Court dismisses Thaksin suit against Kaewsan

[webfact]

APPEAL COURT
Court dismisses Thaksin suit against Kaewsan

BANGKOK: -- The Appeal Court on Wednesday dismissed a defamation suit filed by expremier Thaksin Shinawatra against former asset examination committee member Kaewsan Athipothi.

Kaewsan's statement on a news show in 2007 about Thaksin's tax evasion proved true and his assets were later confiscated, the Court said. Moreover Thaksin was a political figure and thus was subject to criticism.

The Court noted that Thaksin was out of the public office following the 2006 coup and the defendant had been appointed as a member of asset examination committee. Thaksin argued that Kaewsan's statement during the TV talk show implied he was involved in assets concealment and tax evasion.

The Court said Thaksin became prime minister through an election and had sworn to be loyal to the monarchy and work with honesty. He was also considered a public figure and as such, open to criticism.

Referring to Kaewsan’s statement that Thaksin concealed millions of shares and evaded paying taxes from selling stocks to a Singaporean company. Supreme Court found Thaksin guilty of hiding the stocks and later ordered confiscation of his assets. The defendant's comments were therefore true.

Kaewsan said after the ruling that he was happy that the Court confirmed his innocence in the case.

Source: http://www.nationmultimedia.com/politics/Court-dismisses-Thaksin-suit-against-Kaewsan-30239254.html

[thenation]2014-07-23[/thenation]

[TVGerry]

Fugitives from the law shouldn't be able to file lawsuits in the first place.

[Seastallion]

Good.

But surely they could have also dismissed the charge against the defendant by stating the plaintiff is a fugitive from justice and thus has lost the right to sue.

 

Edit. Snap TVGerry

Edited July 23, 2014 by Seastallion

[jaidam]

 The criticism later proved true. Well what a surprise, seeing as every single accusation or criticism ever leveled against Thaksin has proven to be absolutely true. Couple of examples so as not to cause undue distress, Yutthasak phone conversation, the sent abroad 30 billion after PTP took power, ownership of PTP shares, lawyers panicked denials that the pastrygate money was bound for a case of a person who's initials are T.S., and on and on forever... All feverishly denied, lawsuits flying everywhere, fanboys high pitched whines, and then rumor is proved true.

Edited July 23, 2014 by jaidam

[ratcatcher]

"Thaksin argued that Kaewsan's statement during the TV talk show implied he was involved in assets concealment and tax evasion."

Da truth, da whole truth and nuttin' but da truth.

[webfact]

Appeals Court acquits former graft buster Kaewson of libel charge

 

 

BANGKOK: -- The Appeals Court today acquitted former graft buster Kaewson Atipo of libel charge brought against him by ousted premier Thaksin Shinawatra in 2007.

 

The acquittal of the charge was to affirm the earlier ruling by the Criminal Court or court of first instance which had dropped the libel charge against him.

Kaewson, a former member of the defunct Asset Examination Committee (AEC), was charged with libel by Thaksin when he told Channel 5 in TV programme that the former premier did not transfer shares of Shin Corporation to his son and daughters as he had declared to the Securities and Exchange Commission but was just a cover-up of his assets, and also evaded capital gain tax payment in April 2007.

But the court said the former graft buster’s statement in the media was to publicise the work of the AEC and to enable the public to understand its work for the sake of public interest.

Moreover, the court reasoned that the media programme was not a personal programme, and the Supreme Court’s Criminal Division for Holders of Political Posts had also convicted Thaksin guilty in the case and seized his assets.

Therefore, his criticisms of the former premier was made with honesty, the court said and acquitted him of the libel charge.

Kaewson said after the ruling that he was happy with the verdict, reasoning that the case could be a precedent for other corruption cases now being handled by the National Anti-Corruption Commission in which anti graft officials could keep the public informed of the progress of the significant case as long as it is based on facts.

Source: http://englishnews.thaipbs.or.th/appeals-court-acquits-former-graft-buster-kaewson-libel-charge/

[thaipbs]2014-07-23[/thaipbs]

[zaphod reborn]

Persons should not be able to pick and choose whether they are within the jurisdiction of the courts.  You should not be able to prosecute claims, nor defend claims against you, if you are in asbstentia.  It's a solid legal principle, which is totally lost in the archaic Thai judicial system.

[Pib]

Wow...this case moved fast through the Thai justice system....only took 7 years.

[NongKhaiKid]

Wow...this case moved fast through the Thai justice system....only took 7 years.

Fast tracked ?  

[hanuman2543]

Good to see that sometimes in libel and slander cases telling the truth is honored as a proper defense.

[Thailand]

Wow...this case moved fast through the Thai justice system....only took 7 years.

 

 

And of course Thaksin was not a "fugitive from justice" or "politically motivated actions" depending on your stance, at that time so no problem with the suit?

 

Interesting that the result comes now! The wheels of justice,bogged down in  -----?

[Cuchulainn]

Well, Thaksin, what does it feel like to have things not go your own way?

 

ha ha ha ha ha ha ha

[scorecard]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

 

 The criticism later proved true. Well what a surprise, seeing as every single accusation or criticism ever leveled against Thaksin has proven to be absolutely true. Couple of examples so as not to cause undue distress, Yutthasak phone conversation, the sent abroad 30 billion after PTP took power, ownership of PTP shares, lawyers panicked denials that the pastrygate money was bound for a case of a person who's initials are T.S., and on and on forever... All feverishly denied, lawsuits flying everywhere, fanboys high pitched whines, and then rumor is proved true.

 

The often stated claim "I have done nothing wrong" springs to mind.

[krystian]

Im Waiting for Mr T's Lawyer's "UNFAIR" 

[Misterwhisper]

And another bit of luster stripped from the saintly halo this self-proclaimed savior - who allegedly cannot do any wrong and is always misunderstood and unfairly treated - created around himself in indescribable arrogance and hypocrisy in order to woo his blind flock of lemmings.

 

Good!    

Edited July 23, 2014 by Misterwhisper

[mikemac]

 

Wow...this case moved fast through the Thai justice system....only took 7 years.

 

 

And of course Thaksin was not a "fugitive from justice" or "politically motivated actions" depending on your stance, at that time so no problem with the suit?

 

Interesting that the result comes now! The wheels of justice,bogged down in  -----?

 

 

In case you have not noticed, the wheels of justice are bogged down in Shinawatras, the PTP, and the ThaiRouge.

Here's hoping they all cop what is due to them.  
 

[Cuchulainn]

^^ The gallows.

[Tatsujin]

Im Waiting for Mr T's Lawyer's "UNFAIR" 

 

It won't be long before either fabbie or another of the red shirt barstool lawyers morons comes on to claim something along those lines.

[sweatalot]

How could this bloke dare to file a suit knowing that the defendant had said the truth?

Did he rely on the pastry method?

[kamahele]

I'm at a loss as to how he can legally sue anyone in Thailand since he is on the lam(b)

Edited July 23, 2014 by kamahele

[khunken]

 

Im Waiting for Mr T's Lawyer's "UNFAIR" 

 

It won't be long before either fabbie or another of the red shirt barstool lawyers morons comes on to claim something along those lines.

 

 

Nah. It'll be the 'but Suthep....' mob first.

[zaphod reborn]

 

Wow...this case moved fast through the Thai justice system....only took 7 years.

 

 

And of course Thaksin was not a "fugitive from justice" or "politically motivated actions" depending on your stance, at that time so no problem with the suit?

 

Interesting that the result comes now! The wheels of justice,bogged down in  -----?

 

 

Yes, there still is a problem with him being absent from the jurisdiction.  When required by the Court, he would have to make a personal appearance.  Thailand's courts frequently require party attendance at mediations and settlement conferences.  How would he engage in those?  The Court wouldn't let him appear via video conference.  Second, what about trial?  Are they going to let him testify via video conference?  Unheard of in Thailand and not even allowed for parties in any other jurisdiction of which I am aware.  The court was probably seeing if he would return in the event of an amnesty to prosecute his defamation case.  When that door was closed, they finally ruled on the merits.

[ramrod711]

The Court said Thaksin became prime minister through an election and had sworn to be loyal to the monarchy and work with honesty.

 

So much for that promise. On the bright side it looks like Thaksin is finally getting the spelling lesson he needs. You all know the problem he has spelling "lose".

[VINCENT2012]

Fugitives from the law shouldn't be able to file lawsuits in the first place.

 

i agree, but money and good friends ....and .connection can give that funny result

Edited July 23, 2014 by VINCENT2012

[Chao Lao Beach]

Interesting concept to get your head around :)

[ChrisY1]

Good.

But surely they could have also dismissed the charge against the defendant by stating the plaintiff is a fugitive from justice and thus has lost the right to sue.

 

Edit. Snap TVGerry

 

Obviously, not here in Thailand....criminals can press charges...even in exile!.........

Again...another great example of the insideous justice system!

[bangrak]

IMHO, plaintiffs should be personally present for the introduction of ANY litigation they decide to initiate, cases being automatically dismissed when it shows plaintiffs themselves are intentionally absent, for any reason, AND, on another side, the 'clock' of the statue of limitation should be stopped when the accused is absent of the country, in any way and length interpretable as an avoidance to hear the charges brought against him, OR, much better, the case should be able to be introduced in front of the Court 'in absentia'! How many big, 'juicy', cases waiting for Thaksin's, hypothetical, 'return', twelve, fifteen, I lost the count? What a nonsense! NCPO, please, and go back ten to twenty years, to serve Justice to guys like Pol. Maj. Chalerm, just to name one, and all the other scum, from all colours of the rainbow, including brown, and green, at last...!

[mrtoad]

Im Waiting for Mr T's Lawyer's "UNFAIR" 

 
It won't be long before either fabbie or another of the red shirt barstool lawyers morons comes on to claim something along those lines.

They must be at his Birthday party

[johna]

Fugitives from the law shouldn't be able to file lawsuits in the first place.

Yes they should, but make them do it in person.

It has become common to sue anyone critical of you or your company for outrageous amounts of money. I think it should be mandatory for those who bring these lawsuits to attend every court session.

[metisdead]

Nonsense posts and replies have been removed.