Thaksin Drops All Lawsuits

[sabaijai]

Thaksin drops all lawsuits

Prime Minister Thaksin Shinawatra has dropped all defamation lawsuits against arch-critic Sondhi Limthongkul and associates in accordance with His Majesty the King’s birthday advice for leaders to accept criticism, his lawyer said yesterday.

On Thaksin’s instructions, Thana Benjathikul, the prime minister’s principal lawyer, visited the Criminal and Civil courts on Ratchadaphisek Road yesterday afternoon and dropped all six criminal and civil lawsuits, which sought a total of two billion baht in compensation.

Thana told the dozens of reporters waiting outside the courts that the prime minister’s decision was in accordance with His Majesty’s annual December 4 address, on the eve of his 78th birthday.

His Majesty’s speech in essence said that there was nothing wrong with fair criticism, even of the monarch. Furthermore, His Majesty said that the constitutional definition of lèse-majesté should not be taken literally and that criminal lawsuits should not be filed against critics.

“Lawyers teach the prime minister to sue and punish [those who criticize],” said the King. “Do not punish them, it is not good. In the end, the prime minister is not troubled but the King is troubled.” Thana said Thaksin heeded His Majesty’s words and was willing to forgive his fiercest critics for the sake of the country.

“I am acting under the direct command of the prime minister to drop all six lawsuits against Sondhi, Sarosha [Pornudomsak] and Phoojadkarn [Manager] immediately,” Thana said. “They are the three civil lawsuits that demanded a total of two billion baht in compensation and the three criminal lawsuits,” he said.

“The prime minister also forgives all parties, and wants to forge harmony in the country,” he said.

Furthermore, Thana suggested that senior provincial police officers, including a former classmate of Thaksin’s, also drop lèse-majesté charges they made against Sondhi last month. “After what the King said, those who filed lèse-majesté complaints should go and drop their charges,” Thana said.

However, Thana declined to answer whether other defamation suits against journalists and media advocates by companies and people close to the government should also be dropped – in particular, the 400-million-baht civil lawsuit filed in 2003 by Shin Corp, a company owned by the Shinawatra family, against Supinya Klangnarong, a young media reform activist.

“I am not personally responsible for the [supinya] case, and the [shin Corp] lawyers will need to discuss further what they will do now,” he said.

Thana refused to rule out future legal action in response to “false accusations.” He also said he would continue to pay close attention to the Thailand This Week talk show hosted by Sondhi and Sarosha every Friday in Lumphini Park, and other political programs.

“I will still need to monitor various political television shows,” said Thana. “We will listen to advice while we decide how to deal with those programs that violate personal rights,” he said, adding: “I cannot say that no more lawsuits will be filed in the future.”

Suwat Apaipakdi, Sondhi’s lawyer, welcomed Thaksin’s decision and said there would be no retaliatory legal action. “I have agreed with Khun Thana that we will not file any counter lawsuits after this,” he said.

Thaksin first filed civil and criminal lawsuits against Sondhi for his criticism of the appointment of the acting Supreme Patriarch on the last episode of the program aired on Channel 9 in September before it was axed by state-run MCOT.

The show since went mobile and is broadcast live on ASTV.

source: Manager Online | IHT ThaiDay 7 December 2005 17:44

[awarrumbungle]

Did anyone see Thaksin say this on T.V? How red was his face?

[dr_Pat_Pong]

Rose tint glasses were passed around.

[Neeranam]

Did anyone see Thaksin say this on T.V? How red was his face?

He managed to keep it pretty quiet on tv. No, I never saw his face on tv.

[penzman]

There s an interesting article about his lawsuits in the Newsweek magazine, Dec 5 edition. The man is making news all over the world with his lawsuits

They re also making fun about his Mercury not being perfectly aligned...

http://msnbc.msn.com/id/10219534/site/newsweek/page/3/

[sriracha john]

Thaksin drops all lawsuits

However, Thana declined to answer whether other defamation suits against journalists and media advocates by companies and people close to the government should also be dropped – in particular, the 400-million-baht civil lawsuit filed in 2003 by Shin Corp, a company owned by the Shinawatra family, against Supinya Klangnarong, a young media reform activist.

“I am not personally responsible for the [supinya] case, and the [shin Corp] lawyers will need to discuss further what they will do now,” he said.

UPDATE

Supinya verdict expected today

- BP

15/03/06

The Criminal Court is to hand down a verdict today in the high-profile libel case in which media rights defender Supinya Klangnarong and the Thai Post newspaper are being sued by Shin Corp for 420 million baht in damages. The suit was brought against Ms Supinya in July 2003 by the country's largest telecom operator after she alleged in an interview with the newspaper that Shin had benefitted from Prime Minister Thaksin Shinawatra's policies.

Mr Thaksin's family was the majority shareholder of Shin Corp before the company was sold to Singapore's Temasek Holdings in January.

Also named as co-defendants were Thai Post owner Thai Journal Group Co, chief executive officer Roj Ngammaen, marketing executive Kannikar Viriyakul, and editor Thawisin Sathitrattanacheewin.

Ms Supinya's interview was published on July 16, 2003.

Ms Supinya, secretary-general of the Campaign for Popular Media Reform, said she was looking forward to the verdict, although she was ''not 100% hopeful'' of a victory. She said she will lodge an appeal if the verdict goes against her.

''The case will show where the media really stands and what kind of rights and freedoms the people are really enjoying.'' Earlier, Ms Supinya turned down an offer by Shin Corp's new owner to drop the lawsuits against her, pending negotiations. She said she wished to set a precedent for free press.

She said the company must publicly explain why it wanted to withdraw the charge. It also must recognise the constitutional right of her group to monitor the government and voice opinions.

[Jai Dee]

Supinya wins Shin Corp's case

The Criminal Court acquits Supinya Klangnarong, a media activist, in the defamation lawsuit filed by Shin Corp.

The court ruled that Supinya did not intend to defame Shin Corp but was making her comment in good faith.

Shin Corp sued Supinya, secretary-general of the Campaign for Popular Media, as the first defendant and five executives of Thai Post as the second to sixth defendants after the paper published Supinya's interview on July 16 2003.

Supinya commented that Shin Corp's revenue had dramatically increased after Thaksin became prime minister.

The court ruled that since Shin Corp was a listed company doing telecom businesses, it was subjected to be scrutinised by the public.

The court added that the fact that the firm was established by Thaksin and the fact that Shin Corp was still run at the time, when Supinya made the comment, by Thaksin's relatives and people close to him contributed to the court's ruling that Supinya's comment was made in good faith.

Source: The Nation - Breaking News - 15 Mar 2006

[sriracha john]

"when it rains, it pours"

apparently Thaksin didn't wave his magical elephant wand enough... or recited the wrong incantations...

Edited March 15, 2006 by sriracha john

[Jai Dee]

Media critic acquitted in defamation suit by PM's former telecom firm

Criminal Court has acquitted Shin Corp's a libel suit against media reform activist Supinya Klangnarong and Thai Post newspaper on Wednesday morning.

The ruling ended a high profile legal battle between media conglomerate and Supinya, secretary general of the Campaign for Popular Media Reform.

The suit was filed two years ago when the family of caretaker Prime Minister Thaksin Shinawatra owned Shin Corp.

Supinya was accused of libel for saying that Shin Corp had a mutually beneficial relationship with the Thaksin administration and the ruling Thai Rak Thai Party.

Shin Corp has also sought Bt400 million in compensation in a civil suit.

Criminal Court said today that what Supinya's statements were not considered defaming the plaintiff.

Since Singapore's Temasek Holdings took over Shin Corp in January, however, the company has been under mounting pressure to drop the suit, following the public furore over the controversial sale by Thaksin's family.

A Shin lawyer had offered to withdraw the suit on condition Supinya apologised for her comments, published by the Thai Post, that the company had benefited hugely from state policies.

She turned down the offer and called on the company to acknowledge the public's right to scrutinise it.

Source: The Nation - 15 Mar 2006

[sriracha john]

A Shin lawyer had offered to withdraw the suit on condition Supinya apologised for her comments, published by the Thai Post, that the company had benefited hugely from state policies.

She turned down the offer and called on the company to acknowledge the public's right to scrutinise it.

Good on you, Supinya, for "sticking to your guns".... this result is infinitely better...

[bulmercke]

This lawsuit should never been filed, in the first case.

However, it makes you wonder if Supinya would have been so successful if the current political climate wasn't prevailing.

Two years ago, even six month ago, when things were different, politically, she would have most certainly lost the case.

Makes you wonder to what extent this decision has been influenced by the current political crisis!

Anyway, congratulations to Supinya and Thai Post.

[kyselak]

Court dismisses defamation suit by Thai PM's former company

by Paris Lord

ATTENTION - ADDS activist's quotes, background ///

BANGKOK, March 15, 2006 (AFP) - A Thai court Wednesday

dismissed a criminal defamation case brought against a media

activist and four journalists by Shin Corp, the company once owned

by Prime Minister Thaksin Shinawatra.

The telecoms giant had sued activist Supinya Klangnarong and

four Thai Post newspaper journalists, which quoted her as saying

that Shin Corp's profits soared at least threefold because of

favorable policies by Thaksin's government.

In a case seen as a key test of free speech rights in Thailand,

the criminal court ruled that their comments published in July 2003

were made in good faith.

"The first defendant (Supinya) expressed her opinion in good

faith, with honesty, and without the intention to defame Shin Corp,

but rather for the sake of public interest. Thus the court dismisses

the case," the verdict said.

"The four other defendants had directly reported what the first

defendant said without any alteration, so the court also dismisses

the allegations against these four defendants," the verdict said.

If convicted, all five defendants could have faced up two years

in prison.

Activist Sunpinya said she was relieved by the verdict, which

may now jepardise a 400 million baht (10.2 million dollar) civil

suit which Shin Corp had threatened to bring against her and the

other defendants.

"I have always pointed out that the government actually had a

conflict of interest and it was proved that it's true," she told

reporters outside the court.

"I am relieved and I think that the verdict will have an impact

on the 400 million baht civil case against me."

Supinya confirmed that she and her fellow defendants had been

approached by Shin Corp officials in recent weeks to discuss

settling the case out of court, an offer each defendant refused.

Shin Corp was founded by Thaksin before he entered politics but

he transferred control to his family before taking office in 2001.

His family sold their 50-percent stake in the company to

Singapore's state-linked investment firm Temasek in late January, in

a tax-free deal that earned them 1.9 billion dollars.

Temasek said Tuesday that after a mandatory tender offer, it had

increased its holding in Shin Corp to 96 percent.

Shin Corp has assets including telecommunications, a television

station, mobile phone unit, satellites and a stake in an airline.

Its sale to Temasek has sparked a political furor, fuelling five

weeks of street protests demanding Thaksin's resignation over claims

of corruption and abuse of power.

ask/pjl/gs/sm

AFP 150858 GMT MAR 06

[bulmercke]

[sriracha john]

UPDATE

In what should be the end of this case, Shin drops out... and Supinya wins once again.

Shin drops civil suit against Supinya

By ThaiDay 9 May 2006 01:18

Shin Corp yesterday withdrew its civil defamation suit against Supinya Klangnarong and Thai Post newspaper following the Criminal Court’s verdict acquitting them of similar charges in March.

Shin Corp was suing Supinya and Thai Post editors and journalists for 400 million baht for an article published in 2003, which quoted her as saying Shin Corp’s profits had soared due to favorable policies set by the administration of Thaksin Shinawatra.

The court accepted the request to drop the case after Supinya and a Thai Post lawyer said they would not object to the charges being withdrawn.

“The case is settled because the Criminal Court gave an earlier verdict to acquit the case and the plaintiff does not want to appeal,” Supinya said yesterday. “When the Criminal Court decided to acquit the case, we considered it as our victory.” Supinya said Shin Corp had appointed a lawyer to submit the request to withdraw the charges to the court and announce that the company did not want to appeal the Criminal Court’s verdict.

Shin Corp lawyer Somporn Pongsuwan, however, refused to comment on the telecoms giant’s move to drop the charges, saying only that it was “a company decision.” Supinya and Thai Post previously rejected an offer from Shin Corp to drop the criminal defamation suit against them just days ahead of the March 15 verdict, saying they wanted to wait for the court’s ruling.

In a case that was widely seen as a key test of freedom of expression in Thailand, the court ruled that the comments were made without malice and dismissed all charges against Supinya and the four Thai Post editors and journalists.

The court ruled that Shin Corp was a public company, and as its businesses were related to telecommunications and television and radio frequencies, which are guaranteed as national communication resources under the Constitution, it should be open to criticism.

Free press and human rights advocates in Thailand and around the world hailed the Criminal Court’s verdict as a victory for the media and the independence of the Thai judiciary.

The young media activist yesterday also dismissed suggestions that she may countersue Shin Corp following her acquittal, saying she had not thought about it.

[stumonster]

saying Shin Corp’s profits had soared due to favorable policies set by the administration of Thaksin Shinawatra.

which every one knew was the truth , and I think I would use a stronger phrase than 'favourable policies' , maybe ' wholesale criminal abuse of trust and position ' .

[sriracha john]

UPDATE

In what should be the end of this case, Shin drops out... and Supinya wins once again.

Shin drops civil suit against Supinya

By ThaiDay 9 May 2006

Shin Corp yesterday withdrew its civil defamation suit against Supinya Klangnarong and Thai Post newspaper following the Criminal Court’s verdict acquitting them of similar charges in March.

Shin Corp was suing Supinya and Thai Post editors and journalists for 400 million baht for an article published in 2003, which quoted her as saying Shin Corp’s profits had soared due to favorable policies set by the administration of Thaksin Shinawatra.

The court accepted the request to drop the case after Supinya and a Thai Post lawyer said they would not object to the charges being withdrawn.

“The case is settled because the Criminal Court gave an earlier verdict to acquit the case and the plaintiff does not want to appeal,” Supinya said yesterday. “When the Criminal Court decided to acquit the case, we considered it as our victory.” Supinya said Shin Corp had appointed a lawyer to submit the request to withdraw the charges to the court and announce that the company did not want to appeal the Criminal Court’s verdict.

Shin Corp lawyer Somporn Pongsuwan, however, refused to comment on the telecoms giant’s move to drop the charges, saying only that it was “a company decision.” Supinya and Thai Post previously rejected an offer from Shin Corp to drop the criminal defamation suit against them just days ahead of the March 15 verdict, saying they wanted to wait for the court’s ruling.

In a case that was widely seen as a key test of freedom of expression in Thailand, the court ruled that the comments were made without malice and dismissed all charges against Supinya and the four Thai Post editors and journalists.

The court ruled that Shin Corp was a public company, and as its businesses were related to telecommunications and television and radio frequencies, which are guaranteed as national communication resources under the Constitution, it should be open to criticism.

Free press and human rights advocates in Thailand and around the world hailed the Criminal Court’s verdict as a victory for the media and the independence of the Thai judiciary.

The young media activist yesterday also dismissed suggestions that she may countersue Shin Corp following her acquittal, saying she had not thought about it.

UPDATE

A chronicle of our time

Director Pimpaka Towira talks about her new film, The Truth Be Told, a documentary on the life of media activist Supinya Klangnarong

For a while she had to shield her eyes from the glare of the spotlight. She was dubbed a lady David who flung rocks at Goliath, championed and glorified by columnists in every newspaper. For a while it looked as though she were bearing a cross; crucified, tormented and turned into a martyr in order to save the rest of us from the grip of tyranny.

In 2004, Supinya Klangnarong gave an interview to Thai Post newspaper, commenting that there was a conflict of interest between Shin Corp and the then-PM, Thaksin Shinawatra. Shin Corp promptly filed libel and criminal lawsuits against her - demanding 400 million baht in compensation - and, just as quickly, the controversial case was turned into a political symbol by both her supporters and her legal foes.

Continued here:

http://www.bangkokpost.com/Realtime/29Jun2007_real21.php

================================================================================

Look forward to the release of the movie at the film festival and hope it's distributed wider.

[dominique355]

Thaksin drops all lawsuits

Prime Minister Thaksin Shinawatra has dropped all defamation lawsuits against arch-critic Sondhi Limthongkul and associates in accordance with His Majesty the King’s birthday advice for leaders to accept criticism, his lawyer said yesterday.

...

His Majesty’s speech in essence said that there was nothing wrong with fair criticism, even of the monarch. Furthermore, His Majesty said that the constitutional definition of lèse-majesté should not be taken literally and that criminal lawsuits should not be filed against critics.

...

“The prime minister also forgives all parties, and wants to forge harmony in the country,” he said.

...

source: Manager Online | IHT ThaiDay 7 December 2005 17:44

How noble of Thaksin, but I was under the impression that he is no longer the prime minister. Did I get something wrong? Or did Thaksin or his lawyer get something wrong?

I would certainly agree with His Majesty's views on critics.

But then, the "prime minister" forgives all parties? Forgives? There is nothing to forgive, when no wrong was done. Now, does he accept critics or not? Seems to me this is just another publicity gag of Mr. Thaksin

[Maestro]

Thaksin drops all lawsuits

How noble of Thaksin, but I was under the impression that he is no longer the prime minister. Did I get something wrong?

You got nothing wrong, Dominique. It’s just that you did some time travel: you replied today, when Thaksin no longer is Prime Minister, to a post made in December 2005, when Thaksin was Prime Minister.

--

Maestro