Defamation suit hits veteran BBC correspondent for reports on fraud

[webfact]

Defamation Suit Hits Veteran BBC Correspondent for Reports on Fraud
By Pravit Rojanaphruk
Senior Staff Writer


BBC correspondent Johnathan Head, at right, confronts Phuket lawyer Pratuan Thanarak in a scene from a September video report for BBC Two.

BANGKOK — One of the most well-known foreign correspondents in Thailand is facing a criminal complaint as a result of his reports in September about two Western expats allegedly defrauded of their investments.

The first pretrial hearing against BBC Southeast Asia correspondent Jonathan Head starts Monday in a suit brought by a lawyer, Pratuan Thanarak, on charges of defamation and violating the Computer Crimes Act by spreading false allegations about his alleged role in the fraught scheme against two expats in Phuket.

Full story: http://www.khaosodenglish.com/detail.php?newsid=1454838111&typecate=06&section=


-- Khaosod English 2016-02-08

[manarak]

A good test for the Thai legal system. Let's see what the courts say.

[ukrules]

While this defamation law is in force it will always be used by criminals to cover up their crimes or exact a measure of revenge on someone who writes about them.

It's a law that appears to have been designed to make people keep their mouths shut and silence journalists.

[davehowden]

Thailand Motto:

Never loose an opportunity to look stupid if you can.

Wonder how the case against National Geographic is going !!

[Bluespunk]

"The first pretrial hearing against BBC Southeast Asia correspondent Jonathan Head starts Monday in a suit brought by a lawyer, Pratuan Thanarak, on charges of defamation and violating the Computer Crimes Act by spreading false allegations about his alleged role in the fraught scheme against two expats in Phuket."

From what I read of what was written, no false claims were made. Just a narrative of events.

The lawyer doesn't come out of it well, at best he appears to be lazy and incompetent.

How can that be cause for a defamation allegation...oh, wait...forgot myself for a moment there...forget where my head is next.

[never me]

They will do anything to stop "Freedom of speech"

[mrrizzla]

These types really hate it when you pull them up on their corruption! This guy, national fruit and the plagerizing Chua professor.

Mr Head may experience bricks through his car windshield soon.

[terryp]

As they say a fool and his money are easily parted …needless to say there are many many fools in Thailand, they burnt me once, but never again …I give this country nothing

I shudder when is see people paying 10, 20, 30+ million for a house

[Laughing Gravy]

As Thailand seems so pledged to keep its image to the world then having cases like this and others, does nothing but make people abroad look at it and laugh. Its image is not seen in a positive light and with the world glued to social media, it will not be able to stop the ridicule from this story. When will it learn!

[ezzra]

To all the expats who lives in Thailand for a while now, the truth is plain to see, lawyers in Thailand

are a nothing but a Bunch of crocks with a diploma, and I'm speaking from personal and costly experience....

however, it up to the defended now to prove a crock to be a crock, I hope he will succeeds in

doing so...

[craigt3365]

The video is here:

http://www.thaivisa.com/forum/topic/856992-defrauded-by-my-wife-and-criminals-in-thailand-bbc-special-report/

[ferguston]

I'd be well fraught to be part of a fraught scheme, whatever that is!

[craigt3365]

Seems he's got a good case. Skip to about minute 6:30. Scary.

[NongKhaiKid]

Just where would certain people be without the ever popular defamation, and when appropriate, LM laws ?

[selftaopath]

While this defamation law is in force it will always be used by criminals to cover up their crimes or exact a measure of revenge on someone who writes about them.

It's a law that appears to have been designed to make people keep their mouths shut and silence journalists.

In so many ways, this place seems like it has it's "head" up its ___________

[Familyaffairs]

Although I am no great fan of Mr Head for his skewed, unsided reporting on the political crisis pre-coup, I am with him on this one.

[Familyaffairs]

Although I am no great fan of Mr Head for his skewed, one-sided reporting on the political crisis pre-coup, I am with him on this one.

Corrected unsided to one sided

[BwindiBoy]

They will do anything to stop "Freedom of speech"

Forgive them...for they know, not, what it is...

[selftaopath]

As Thailand seems so pledged to keep its image to the world then having cases like this and others, does nothing but make people abroad look at it and laugh. Its image is not seen in a positive light and with the world glued to social media, it will not be able to stop the ridicule from this story. When will it learn!

LOL... learning in this place is not a priority or done often. So it'll remain backward.... paralized..... corrupt.

[jayboy]

Although I am no great fan of Mr Head for his skewed, unsided reporting on the political crisis pre-coup, I am with him on this one.

That's your view and I appreciate Jonathan Head became a hate figure for the myopic mainly Sino Thai urban middle class.However his true offence was to scrutinise the cynicism and deceipt of the unelected elites.These people and the useful idiots in their trail cannot bear any deviation from the approved narrative.The predictable but utterly stupid suggestion that he was sympathetic to Thaksin can be demolished simply by looking at what JH said and wrote.

I have it on the personal opinion of Khun Anand Panyarachun - universally regarded as someone of knowledge and integrity - that JH is a journalist of the highest distinction.

[craigt3365]

Seems the crux is the notary public.

http://www.thailawonline.com/en/others/public-notary-in-thailand.html

However, Thailand has not yet enacted OFFICIALLY an Act of the Parliament for “Notary Public” which could make a problem. At the moment, it's only a regulation of the Thai Lawyer's council. For instance, if you need a document to be used in a Foreign Court of justice, and if the other party contest this document, they could win. They could plead that Thai Law does NOT recognize notarial services, which is true.

I use to have to do a lot of these, luckily, no more. Many times, the US won't accept a document notarized here. I have to go to the US embassy for this. And for good reason. One document I signed was OK to be notarized here. I gave the form to the "lawyer" and he stamped it. I hadn't even signed it yet! And he didn't even look at what the document was. Nor did he look at my ID. Something which is required by a notary in the US.

As for defamation, it doesn't have to be true for this lawyer to win. He just has to lose business. Sick law.

[aussieinthailand]

As they say a fool and his money are easily parted …needless to say there are many many fools in Thailand, they burnt me once, but never again …I give this country nothing

I shudder when is see people paying 10, 20, 30+ million for a house

"As they say a fool, and his money are easily parted". What the? did you read the post? are you at all familiar with the story?

This bloke did everything right, and protected himself as far as possible, unfortunately his wife (possibly with help) found ways to relive him of his assets.

The lawyer that notarized the signature giving her power of attorney according to the story did so without the man standing in front of him and just notarized the signature anyway which I believe is not legal, and J. head pointed that out to him and he is being shown up for it and doesn't like it.

Now if the country wants to regain face on an international level then there really is only one thing it can do, the world is watching, and there are several high profile cases out there.

The only other way to not be ripped off is don't a home rent, BUT, there's plenty of stories out there of people renting and also being ripped off.

[boomerangutang]

I wish Head the best in this case. It's a skewed playing field. Will there be a counter-suit?

[rosst]

As they say a fool and his money are easily parted …needless to say there are many many fools in Thailand, they burnt me once, but never again …I give this country nothing

I shudder when is see people paying 10, 20, 30+ million for a house

I find it almost incomprehensible that people smart enough to have that kind of money are unable to calculate and act on evidence of risk involved.

Normally they would have someone as an adviser who will point it out and they probably have ignored that advice at their peril. It is difficult to feel sympathy for them.

Let us hope that Mr. Head has the editorial and financial support of his employer as we are aware that in Thailand you can have all the justice you can afford. Oooo, I hope that is not defamatory,

[wandasloan]

While this defamation law is in force it will always be used by criminals to cover up their crimes or exact a measure of revenge on someone who writes about them.

Yes it will. Just as it will always be used by people who have been defamed or libelled or slandered. Evil and nasty and brutish and outlaw people use every law. So do law-abiding citizens.

For example, in this case, the journalist could sue the lawyer if he believes the lawyer is slandering him or libelling him in the lawsuit - which it sort of sounds like he is.

It's a law that appears to have been designed to make people keep their mouths shut and silence journalists.

The law itself wasn't designed, it was copied. If you are from the UK or Europe or North America you will be quite familiar with it.

BUT there is one huge difference in that it is both a civil and a criminal law. The language and the provisions of the law are straight out of British law. It's the penalty phase that makes it (I think) unique to Thailand. Until then, you get to charge/defend just as you would anywhere.

[does]

My throught entirely, but I would add that Mr Head should be "rotated" after so many years here...

Although I am no great fan of Mr Head for his skewed, unsided reporting on the political crisis pre-coup, I am with him on this one.

[klauskunkel]

The defamation law has been around since 1957. The only major change this law ever saw was in 1992 when it's maximum penalty was increased. Therefore, it is obviously an extremely useful law, useful to any government since it's inception, useful to the Thai establishment. It will not go away, it is here to stay. Forever and ever. People in power use it, opposition uses it, companies use it. Useful. I think who ever thought up this law should have a statue in front of the Ministry of Justice (the military could raise funds for it, they have experience).

[trogers]

It is illegal for a foreigner to own land. A fact.

It is illegal to use nominees to own land. Another fact.

Buying land for a spouse means gifting the money to the spouse. Another fact.

How did the foreigner suffer fraud?

[jayboy]

My throught entirely, but I would add that Mr Head should be "rotated" after so many years here...

Although I am no great fan of Mr Head for his skewed, unsided reporting on the political crisis pre-coup, I am with him on this one.

It seems that foreign journalists in Thailand just cant win.Relative newcomers are told they cant possibly understand Thailand's unique politics.Those who have been here long enough to have acquired knowledge and experience are told they should be "rotated".

Basic message seems to be as I noted earlier is that foreign journalists are not encouraged to deviate from the approved narrative.

[theguyfromanotherforum]

Aren't laws in Thailand quite clear?

You can't own a house.

He bought a house.