Monday, 3 February 2014

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
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
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).



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