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Samak gets two years' jail for defamation

The Appeals Court yesterday upheld two-year unsuspended jail sentences against former premier Samak Sundaravej and his former TV co-host Dusit Siriwan for "intentionally" defaming former Bangkok deputy governor Samart Ratchapolsitte.



The court saw no reason to be forgiving as Samak and Dusit had been granted leniency by the court in three previous cases but had never shown any reform in their behaviour.

The argument by their defence team - that their contribution to society, senior ranking and many royal decorations were grounds for clemency - backfired completely when the court said it was the very high-profile and high-ranking nature of the defendants that made the crime more grievous.

"Both defendants are highly mature and have held high offices ... Their expressing opinions [on their television programmes] would result in making people more convinced of them."

The court also said in the 50-minute verdict that the accusations aired by the defendants on their two shows on channels 5 and 9 back in 2006 contravened "the nature of good mass media professionals" and "were not opinions honestly expressed".

In the talk shows - "Chao Wan Nee Tee Chong Ha" (Today on Channel 5) and "Samak Dusit's Daily Thought" on Modernine TV - the pair accused Samart of taking kickbacks from a construction company and using the bribes to buy a Bt8-million BMW Series 7 sedan "for cash".

Samart had categorically denied the allegation and proved himself not guilty to the Criminal Court, which handed down two-year jail terms without probation each in April last year to the accused.

Samak and Dusit avoided the media after yesterday's sentencing. After release on bail of Bt200,000 each, they quickly exited from the court office's back door.

Samart faced reporters, saying the defendants had attempted to negotiate a settlement by sending representatives to him several times.

"But I refused to bargain because I want the truth to come out," he said minutes after the verdict.

Thanapitch Mulpruek, spokesman for the Office of the Attorney-General (OAG), said Samak and Dusit will need to get an endorsement signature from the Attorney-General in order for an appeal to the Supreme Court to be accepted. Otherwise Samak and Dusit will need the signatures of the judges handling the case. Failure to get any such endorsement will result in the punishment of Samak and Dusit in accordance with the jail sentences.

The deadline for filing an appeal is 30 days.

Thanapitch said the OAG would probably not get involved by endorsing the former premier because by nature the case has nothing to do with the OAG.

After the verdict, a lawyer sympathetic to Samak but not representing him or Dusit, who listened to the court's decision, said it was likely that both Samak and Dusit would be found guilty if the case reached the highest court.

"They all walk the same way," he said, adding that the two deserved better because they have served the country for such a long time.


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