Thai court rejects defamation case against British labor activist Andy Hall

[webfact]

Thai court rejects defamation case against UK labor activist 

NATNICHA CHUWIRUCH, Associated Press

 

Andy Hall. File photo

 

BANGKOK (AP) — Thailand's top court Thursday dismissed a criminal defamation case against British labor activist Andy Hall that had been brought by a local fruit canning company and the attorney general, but his suspended prison sentence in a related case still stands.

 

Hall faces two more civil defamation cases brought by the canning company as part of an all-out legal assault that have raised serious concerns among human rights workers and free speech advocates.

 

On Thursday the Supreme Court said it was throwing out an appeal by the attorney general and Natural Fruit Co. Ltd. against a decision by lower courts exonerating Hall.

 

The case relates to an interview that Hall gave to Al-Jazeera television network in Myanmar in April 2013 about his earlier criminal prosecution by Natural Fruit. The Supreme Court said the appeal has no legs to stand on because the allegedly defamatory act was committed in Myanmar where Thai courts have no jurisdiction. It also cited flawed and unlawful interrogation process during police investigation of the case to dismiss the appeal.

 

"I feel very happy about the verdict as this case was an injustice to me," Hall said after the verdict.

 

Hall said he will now sue the attorney general, the police, the prosecutor and Natural Fruit Co. Ltd. for unlawful prosecution and perjury.

"I do so with deep regret and not at all in anger or through any desire for personal retribution. It is necessary to launch these counter prosecutions simply because I must defend myself fully against judicial harassment by Natural Fruit that shows no signs of abating," he said.

 

The case has underlined complaints by critics that Thailand's punitive criminal defamation laws can be used to silence whistleblowers and social critics. The law carries a maximum penalty of seven years imprisonment.

 

Hall has been active for several years in Thailand in labor rights advocacy, especially involving migrant workers, who lack protections both in practice and under the law.

 

His legal troubles are in connection with a 2013 report he researched for the Finnish consumer organization Finnwatch that alleged labor abuses at Natural Fruit Co. Ltd. facilities.

 

In September, the Bangkok South Criminal Court found Hall guilty of criminal defamation against Natural Fruit, and sentenced him to four years in prison, reduced by one year and suspended by two years. He was also fined 150,000 baht, which he paid to secure his freedom. That sentence remains, but Hall is planning to appeal against the conviction.

 

He also has to deal with two other pending civil defamation cases by Natural Fruit.

 

"The campaign of judicial harassment that has been waged against Andy Hall for almost four years now has already sadly been successful." said Sonja Vartiala, executive director of Finnwatch. "As many have feared, this campaign has also had a negative impact far beyond the case of Andy himself. We have heard from a number of migrant workers and activists how they are now deeply afraid to speak out on abuse workers face from Thai employers," she said.

 

-- © Associated Press 2016-11-03

[MaxLee]

Watch out Andy,.... don't get shot..... don't ever come back to Thailand. You're a hunted man there now,..... just saying....

Edited November 3, 2016 by MaxLee

[performance]

One legitimate Thai can help turn the country around. Good to see he was upholding the right. Many of these so called authorities have been cheating so long that they believe there own shit.

[performance]

The attorney general should be sued. But good luck with that. The police well that is laughable. They all should be removed and rebuilt. Never going to happen. To many hands being greased. There is no 20 year reform. To reform these simpletons it takes 1 year. This is a side step by all concerned. namely the regime. What reform when we have our own military law lol. We do not intend to return any country. When we do let them fix it. 

[Enoon]

Does this mean that a precedent (if such a thing exists in Thai law) has been established that one cannot defame outside Thailand?

 

What now of the desired extraditions for LM?

 

Is there something "blowin' in the wind"?

[khunyod]

43 minutes ago, Enoon said:

Does this mean that a precedent (if such a thing exists in Thai law) has been established that one cannot defame outside Thailand?

What now of the desired extraditions for LM?

Is there something "blowin' in the wind"?

 

Would if that were the case. In some of these LM issues, the so-called defamation occurred while the alleged suspects were in Thailand, and also many of these come through computer crimes acts. In addition, LM is different than simple defamation, or at least there are those who pretend it is.

[waldroj]

At last! Some sanity relating to defamation in Thailand. 

 

Let's hope MaxLee's warning (above) doesn't prove to be prophetic. 

[tubby johnson]

Natural Fruit didn't offer enough cash to the judges. Foolish.

 

Let's hope sanity prevails and Andy Hall is exonerated and freed soon. In the meantime, we'll continue our boycott of Natural Fruit.

[xtof2]

What a GOOD - and such incredible - news !

 

Go... Andy...Go !

 

And thanks for what you're doing

[elgordo38]

Bravo Any but somehow I think it ain't over till its over or the Fat Lady sings. These guys are to powerful to give up on you they want your blood and a pound of flesh. Get a new passport and run while the gittins good. 

[BlindMagician]

Boycott Natural Fruit products.

[gamini]

1 hour ago, tubby johnson said:

Natural Fruit didn't offer enough cash to the judges. Foolish.

 

Let's hope sanity prevails and Andy Hall is exonerated and freed soon. In the meantime, we'll continue our boycott of Natural Fruit.

Typical Thai bashing. Anything that is good in Thailand is crudely bashed by you. I really wish the judge involved could see your email and you be jailed for contempt of court as you would be in any other country for making such allegations.

[klauskunkel]

Way to go Andy Hall and Thai Supreme Court!

Quote

It also cited flawed and unlawful interrogation process during police investigation

Poor RTP, need a hug?

[tubby johnson]

30 minutes ago, gamini said:

Typical Thai bashing. Anything that is good in Thailand is crudely bashed by you. I really wish the judge involved could see your email and you be jailed for contempt of court as you would be in any other country for making such allegations.

 

I've sent him a crate of canned jackfruit to keep him happy. He won't prosecute me any time soon.

I'll send you a box of humble pie.

[JustNo]

I did not see that coming, good on you Andy and keep up the virtuous life and fighting for good causes mate. 

Edited November 3, 2016 by JustNo

[n210mp]

An indication of the  Thai media's good  and unbiased  reporting and obvious impartiality when , naming him so disrespectfully  as "Hall" in their reporting  tells me more about them then it does about the alleged Perp!

 

If they were reporting on a Thai that had committed an assault or embezzled a temples fund etc., they would refer to the person as "Khun"

[dunroaming]

Good news.  Thank god for people like Andy!

[cumgranosalum]

Although this is a positive step, the whole fiasco is yet another example showing the rest of the world what an illogical cumbersome and unfair justice system there is is Thailand.

[joecoolfrog]

He is a brave man , one may question his politics but not his integrity.

[SGD]

The problem is that were you to remove all the bad apples, even assuming such a herculean task were possible, that there is no system in place to provide adequate salaries for these people.

 

The whole system is built on corruption and kickbacks and without these, there would be no authority because there is no fair reward system in place as an alternative.

[Jai Dee]

Several troll posts (and replies) have been removed from this thread.

[dunroaming]

18 minutes ago, bark said:

You get paid, you are doing a  job. After the money stops, you move on. Save the Whales; Plant a tree, etc.

You work for free, then I believe.

 

Clearly you will never understand the concept of standing up for something.  There are many people like Andy fighting for the people who have no voice of their own.  Whatever he is being paid is nowhere near enough!  Usually the money comes from charities, ever given to one?

[window]

The Muppet should stay in Britian and keep his nose out of other countries business.

[Iumentum]

2 minutes ago, window said:

The Muppet should stay in Britian and keep his nose out of other countries business.

 

Then maybe every citizen of the world should stay away from Thailand? Whoopti, there went one of the main incomes for Thailand! Maybe every country with respect for themselves should stop all kind of business with the Thai industry? Whooti, there went the rice export industry as well.

Maybe you should consider thinking before suggesting such nonsense!

[tbthailand]

5 hours ago, webfact said:

the Supreme Court said it was throwing out an appeal by the attorney general and Natural Fruit Co. Ltd. against a decision by lower courts exonerating Hall.

 

The AG was going along with this? And Prayuth pretends that he understands human rights?

 

5 hours ago, webfact said:

It also cited flawed and unlawful interrogation process during police investigation of the case to dismiss the appeal.

 

no surprise, ... unlawful interrogation = standard operating procedures ....

 

5 hours ago, webfact said:

Hall said he will now sue the attorney general, the police, the prosecutor and Natural Fruit Co. Ltd. for unlawful prosecution and perjury.

Go for it, man... 

[Thaidream]

Actually untrue re charities- In the US Charities re strictly monitored by the Internal Revenue Department to make sure that they are legitimate and are not a money making opportunity for themselves and leadership. Th norm for a legitimate charity is 10-12% going to salaries and administrative costs.  The Clinton Foundation must meet the same guidelines and it does. You may want to see their annual report and the independent auditors reports on it. The Clinton foundation is being investigated for other things such as influence peddling and conflict of interest.

 

[MaxLee]

30 minutes ago, Iumentum said:

 

Then maybe every citizen of the world should stay away from Thailand? Whoopti, there went one of the main incomes for Thailand! Maybe every country with respect for themselves should stop all kind of business with the Thai industry? Whooti, there went the rice export industry as well.

Maybe you should consider thinking before suggesting such nonsense!

 

You should also take into consideration, Mr. Andy Hall would get himself killed, if he ever comes back to Thailand,.... the high influential authorities can just bypass the laws by any means and in any OF THEIR WAYS.....

[bark]

2 hours ago, tubby johnson said:

Natural Fruit didn't offer enough cash to the judges. Foolish.

 

Let's hope sanity prevails and Andy Hall is exonerated and freed soon. In the meantime, we'll continue our boycott of Natural Fruit.

I'm sure Natural Fruits ; is really hurting from your Boycott :)

And did you eat their product before ?

[Iumentum]

1 minute ago, MaxLee said:

 

You should also take into consideration, Mr. Andy Hall would get himself killed, if he ever comes back to Thailand,.... the high influential authorities can just bypass the laws by any means and in any OF THEIR WAYS.....

 

Not sure what your point is about it. I am very well aware of the dangers he will put himself in, if he ever put a foot on thai soil.

My point is that saying that he should mind his own business is asking everyone to do so. We all as consumers for a responsibility, hence why it is folly to say that he should mind his own business. Thailands main incomes is from tourist industry and rice export, and if we as consumers should mind our own business, we should also take our business elsewhere. In other words, you cannot have the cake and eat it too.

[Yann55]

50 minutes ago, dunroaming said:

 

See Oxfam too.  What has that got to do with the good guys fighting for the people's rights?  Or do you have to try and get Clinton bashing into any post you can?

 

Well, his name is 'bark', right ? So ... that's what he does ....