Journalist Andrew Drummond 'Photoshop' case to go to trial!

Pattaya 3rd February 2014

Andrew Drummond - convicted and now must post bail in 2nd case

Pattaya Provincial Criminal Court has this morning accepted for trial a case brought by Pattaya businessman Drew Noyes in relation to two 'photoshopped' posted on his blog in August 2013.

Drew Noyes

Noyes previously described this case as a 'test case' to see what view the Court would take of the images, which Drummond describes as 'satire' - I would guess it is not looking so funny now.

Drummond must now surrender to Pattaya Court to post bail on April 21st 2014, or a warrant for his arrest will be issued.

The decision to accept this case came only minutes before Drummond was convicted in case number 9819/2555 for allowing a third party to make a comment on his web site against Drew Noyes and David Hanks. The Court convicted Drummond then jailed him for four months before suspending the senence for one year. Drummond was also fined THB 40,000 (GBP 800).

Drummond faces Court later this month in Koh Samui on February 10th and February 17th in case numbers 1246/2556 and 1269/2556 brought by David Hanks and Brian Goudie, in relation to defamatory remaks made about Hanks and in relation to eleven (11) photos also faked by Drummond, but prior to then Goudie is expected to file charges over at least another ten (10) images.

Brian Goudie

Noyes, similarly is expected to file a large number of charges in relation to a number of fake images posted on the blog, and the decision today is said to have exposed Drummond to the potential of an avalanche of litigation.

Drummond has intimated that his defence is that he did not make the 'photoshops'- lawyers for Noyes and Goudie say this is irrelevant as the law says it is the web site owner that ultimately must take responsibility.

David Hanks to Appeal Andrew Drummond Case

David Hanks

Pattaya, 3rd February 2014

Following the conviction of journalist Andrew Drummond in Pattaya Provincial Criminal Court this morning in case number 9819/2555, lawyers acting for David Hanks have indicated they will appeal, and ask for the sentence handed down to be increased as they believe the punishment of a four month suspended jail sentence suspended for one year is so lenient that it is 'manifestly inadequate'.

Hanks said today that in his opinion the punishment did not fit the crime, as Hanks is a man of good character with no criminal convictions whose good name has been sullied by totally false accusations.

The previous report of the conviction is published here:

Andrew Drummond Convicted!

Convicted Journalist Andrew Drummond

The Court on convicting Andrew Drummond then jailed the disgraced journalist to a four month jail sentence, which was immediately suspended, and also imposed a monetary fine of THB 40,000 (GBP800).

Drummond who is the Thailand based correspondent of 'The London Evening Standard' previously had told the Pattaya Court that Thai laws, and codes of ethics of organisations such as the UK Press Complaints Commission, and the Editors Code of Practice do not apply to him.

The London Evening Standard has been asked for a comment on the issue of the PCC Editors Code of Practice, which according to it's website requires all employees, journalists and correspondents to follow London Evening Standard Code of Conduct.

Preliminary copies of the decision of the Court are reproduced below and a full translation will follow.

Case Watch Asia Gallery

Andrew Drummond - convicted journalist.

Andrew Drummond - facing jail in Thailand.

Andrew Drummond - jailed for 4 months.

Andrew Drummond - sentenced to jail.

Ian Charles Tracey

Andrew Drummond - A convicted criminal.

Alastair ''Ally'' Cooper

Andrew Drummond

Boonrod Baikrathok

David Hanks

Dr. Janice Duffy

Drew Noyes

Greg Miller

John Jepson

Kanya Srilaard

Michael Roberts

Michael Trjulka

Payam Tamiz

Journalist Andrew Drummond Convicted of Defamation

Pattaya 3rd February 2014

UK Journalist Andrew Drummond is today in disgrace after being convicted this morning in Pattaya Provincial Criminal Court on charges of criminal defamation in Black case number 9819/2555.

Drew Noyes

In a case brought by Drew Noyes and David Hanks, the Court found that Andrew Drummond had allowed a third party to comment using the name Élysha Saunders' to defame the businessmen, but more importantly found that the accusations and statements made in the comment were completely false.

David Hanks

After finding Andrew Drummond guilty, the Court sentenced Drummond to four months in jail (suspended for one year), gave one year probation and also fined him THB 40,000.

Drummond has also been ordered to publish an apology in Thai Raht and a foreign newspaper in Pattaya, The Pattaya Mail.

In a lengthy judgement the Court analysed the comment, made by "Elysha Saunders' on a post on the Drummond blog made last year and found that the statements contained there in were false, and also defamatory and that the Court must act.

Drummond had previously attempted to persuade the Court that Thai laws did not apply to him, as he was a foreign correspondent sending news overseas.

Hanks has taken another case in Koh Samui in case number 1246/2556 in which Drummond made near identical allegations - Hanks this morning described the case which will be heard in Koh Samui on 10th February as a 'now substantially easier'.

Since Drummond has now been convicted of a criminal offence, and is now on a suspended sentence, he faces the risk that if he continues to post on his blog and in the next year he is convicted on any of the other pending cases that have been filed against him, he will face an immediate custodial jail sentence.

Drummond is expected to appeal.

UPDATE : Lawyers acting for David Hanks are set to lodge an appeal on the basis that the Court has erred in law, and the sentence is 'manifestly inadequate''.

The certificate of conviction is posted below (full translation to follow).