British activist cleared in Thai pineapple defamation case Andy Hall

[reader]

From Channel News Asia

BANGKOK: A rights activist hit with almost a decade of lawsuits after raising concerns about labour conditions at a Thai pineapple company received a court decision Tuesday (May 11) clearing him in the final case against him.

Andy Hall faced a series of defamation charges after contributing to a 2012 report on alleged poor working conditions, low wages and child labour at Natural Fruit's factory.

In 2016 the Briton was found guilty of criminal defamation and given a suspended three-year prison sentence before the conviction was overturned in June last year.

The company later launched a 300-million-baht (US$9.6 million) civil defamation case but dropped the case before it went to trial last year.

Hall was informed Tuesday of the Thai Supreme Court's verdict in the final case, over separate civil defamation charges relating to a 2013 interview he gave to the news organisation Al Jazeera.

The court ruling was made in June 2020 but coronavirus disruptions meant Hall's lawyer only received it on Tuesday.

The court found Hall not guilty and overturned a lower court's decision that he should pay 10 million baht compensation to the company.

"The Supreme Court stands by the Appeal Court's (verdict) to dismiss the plaintiff's (case) as it is factually concluded that the defendant acted honestly and criticised with fairness," the court said.

"The defendant's interview with the media about the plaintiff's employment practices does not warrant compensation."

Hall, who left Thailand in 2016 after living there for 12 years, said the decision was a relief.

"After years of ongoing judicial harassment that has taken a heavy toll on me, my family and my colleagues, this is not a victory," he said in a statement.

https://www.channelnewsasia.com/news/asia/thailand-pineapple-defamation-andy-hall-british-activist-cleared-14787716

 

 

[PeterRS]

4 hours ago, reader said:

"The defendant's interview with the media about the plaintiff's employment practices does not warrant compensation."

Hall, who left Thailand in 2016 after living there for 12 years, said the decision was a relief.

"After years of ongoing judicial harassment that has taken a heavy toll on me, my family and my colleagues, this is not a victory," he said in a statement.

I am glad for Hall. Sadly it is indicative of the fact that fighting any case in a Thai court, however much in the right you are, you will be in for a very tough time - with no certainty whatever of the verdict.

It reminds me a little of the famous 'Spice Trade' case back in 2004. Utopia Tours was a specialist gay travel agency which provided legitimate kosher gay tours in various Asian countries. It had excellent and knowledgeable guides. I know, I took two tours from the company - one to Phnom Penh and another to Luang Prabang. Although it had evening tours which took clients to gay bars and clubs, the guides themselves were not part of the deal. I am sure several members will remember the company. It was situated in the lobby of the Tarntawan Hotel. Utopia Tours was the name under which it traded. The officially registered name was Spice Trade Travel.

This sordid case started on 19 March 2004 when police raided the Utopia Tours' office. Its officers were accused of promoting child prostitution which was a total lie.  It never had anything to do with anything other than genuine travel agency services. The two directors and an employee were held in jail overnight. The next day, the three men were parked in front of the media and the evidence placed on a table in front of them. In this way, Thailand ensures that pubic opinion always assumes the accused have to be guilty, long before the wheels of justice have turned. That evidence consisted of a variety of gay magazines that had been found on a table in the office, the same magazines that used to be distributed free to many bars and restaurants in the country's major cities. None was pornographic in any way. Also on the table that morning were some videos and other magazines found at the home of one of the directors, John Scobie. Private material for home consumption and therefore not illegal! Before the media, the directors and the company were accused with the most lurid tales of child sex and sexual enslavement of children. Then the directors, Scobie and John Goss were official charged.

If there was one unfortunate element in the case it was that for a few months years earlier Scobie, formerly Australia's Deputy Commissioner in Hanoi, had been on an official Australian Police watch list. There had been allegations that pornography had been sent using the diplomatic bag. This might have included child pornography. After an enquiry, no action had been taken. Scobie then went to work as Vietnam's Regional Manager for a major Australian company before moving to Bangkok to help found Spice Trade Travel. The Thais made great play over the fact that for months they had been cooperating with Australian authorities.

After their long period of investigation, the Thai police had to eat crow and admit they had no case. But too many had lost face. So subsequently a second case was brought against the men, that of trading in and distributing pornography! This finally went before a judge (there are no juries in Thai courts) in November. The trial became a farce. At one point the judge ordered the media not to take notes! In his judgement, he stated he had found no evidence that Spice Trade Travel was involved in anything illegal. However - there is always a 'however' in Thailand - he believed the magazines on display were "inappropriate". Therefore the company was guilty. The media in attendance gasped in shock!

Since then there have been a few other cases involving foreigners arrested on ridiculous charges, often made up or downright inaccurate. Some have been found guilty. A few have eventually had their cases thrown out by the court after many months. When this happens, it is never publicised. Again, too much loss of face for the Thai authorities, even though those who had been charged had suffered greatly during the whole nasty process.