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Defamation verdict looms for Australian journalist in Thailand


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Defamation verdict looms for Australian journalist in Thailand
AAP

BANGKOK: -- An Australian journalist being tried for defaming the Royal Thai Navy says he is fearful, but hoping he will be found not guilty when the verdict is handed down.

A senior Thai judge at the Phuket criminal court will deliver his ruling on Tuesday in the case against Alan Morison, 67, formerly from Melbourne, and Thai reporter Chutima Sidasathian.

Morison and Chutima face jail terms of up to seven years on the defamation charges as well as breaches of Thailand's tough Computer Crimes Act if found guilty.

"We remain extremely concerned about the outcome, but hopeful that we'll be found not guilty," Morison told AAP.

"Anything less than a no guilty verdict would be bad for freedom of the media really, internationally."

The Royal Thai Navy brought the charges against the reporters when in June 2013 online newspaper Phuketwan republished excerpts from a Reuters report alleging Thai security forces were involved in the smuggling of Rohingya refugees from Myanmar.

The Reuters reporters later were awarded the prestigious Pulitzer Prize for international media reporting. Thai reporter, Chutima, has assisted foreign media, including the Reuters reporters, in arranging key interviews on stories covering the Rohingya issue.

Full story: http://www.9news.com.au/world/2015/08/31/03/37/verdict-looms-for-aust-journo-in-thai-case#HOJ4DIjmmzbyhsld.99

-- 9NEWS 2015-08-31

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A million baht says they will be found guilty of some petty charges, to save the face of the Navy, and will be given the classic "suspended jail sentence" fined and released. They will be found guilty of something, but not do any jail time.

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Truth and facts are not considered as a defense to the deformation and the computer crimes laws in Thailand it seems.

Regardless of the few who have been caught out in this case such as military, politicians and police involvement.

So to standard of application of the law, is calling a person caught stealing from a shop "a thief" can the shop owners be sued for decimation?

Or a person caught with 10,000 yaba tabs a drug dealer? a bar girl a prostitute? Where is the line in the sand??? or is this law only for the rich and powerful?

Whistle blowers, (the messenger) are sacrificed rather then revered in many country's and unfortunately America is one of the worst offenders which mitigates them as proclaiming the morel high ground on truth and justice. Australia included.

Some could suggest there are laws that are used to judicially hijack and to silence people rather than find justice for the people and for the good of the country.

one question should be very publicly asked, Why didn't the navy go after Reuters the original author's of the article? (answer, they are to big? can't win?)

And why are Reuters not very publicly being seen to help the two journalist's in question?

Also I'm sure that behind the scenes the Australian gov are active in the case, BUT they need to be a lot more public, unfortunately this is most often seen as one government as interfering in another's business rather than holding the country to account. treading quietly didn't work for the recently executed people in Indonesia now did it? They were used as political pawns for the Indonesian ruling leader. A political co_k up that will have backlash for quite a while.

The country has a major opportunity to show the international community that it is developing into an internationally acceptable judicial system with clarity, transparency and equality under the law.

Unfortunately history is quite the looking glass.

Kill 9 people in a minivan, connected, walk away, pick wild mushrooms and poor, 15 years gaol.

My prediction is that they will be found guilty as charged and sentenced to X years in gaol, and then have the sentence commuted on conditions XYZ.

The gaoling of journalist's is a very controversial thing, the world is watching.

"Truth is treason in an empire of lies" quote; Dr Ron Paul.

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I'm guessing Mr Morrison feels exactly the same way about it as firemedic .coffee1.gif

Post coup Thailand is coming down very hard on everyone,locals and foreigners.

The bombing is only going to make them more paranoid.

Morrison will be changing his underwear on the hour waiting for the verdict.

He's got a chance.

Edited by jalansanitwong
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Truth and facts are not considered as a defense to the deformation and the computer crimes laws in Thailand it seems.

Regardless of the few who have been caught out in this case such as military, politicians and police involvement.

So to standard of application of the law, is calling a person caught stealing from a shop "a thief" can the shop owners be sued for decimation?

Or a person caught with 10,000 yaba tabs a drug dealer? a bar girl a prostitute? Where is the line in the sand??? or is this law only for the rich and powerful?

Whistle blowers, (the messenger) are sacrificed rather then revered in many country's and unfortunately America is one of the worst offenders which mitigates them as proclaiming the morel high ground on truth and justice. Australia included.

Some could suggest there are laws that are used to judicially hijack and to silence people rather than find justice for the people and for the good of the country.

one question should be very publicly asked, Why didn't the navy go after Reuters the original author's of the article? (answer, they are to big? can't win?)

And why are Reuters not very publicly being seen to help the two journalist's in question?

Also I'm sure that behind the scenes the Australian gov are active in the case, BUT they need to be a lot more public, unfortunately this is most often seen as one government as interfering in another's business rather than holding the country to account. treading quietly didn't work for the recently executed people in Indonesia now did it? They were used as political pawns for the Indonesian ruling leader. A political co_k up that will have backlash for quite a while.

The country has a major opportunity to show the international community that it is developing into an internationally acceptable judicial system with clarity, transparency and equality under the law.

Unfortunately history is quite the looking glass.

Kill 9 people in a minivan, connected, walk away, pick wild mushrooms and poor, 15 years gaol.

My prediction is that they will be found guilty as charged and sentenced to X years in gaol, and then have the sentence commuted on conditions XYZ.

The gaoling of journalist's is a very controversial thing, the world is watching.

"Truth is treason in an empire of lies" quote; Dr Ron Paul.

Modern day Thai law..........Poor Thais who have killed a dog/cat (regardless of circumstances ) have to pay 6000 b fine to the owner or go to prison for 2 YEARS! Most cant borrow the money so its off to prison with them. A farang could be fined 40,000 for the same offence expecially if the

owner is a person with influence. The rich kid of Red Bull fame killed a cop and basically refused to attend court. Case dismissed after 12 months ,wasnt it? The law here will only get worse.

Farangs should avoid police,lawyers & courts like the bubonic plague.

Edited by jalansanitwong
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The junta believes that the foreign press has been unfair in its reporting of the coup and subsequent events. They ain't seen nothin' yet if this verdict goes against the 2 journos

You're likely correct....there would be repurcussions for the country.......unfortunately, I just can't see a judge giving a decision against the RTN...he would have to be one very brave judge!

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Thailand always gets a free pass on this kind of repression of truthful reporting. It is too useful to all sides in the global strategic situation. No major country is willing to apply very heavy pressure on Thailand over this case.

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Truth and facts are not considered as a defense to the deformation and the computer crimes laws in Thailand it seems.

Regardless of the few who have been caught out in this case such as military, politicians and police involvement.

So to standard of application of the law, is calling a person caught stealing from a shop "a thief" can the shop owners be sued for decimation?

Or a person caught with 10,000 yaba tabs a drug dealer? a bar girl a prostitute? Where is the line in the sand??? or is this law only for the rich and powerful?

Whistle blowers, (the messenger) are sacrificed rather then revered in many country's and unfortunately America is one of the worst offenders which mitigates them as proclaiming the morel high ground on truth and justice. Australia included.

Some could suggest there are laws that are used to judicially hijack and to silence people rather than find justice for the people and for the good of the country.

one question should be very publicly asked, Why didn't the navy go after Reuters the original author's of the article? (answer, they are to big? can't win?)

And why are Reuters not very publicly being seen to help the two journalist's in question?

Also I'm sure that behind the scenes the Australian gov are active in the case, BUT they need to be a lot more public, unfortunately this is most often seen as one government as interfering in another's business rather than holding the country to account. treading quietly didn't work for the recently executed people in Indonesia now did it? They were used as political pawns for the Indonesian ruling leader. A political co_k up that will have backlash for quite a while.

The country has a major opportunity to show the international community that it is developing into an internationally acceptable judicial system with clarity, transparency and equality under the law.

Unfortunately history is quite the looking glass.

Kill 9 people in a minivan, connected, walk away, pick wild mushrooms and poor, 15 years gaol.

My prediction is that they will be found guilty as charged and sentenced to X years in gaol, and then have the sentence commuted on conditions XYZ.

The gaoling of journalist's is a very controversial thing, the world is watching.

"Truth is treason in an empire of lies" quote; Dr Ron Paul.

or is this law only for the rich and powerful?

Is this a serious question???

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Truth and facts are not considered as a defense to the deformation (defamation)

or is this law only for the rich and powerful?

Yes, on both counts. Sakdina and the legacy of the Thai "legal" system ( Law of the Three Seals ) dictates that the higher status person merely has to show that his reputation damaged, by what the "defamer" has said. And the higher status person's version of events always trumps that of the lower status person (accuser or defamer).

What is amazing about these cases is that even more detail and attention get drawn to the defamed parties' actions with these cases, with the additional publicity. But I guess, they see enforcement of these charges as a way to insure future stability of the feudal system, and if they cave on this, or any, case, their whole way of life will erode?

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Typical use of the defamation laws here to intimidate and stifle free speech. In the same category as LM laws. A total disgrace.

I am sure the Thai judicary feel confident now, especially after the verdict in Egypt.

The junta believes that the foreign press has been unfair in its reporting of the coup and subsequent events. They ain't seen nothin' yet if this verdict goes against the 2 journos

You're likely correct....there would be repurcussions for the country.......unfortunately, I just can't see a judge giving a decision against the RTN...he would have to be one very brave judge!

its funny, coz only 2 days ago I was reading how the Deputy Prime Minister was saying : "Freedom of Speech still exists" !! Lol

also: @ ChrisY1: you said he has to be a Brave judge to go against the Thai Navy. (Does this mean that there is no Jury?)

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"The Royal Thai Navy brought the charges against the reporters when in June 2013 online newspaper Phuketwan republished excerpts from a Reuters report alleging Thai security forces were involved in the smuggling of Rohingya refugees from Myanmar."

When you put someone on trial for quoting an internationally recognized source of information, you are declaring that Thailand gets to define their own truth, which is infantile, egomaniacal, insipid and smugly deranged.

Either the Royal Thai Navy is unbelievably negligent, unbelievably negligent, or lying

Everyone knows what is going on here, and another

puppet show of corruption from this government

dressed up in tin foil truth.

annoyed.gif

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Thailand always gets a free pass on this kind of repression of truthful reporting. It is too useful to all sides in the global strategic situation. No major country is willing to apply very heavy pressure on Thailand over this case.

None the less politicians world wide watch this in the hopes they can use something similar without upsetting the electorate. Politicians are constantly looking for a edge/wedge they can drive in and divide the people and assert their power in doing so.

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The Thai courts have a chance today to show they have common sense, unbiased and that the law protects those who speak out against corruption and unfair practice. This is an opportunity for the law to make world headlines for the right reasons. Good luck today for the two journalists. I truly hope I am proved wrong.

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