TRT Files Criminal Defamation Suit Against Critics

[Jai Dee]

TRT files criminal defamation suit

Thai Rak Thai (TRT) and its leader Thaksin Shinawatra yesterday filed a criminal defamation suit against critics who accused them of plotting to undermine the nation’s democratic system. A similar suit will be filed in civil court next week seeking one billion baht in damages, a TRT lawyer said yesterday.

The lawsuit, filed at the Bangkok Criminal Court yesterday, names 11 defendants, including media mogul Sondhi Limthongkul, former Bangkok senator Chirmsak Pinthong and other prominent figures, and accuses them of making slanderous accusations at a May 24 seminar at Thammasat University.

A preliminary hearing has been set for 9am on September 4.

The suit accuses the defendants of attempting to defame the party and Thaksin to prevent them from winning the next election.

“[The defendants] tried to cause misunderstanding among the public that the plaintiffs are doing something to change the administration [of the country],” the lawsuit claims.

“The two plaintiffs have never set up a strategy to control Thailand according to the ‘Finland Declaration’ or the ‘Finland Strategy’…as the 11 defendants claimed.”

Four defendants, Sondhi, Chirmsak, Chai-anan Samudavanija, the director of the Vajiravudh College, and independent academic Pramote Nakhonthab, have been accused of directly defaming TRT and Thaksin in comments made at the seminar.

The speakers alleged TRT and Thaksin had been working to weaken Thailand’s constitutional monarchy and pushing for a strong, single-party capitalist state. The remaining seven defendants have been accused of reproducing and publicizing the comments on TV, radio and the internet.

Critics allege a plan to alter the Thai political system was decided at a meeting in Finland in 1999, hence the references to the ‘Finland Declaration.’ However, TRT and Thaksin’s lawyer, Thana Benjathikul, dismissed the accusations, saying the party had always acted in accordance with the country’s democratic structure, which recognizes his Majesty the King as the head of state.

“The accusations against TRT and Thaksin related to the ‘Finland Declaration’ are a fabrication which began with the publication of an article by Pramote Nakhonthab in Phoojadkarn Daily,” Thanna said.

“It was planned in advance to destroy the good name of the TRT party and the prime minister.”

Source: ThaiDay - 3 June 2006

[John K]

It would seem the TRT only does this when someone hits a nerve of truth.

They also seem to have a very optimistic view that they will still be around 9 am September 4th.

The suit accuses the defendants of attempting to defame the party and Thaksin to prevent them from winning the next election.

It was planned in advance to destroy the good name of the TRT party and the prime minister.

Actually the TRT is doing a good job of that on their own. They need little help from the highly accredited defendants.

It would also seem Thaksin has forgotten about a certain speech that was given in early December last year.

I guess this is just more tantrum like kicking and screaming as they go down.

[ratcatcher]

“It was planned in advance to destroy the good name of the TRT party and the prime minister.”

Source: ThaiDay - 3 June 2006

What the <deleted> are those guys smoking???

[John K]

If you don't stop telling the truth im gonna hit you!!!!

[penzman]

It would seem the TRT only does this when someone hits a nerve of truth.

They also seem to have a very optimistic view that they will still be around 9 am September 4th.

The suit accuses the defendants of attempting to defame the party and Thaksin to prevent them from winning the next election.

It was planned in advance to destroy the good name of the TRT party and the prime minister.

Actually the TRT is doing a good job of that on their own. They need little help from the highly accredited defendants.

It would also seem Thaksin has forgotten about a certain speech that was given in early December last year.

I guess this is just more tantrum like kicking and screaming as they go down.

I think Thaksin's next visit to Hua Hin will be his last one ever and the end of his political carrer. If you think his face was ashen last time he publicly stepped down...

[ColPyat]

I think Thaksin's next visit to Hua Hin will be his last one ever and the end of his political carrer. If you think his face was ashen last time he publicly stepped down...

I have difficulties to understand why you guys always have to bring 'Hua Hin' into the debate.

One funny thing though is, that you always so conveniently leave out that a day or two after his latest visit to 'Hua Hin' he turned again from his 'break from politics' into being an acting PM...hmmmm...

[penzman]

You mean "pulling the strings from behind the scene" while pretending to be on a "break from politics". The probable cause of his unforeseen and sudden "return".

He said it himself before (while running away from protests at the Government House) that he could run things by phone and teleconference.

[ratcatcher]

I think Thaksin's next visit to Hua Hin will be his last one ever and the end of his political carrer. If you think his face was ashen last time he publicly stepped down...

I have difficulties to understand why you guys always have to bring 'Hua Hin' into the debate.

One funny thing though is, that you always so conveniently leave out that a day or two after his latest visit to 'Hua Hin' he turned again from his 'break from politics' into being an acting PM...hmmmm...

The resident at Hua Hin palace requested the powers that be to "Sort out the mess". Since that date, Dr.,Pol.Lt.Col.,Thaksin Shinawatra has returned to his questionable role as "acting"P.M., the 3 stooges at the Election Commission have refused to resign and now we have another onslaught of lawsuits from "A Boy Called Sue" against anyone and everyone who doesn't believe he's the Great One.

That's not "cleaning up the mess" in my mind. More like creating an even bigger mess. IMHO, after the 60th Anniversary Celebrations are over things will start to get interesting around here.

[ColPyat]

\

That's not "cleaning up the mess" in my mind. More like creating an even bigger mess. IMHO, after the 60th Anniversary Celebrations are over things will start to get interesting around here.

I do agree there with this statement.

Nevertheless, i don't see anyone actually working on sorting out the mess. My personal interpretion of the request that the courts should do their job was not meant to be that now every side in the game lets a barrage of lawsuits off against their opponents.

What we see now is disgusting yet so typical political posturing and behind the scene power struggles of alliances of vested interests, which very well might lead to serious trouble after the 60 year celebrations are over. Or it will lead to another face solution Thailand is so famous for, that though will avoid dealing with the underlying problems, which will resurface with a vehemence a few years down the line.

Edited June 3, 2006 by ColPyat

[Chang_paarp]

Back to their old tricks.

"It worked fro Lee Kwan Yu it should work for me." attitude. TS forgets there is no other presence in Sinapore that can influence.

Will they ever learn?

[John K]

THAILAND: Thaksin brings criminal libel charges against newspaper

New York, June 2, 2006—The Committee to Protect Journalists condemns a decision by caretaker prime minister Thaksin Shinawatra and his Thai Rak Thai party to file criminal defamation charges against the newspaper Manager Daily, its editor, a columnist, and two senior executives.

The charges filed on Tuesday relate to articles which alleged that Thaksin and senior Thai Rak Thai party officials had met secretly in Finland to discuss replacing Thailand’s constitutional monarchy with a presidential system. Thailand’s royal family is highly revered. The country has some of the world’s strictest laws against affronting the dignity of the sovereign, an offense known as lese majeste. Penalties include 15-year prison terms.

Thaksin’s chief adviser, Pansak Vinyaratn, called the claims “black propaganda.” According to Thai media reports, Thaksin told cabinet members that his opponents had fabricated the declaration to undermine his leadership and prevent him from resuming work.

Bangkok’s criminal court will hear the case August 7. Criminal defamation charges carry possible two-year jail terms and fines of 200,000 baht (US$5,000). It is unclear whether the complaint includes lese majeste charges.

“We call on Prime Minister Thaksin and his party to stop using criminal defamation laws to muzzle and intimidate journalists,” says Ann Cooper, CPJ’s executive director. “The Prime Minister has a history of peppering the press with lawsuits whenever he reads something he dislikes. He would do better to uphold the press freedom guarantees in Thailand’s 1997 constitution.”

Last year, Thaksin filed a string of criminal and civil defamation cases against the Manager Media Group’s owner Sondhi Limthongkul, an outspoken critic of the Thaksin government. Thaksin dropped the charges after King Bhumibol Adulyadej indicated his displeasure during his annual birthday speech on December 4, 2005.

Sondhi told CPJ that government officials, police, and private individuals have filed more than 50 criminal lawsuits against him, involving both criminal defamation and violations of lese majeste laws for comments he allegedly made during recent anti-government rallies.

[John K]

He seems to be doing a good job as Pissing people off all around the world now. It would seem he has lost respect from everyone now. He also seems to have completely forgotten about the speech 6 months ago, or he does not care anymore. At any rate this is predictable behavior as the fight or flight instinct is triggered for self preservation. When people get to that point there is only one goal and they will kill to survive if necessary. He is not there yet but his actions say he is very close. His world is falling apart, and he knows it.

[Thaising]

Back to their old tricks.

"It worked fro Lee Kwan Yu it should work for me." attitude. TS forgets there is no other presence in Sinapore that can influence.

Will they ever learn?

thaksinomic worked wonder, his next plans is making and dreaming for a thaksin dynasty.

Edited June 3, 2006 by Thaising

[penzman]

Seems he thinks he's a moden version of some chinese Emperor, who often used to decapitate or execute anyone who dared to challenge them.

[Siripon]

Will Thammarak sue whoever released the pictures of his tete-a-tete at the Defence Ministry?

There's been some speculation it might have been some disgruntled officers or even a fellow from a famous family in Buriram.

Recently Thaksin said there were 2 people in TRT he considered as possible equals, Thammarak and Somkit, now one's taken a battering, coincidental?

[naka]

Yawn.

Naka.

[Thaising]

Will Thammarak sue whoever released the pictures of his tete-a-tete at the Defence Ministry?

There's been some speculation it might have been some disgruntled officers or even a fellow from a famous family in Buriram.

Recently Thaksin said there were 2 people in TRT he considered as possible equals, Thammarak and Somkit, now one's taken a battering, coincidental?

The axe has to fall on someone else head, or the parties were evaporated into the airs.

Edited June 4, 2006 by Thaising

[John K]

Personally I don’t care where it came from. The fact is when you point your finger at someone, the rest of your fingers are pointing back at you.

[lukamar]

Will Thammarak sue whoever released the pictures of his tete-a-tete at the Defence Ministry?

What you all seem forget is these picture were not from a camera in a mall, they were from a camera in the Defense Ministry. Anyone installing or having access to that particular system would have to have some sort of security clearance with the associated " I will not disclose" clause in their contract as any leak of any coming and goings could be looked at as a National Security issue. The release of classified pictures from this source shows a very serious security breach for Thailand and could lead to charges for the perpetrator and his employer much more serious than the ones alleged in the photos. If the company installing the cameras was from outside Thailand, as stated in one of the papers, then you can bet they will not be doing any sensitive government contracts in the future, if allowed to conduct business in the country at all and the camera operator may face charges, like treason, if he is a Thai national and if a foreign national will be asked to leave and never return.

[penzman]

Their Ministries and websites have been hacked numerous times. Why does it have to be someone on the inside?

[lukamar]

Why does it have to be someone on the inside?

Ohhh Maybe logic.. During that time frame it was a system under installation testing. No matter who pinched the pictures it does not make the action any less criminal or their release any more legal. They may not even be admissible as evidence in the long run.

[John K]

I think we may be a bit off topic with the photo issue, but good points non the less. From a common sense point of view, trying to nail a person(s) who uncovered a criminal act on a constitutional level would tend to add suspicion to oneself as to what motive. My gut feeling is “I am angry at the (insert your own words here) that caught me and I want to get even with them.” However making the person(s) who uncovered the act a national hero would send another signal. I would think that uncovering people trying to take over the country qualifies as hero stuff.

Now back on topic:

Section 41. Officials or employees in a private sector

undertaking newspaper or radio or television broadcasting businesses shall enjoy

their liberties to present news and express their opinions under the constitutional

restrictions without the mandate of any State agency, State enterprise or the

owner of such businesses; provided that it is not contrary to their professional

ethics.

Government officials, officials or employees of a State agency or

State enterprise engaging in the radio or television broadcasting business enjoy

the same liberties as those enjoyed by officials or employees under paragraph

one.

[lukamar]

Many security staff accountable

WASSANA NANUAM -BP-

Many security staff at the Defence Ministry compound, from the management to the shop floor, are being held accountable for the leaking of controversial surveillance camera footage, defence permanent secretary Sirichai Tunyasiri said yesterday. His comment came after the ministry inquiry into the incident deferred the conclusion of its findings until later this week.

Gen Sirichai said the team, headed by Office of Policy and Planning assistant director Maj-Gen Patcharavut Wongpetch, needed more time to straighten out certain aspects of the investigation.

The footage from a security camera inside the ministry purportedly shows several people visiting Defence Minister Thammarak Isarangkura na Ayudhaya, a Thai Rak Thai deputy leader, at his office in the ministry.

One in the group is believed to be Chawakarn Tosawat, leader of the Pattana Chart Thai party, which was allegedly hired to contest the April 2 election to help Thai Rak Thai avoid the restrictions of a one-horse race in some constituencies.

Gen Thammarak last week denied that he was shown in the footage. He said yesterday that he has nothing more to explain regarding the footage and the bankroll allegations.

''I've already spoken the whole truth,'' he said after attending a ceremony to install a statue of the Phaya Kotchasi, a mythical cross between a lion and an elephant, at the Defence Ministry headquarters.

Gen Sirichai said many army officers were responsible for the footage, considered government property, being leaked. A source said one could be Col Arvut Saengtawan, head of the compound's security.

The footage ended up in the hands of the Democrat party, which submitted it as evidence to the Criminal Court, which is hearing malfeasance charges against the election commissioners.

Gen Sirichai said that as the highest supervisor, he cannot dodge responsibility although being so far up the chain of command he may be less to blame.

The officers found to be at fault could face both disciplinary and criminal actions, he said. Officers linked to the Democrats would not face a witch-hunt. The Patcharavut panel had a free hand to proceed with the inquiry

[sriracha john]

Gen Thammarak last week denied that he was shown in the footage. He said yesterday that he has nothing more to explain regarding the footage and the bankroll allegations.

''I've already spoken the whole truth,'' he said.

Hmm... that's it??

Where's the General's trademark bizarre line after that? eg. "I'm going to kick someone."

or, "I will shoot myself in the head."

so, just to help out the General... I'll finish it with a line that he probably wished he could have come up with himself.

"I've already spoken the whole truth, and if I'm not, I will stomp on Thaksin's testicles with muddy combat boots."

[Thaising]

Gen Thammarak last week denied that he was shown in the footage. He said yesterday that he has nothing more to explain regarding the footage and the bankroll allegations.

''I've already spoken the whole truth,'' he said.

Hmm... that's it??

Where's the General's trademark bizarre line after that? eg. "I'm going to kick someone."

or, "I will shoot myself in the head."

so, just to help out the General... I'll finish it with a line that he probably wished he could have come up with himself.

"I've already spoken the whole truth, and if I'm not, I will stomp on Thaksin's testicles with muddy combat boots."

[John K]

I can see a similarity here is some things that happen in the states. The defendants must defend themselves by hiring a lawyer. In criminal cases the prosecutors will continue the case thus driving up the legal bills of the defendant. After the defendant has run out of money, many opt to enter a guilty plea even if they are not guilty. It would seem that this may have a similar tactic. At any rate it is just more unnecessary bull some people must endure. So are they doing this to the security people who don’t have loads of cash?

Question: Is that not the whole reason security cameras exist, to catch people doing something wrong? Perhaps the were installed wrong.

[Plus]

Question: Is that not the whole reason security cameras exist, to catch people doing something wrong?

Precisely.

Lukamar, do you think whistle blowers should be prosecuted? The guys displayed genuine courage and brought the real culprit to light. I hope Thamarak leaves the Ministry before they are found - they'll be safe once Thamarak is gone.

[lukamar]

Question: Is that not the whole reason security cameras exist, to catch people doing something wrong?

Lukamar, do you think whistle blowers should be prosecuted? The guys displayed genuine courage and brought the real culprit to light. I hope Thamarak leaves the Ministry before they are found - they'll be safe once Thamarak is gone.

Security cameras are not always used to catch the criminal element, normally they are used to provide "security" to the building and occupants in which they are being used.

If the whistle blower. as you put it, was a member of a terrorist organization and used the same security cameras to also scout the schedule of comings and goings of the Defense ministry, would it be proper to use those same cameras for that endeavor? I think most would say it would not. It's not if the whistle blower did the correct thing but if he broke the law in doing it. Which raises this question. If the Democrats were in contact with him prior to the theft or act of heroism, take your pick, if they were in contact with him then the Democrats were in collusion with the theft of the classified material. A terrorist group would probably look at someone doing the same thing as displaying genuine courage as well.

[hammered]

There is a chance that the tape was actually leaked by a TRT insider. Parties often have quite cuthroat internal politics. I understand that at least one name has been thrown around a bit in TRT circles regarding this. Even if this is the case though a scapegoat will need to be found for public consumption.

[Jai Dee]

Mr. Somchai refused to comment o Mahachon's forecast about the dissolution of TRT

Deputy Minister of Interior Somchai Sunthornwat (สมชาย สุนทรวัฒน์) has refused to comment about Mahachon Party Leader Sanan Kachornprasat’s (สนั่น ขจรประศาสน์) forecast on the dissolution of the Thai Rak Thai Party.

Mr. Somchai has declined to comment on Maj. Gen. Sanan’s criticism as he deems that the matter should be under the consideration of justice.

The Deputy Minister of Interior also spoke about the Democrat Party, saying that the party should not use political subjects to criticize the Thai Rak Thai Party because they can cause boredom to the general public.

Source: Thai National News Bureau Public Relations Department - 05 June 2006