Sondhi acquitted of insulting Thaksin

[webfact]

Sondhi acquitted of insulting Thaksin



BANGKOK: -- The Supreme Court today acquitted Sondhi Limthongkul of insulting former premier Thaksin Shinawatra in an address to the yellow-shirt protesters at a political rally in 2006.

Sonthi, the former leader of the yellow-shirt People’s Alliance for Democracy (PAD), was accused of insulting Thaksin when he told the people at a rally in March 2006 that Thaksin used money to buy supporters, and accused him of addicted to black magic.

Both Sondhi and his Manager Newspapers editor Khunthong Loserivanich were later brought to the Criminal Court for defamation charge.

But at today’s hearing of the final ruling at the Criminal Court’s room, the verdict of the final court read before the presence of Sondhi and Khunthong, said the plaintiff did not give testimony on how he accused Thaksin of addicting to black magic.

On the contrary, the defendant had explained in his appeal that Thaksin believed in black magic, citing spiritual rites at Government House and merit-making rite at the temple of the Emerald Buddha tom support his charge.

The Supreme Court then declared that as Thaksin was a public figure, it was then justified to be criticised. Moreover the defendant’s criticism was made out of honesty.

It disagreed with the ruling of the Appeals Court, and reversed its ruling on the defamation charge.

However the Supreme Court upheld the other rulings of the Appeals Court.

The Criminal Court (first court) had earlier sentenced Sonthi three years in prison, and Khunthong two years and 40,000 baht fine each for defamation charge. But the prison term for Khunthong was put on a two-year probation with reason he had no record of imprisonment.

Both appealed the sentences. The Appeals Court later commuted the prison term of Sondhi to one year.

However the jail sentence was suspended for two years, and the fine was reduced to 20,000 baht.

For Khunthong, the Appeals Court acquitted him of the charge.

Source: http://englishnews.thaipbs.or.th/sondhi-acquitted-of-insulting-thaksin


-- Thai PBS 2015-10-21

[zaphod reborn]

The correct decision, but for the wrong reason. It is good to see the Supreme Court give some recognition of the "public figure" status of the plaintiff, which invokes a higher standard of proof in a defamation case. However, the case should have been dismissed for Thaksin's failure to appear at trial. You can't prove a criminal defamation case on "written witness statements" because it deprives the defendant of his right of cross-examination. A basic constitutional right that goes unnoticed in Thailand, because the criminal code is 100 years out of date.

There are numerous reasons that Sondhi should be behind bars, Thaksin's defamation case wasn't one of them.

[canopus1969]

The Supreme Court then declared that as Thaksin was a public figure, it was then justified to be criticised.

Good news, so does that mean we can criticise any public figures

[AGareth2]

try saying that about the general

[Artisi]

There shouldn't have been any acquittal as it wasn't necessary - it shouldn't have even commenced and declared a non-event 5 minutes after commencement due to the non appearance of the plaintiff.

[sawadee1947]

The correct decision, but for the wrong reason. It is good to see the Supreme Court give some recognition of the "public figure" status of the plaintiff, which invokes a higher standard of proof in a defamation case. However, the case should have been dismissed for Thaksin's failure to appear at trial. You can't prove a criminal defamation case on "written witness statements" because it deprives the defendant of his right of cross-examination. A basic constitutional right that goes unnoticed in Thailand, because the criminal code is 100 years out of date.

There are numerous reasons that Sondhi should be behind bars, Thaksin's defamation case wasn't one of them.

Nonsense, you mixed up two cases. The decision is absolutely right!

[webfact]

Supreme Court says Thaksin has superstitious behaviors
The Nation

BANGKOK: -- The Supreme Court ruled Wednesday that former prime minister Thaksin Shinawatra really behaved in a way that indicated he believes in superstition so Sondhi Limthongkul, Manager Group owner, was not wrong to criticise his belief.

The Supreme Court threw the libel suit filed by Thaksin against Sondhi on ground that the former prime minister had behaviors as criticised by Sondhi when the Manger owner spoke during rallies from March 6 to 24.

Thaksin sued Sondhi, a former leader of the defunct People's Alliance for Democracy, for having allegedly defamed him by saying he was obsessed with superstition.

The primary court convicted Sondhi and sentenced him to be three years in jail. The Appeals Court later upheld the conviction but it reduced the sentence to one year in jail.

But the Supreme Court Wednesday ruled that Thaksin failed to disprove during the court trial that he did no have superstitious behaviors as pointed out by Sondhi during the rallies.

The Supreme Court said Thaksin was the prime minister so Sondhi had the rights to question his superstitious behaviors as such practices could affect the people's faith.

As a result, the court threw out the suit against Sondhi and the publisher editor of The Manager.

Source: http://www.nationmultimedia.com/breakingnews/Supreme-Court-says-Thaksin-has-superstitious-behav-30271319.html


-- The Nation 2015-10-21

[than]

Until his fall, defamation trial was the main Thaksin tools to silent his opponent

[DNPBC0]

I now therefore presume it's OK to challenge those with superstitious beliefs in, to take only one of many examples, the fraudulent GT200 device.

[scorecard]

The Supreme Court then declared that as Thaksin was a public figure, it was then justified to be criticised.

Good news, so does that mean we can criticise any public figures

Well there's a massive twist of what was really said.

[ggt]

"Sticks and Stones will break my bones...but Words will never hurt me...unless I was born Thai"

Immature behavior by the highest of Thai officials...

Lets agree to settle this in a manly manner..."guns or swords?"

[oneday]

Wow! What a surprise.

[tbthailand]

sondhi vs thaksin

who cares...

Public figures, no that is more interesting....

can we "insult" Uncle Goh Hok?

[EnglishJohn]

I now therefore presume it's OK to challenge those with superstitious beliefs in, to take only one of many examples, the fraudulent GT200 device.

That was more total scientific ignorance coupled with arrogance than superstition. It remains my biggest black mark against Prayuth, and even that 'Porntip' woman said they worked - and Thai's seem to hail her as some kind of super-sleuth.

Educated farang often forget just how backwards a lot of people are here regarding education and judge their ignorant comments quite harshly.

[tumama]

The Phra Phrom Erawan Shrine incident[edit]

In the early hours of 21 March 2006, 27-year-old Thanakorn Pakdeepol entered the popular Phra Phrom Erawan Shrine in central Bangkok and attacked the figure of Brahma with a hammer. After he destroyed the statue, he was immediately attacked and beaten to death by several people who witnesses it. Thanakorn had a history of mental illness and depression.^[41]

On his talk show the following day, Sondhi claimed that Thaksin Shinawatra had masterminded the destruction in order to replace the image of Brahma with a "dark force" aligned to Thaksin.^[42] Sondhi claimed Thaksin had hired Thanakorn through Khmer (Cambodian) black-magic shamans.^[43]

However, the vandal's father, Sayant Pakdeepol, denied the accusation and called Sondhi "the biggest liar I have ever seen". Thaksin called Sondhi's accusations "insane".^{[citation needed]}

^{https://en.wikipedia.org/wiki/Sondhi_Limthongkul#The_Phra_Phrom_Erawan_Shrine_incident}

Right, so he claims that Thaksin masterminded the destruction of the image of Brahma through some mentally insane person. I wonder who is insane. In fact, I wonder how insane the judges are for not finding this man guilty. But yeah, according to all Thaksin haters here, the problem lies only with Thaksin. There was no corruption here before Thaksin and there is no corruption now.

[Thai at Heart]

So according to a court, making merit is black magic. Strewth... These cases are ridiculous.

[lucky11]

There shouldn't have been any acquittal as it wasn't necessary - it shouldn't have even commenced and declared a non-event 5 minutes after commencement due to the non appearance of the plaintiff.

A fugitive on the run should have no voice and should be stopped from filing lawsuits until he has served his own sentence!!