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| Appeals Court Upholds Guilty Verdict against Former PM Samak for Defamation |
| UPDATE : 25 September 2008 |
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The Appeals Court upholds a lower court’s two-year jail term and a guilty verdict in a defamation case against former PM Samak Sundaravej and Dusit Siriwan. The defence is expected to file for another appeal with the Supreme Court within 30 days.
The Appeals Court this morning ruled that the counter argument filed by defendant Samak Sundaravej and Dusit Siriwan were groundless. It decided to uphold the guilty verdict and the jail term handed down by a lower Bangkok Criminal Court.
Former PM Samak Sundaravej and Dusit Siriwan were found guilty for defamation by the Southern Bangkok Criminal Court. The court sentenced Samak and Dusit to six months' imprisonment each for all of the four libellous remarks and ordered them to apologize publicly by publishing the summary verdict in national newspapers for three consecutive days.
The court refused to grant leniency in its sentencing, in view of the defendants' repeated offences for libel.
In its verdict, the Appeals Court stated that the two defendants are leading figures with political experience who knew that their opinions could have significant influence over the public’s opinion, yet they have repeatedly aired their malicious views via television. The court added that the defendants failed to reform themselves although the judiciary has granted a number of opportunities for them to do so.
Samak and Dusit implied that former Deputy Bangkok Governor Samart Ratchapolasit was involved in ten shady bidding projects in 2006 during a television program they hosted together. The Southern Bangkok Criminal Court had noted in its ruling that the defendants admitted that their bribery allegation against Samart was based on other news reports and that the two defendants had not verified the information before airing it.
In his defence, Samart, the plaintiff, had provided banking and purchase records to rebut the defendants' allegation that contractors paid for a brand new luxury sedan as a bribe.
The Appeals Court however granted bail to both Samak and Dusit. Each of them submitted 200,000 baht worth of assets as collateral.
The defendants are expected to file for another appeal with the Supreme Court within the next 30 days.
Samart admitted that he’s been approached by the defendants to settle the case out of court. But he refused to enter into any negotiation and insists he would file a civil suit, demanding 100 million baht in compensation following the completion of the appellate process.
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