cases the person is granted the permission to leave the country and come back for court.

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Did they keep her passport? If not, why not cross border and take off or go to embassy, get another passport and flee. Seems like embassy would back her with press going on back in home country. I wouldn't even screw with trying to resolve through Thai judicial process as it appears they are just throwing more good money in the direction of the problem.

Says something about her being put on some kind of no fly list but often in these cases the person is granted the permission to leave the country and come back for court.

No fly list would mean they have her passport and it is a bloody long way to swim back and forth for court appearances. but then again christamas island is not to far.

Edited by chooka
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Did they keep her passport? If not, why not cross border and take off or go to embassy, get another passport and flee. Seems like embassy would back her with press going on back in home country. I wouldn't even screw with trying to resolve through Thai judicial process as it appears they are just throwing more good money in the direction of the problem.

Says something about her being put on some kind of no fly list but often in these cases the person is granted the permission to leave the country and come back for court.

No fly list would mean they have her passport and it is a bloody long way to swim back and forth for court appearances. but then again christamas island is not to far.

Why not govto embassy and get new or better yet, since Australia is making such big stink about this, embassy could get her out passport or no passport. Stand up to Thai corruption and maybe less chance of being treated this way.

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