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Phuket Reporters Seek TV Coverage

Phuket Reporters Seek TV Coverage

Sunday, May 24, 2015
PHUKET: A formal request will be made this week to Phuket Provincial Court to permit a closed-circuit telecast of the trial of two journalists for Rohingya-related criminal defamation.

The unusual prosecution is attracting such wide interest that the journalists believe hundreds of people will be keen to watch Thai justice carried out in July.

It's a timely hearing that focuses on human trafficking and media freedom in Thailand, which has been run by the military for the past year.

This weekend a long interview with Chutima Sidasathian and Alan Morison appeared in BK magazine in the national capital. Khun Chutima took part in a human rights lawyers' workshop and was also interviewed at length in a MoNo29 TV special on the boatpeople.

''We will be asking Phuket Provincial Court to telecast the case because, like Prime Minister Prayuth Chan-ocha, we believe everyone is entitled to know and see how the justice system works,'' Morison said today.

''We have nothing to hide. We are the innocent victims - two journalists, simply doing their job as responsible reporters.

''We believe the issues behind this case will attract observers from Muslim countries as far away as Turkey and the Middle East, many local Muslim organisations, Bangkok universities, international NGOs, our supporters in Europe and Australia, and all the readers of Phuketwan.''

Phuket courtrooms only have seating for about 30 people but Morison estimates 10 times that number will turn out on July 14, the first day of the three-day trial.

''With the boatpeople issue receiving so much international attention and the US State Department Trafficking in Persons report likely to be released weeks before the trial, we would hate to have people form the wrong opinion about justice in Thailand because access is limited,'' Morison said.

''We also will ask the judge to allow observers and reporters from the BBC, Aljazeera, CNN, the New York Times, Bangkok Post and other outlets to take notes.

''Note-taking is sometimes banned in Phuket courts. We want every detail of this case to be reported.''

The two journalists face a maximum penalty of seven years in jail for criminal defamation and a Computer Crimes Act count. They have expressed ''deep regret'' about what has transpired.

The case centres on a Reuters news agency paragraph republished word for word in Phuketwan on July 17, 2013.

A Royal Thai Navy denial of involvement in human trafficking was published on Phuketwan three days later, with similar prominence to the original report.

''The government this week moved swiftly to deny accusations in an AP news agency report that the Royal Thai Navy had been involved in threatening to shoot at boatpeople,'' Morison said.

''That's what should also have happened back in 2013. Instead, six months after the incident and proper publication of a denial, one or two officers came after us, wielding the might of the entire Royal Thai Navy.

''Those fortunate enough to hear the evidence in the July court case will be able to make their own decisions on why the Navy failed to pursue Reuters or other large news organisations that carried the exact same paragraph.

''Instead, the decision was made to ambush Phuketwan, a very small outlet with a long history of covering the Rohingya exodus from Burma.''

He said there was still time for the Prime Minister or the Commander in Chief of the Navy to review the case and to have the charges withdrawn.

''We don't wish to damage Thailand's reputation,'' Morison said, ''but because we are totally innocent, we fear this misguided court action will do just that.

''The fact is, the Royal Thai Navy wasn't even mentioned in the Reuters paragraph.''

Morison said it was ironic that at the time of the inhumane 2009 ''pushbacks'' of boatpeople from Thailand, Phuketwan defended the Navy against allegations that its warships had towed boats out to sea.

''There was confusion because the boatpeople assumed all grey-colored vessels were Navy vessels. And today, the Navy is confused.

''One or two officers who were poorly advised to take this misguided action believed that the phrase 'Thai naval forces' can only mean 'Royal Thai Navy.'

''We say that many organisations, even the local police in Ranong province, have patrol vessels that look like Navy boats. And we think that if the Reuters journalists had mean 'Royal Thai Navy' they would have typed 'Royal Thai Navy.'

''To translate 'Thai naval forces' from English into the Thai language as 'Royal Thai Navy' is ridiculous.''

Morison said it was good that normal relations had resumed between Phuketwan and the Royal Thai Navy 3 base on Phuket following a period when Khun Chutima was villifed with her photograph posted in the entry guardhouse as a person who should not be admitted.

''We hope for Thailand's sake this unjust trial can be avoided,'' Morison said. ''But time is running out.''

Most legal costs for the journalists are being met by the London-based Media Legal Defence Initiative. A group of more than 10 lawyers have teamed up in Thailand to provide legal counsel. They include the Human Rights Lawyers' Association, iLaw and SR Law. The Andaman Community Rights and Legal Aid Centre is funding bail.

WATCH How Trafficking Works
Phuketwan Investigative reporter Chutima Sidasathian, still being sued for criminal defamation over a Reuters paragraph: ''It's worse and worse, day by day. Nobody cares''.
http://journeyman.tv/67116/short-films/rohingya-hd.html

LISTEN The Rohingya Solution
A tragedy almost beyond words has been unfolding in Thailand, where a human smuggling network is thriving with the full knowledge of some corrupt law enforcement officers. Alan Morison of Phuketwan talks to Australia's AM program.
http://www.abc.net.au/am/content/2015/s4231108.htm

Comments

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Dear Ed

Great article.

I hope that the court does permit extensive coverage of the case.

I note that the Royal Thai Navy has been given plenty of opportunities to explain to the Thai government, the Thai people and the international community the reasons for pursuing these very dubious charges.

With the utmost respect to the Royal Thai Navy, it seems very clear that the charges should be dropped. The Navy's case is just too hard to win and it will be a public relations disaster for Thailand, regardless of whether it wins or loses.

Ian Yarwood
Solicitor - Perth, Western Australia

Posted by Ian Yarwood on May 24, 2015 15:10

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I find this a brilliant and fair request. Every self respecting court should honor such a request to proof it's objectivity and based of the importance and international attention for this case. Every wise and objective goverment and jurisdiction would prevent this case because of the weakness and unfairness of this lawsuit from it's first day and on. By now History & the facts are proven. Thailand can and should stop to claim it's innocence and not knowing and or participating of government officials including that from man in Uniform. All the body counts and Al misery victims experienced can & will not longer be longer accepted and tolerated by modern, international society. Where Thais are know to dislike losing face One Captain causes that all Thai will have to do so. It is amazing & Ashaming what is occurring here. With a court refusal to allow camera's & free international press into the Courtroom international press will get more awarness that Thailand intend to stay in the mid ages instead of opening itself for democracy and modernisation. I wish PW all Succes. They should be gone red and praised instead of prosecuted by "the State".

Posted by phuketgreed on May 24, 2015 15:37

Editor Comment:

It's our understanding the captain whose name was on the document was acting under orders from an unnamed superior officer. The captain last year shook my hand and said if there was a jail term to be served, he would serve it in my place. I doubt either of us is going to jail

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will the proceedings be in english, or accurately translated ?

Posted by mike on May 24, 2015 23:18

Editor Comment:

The proceedings should be in the Thai language, and translated into English for the benefit of those who don't speak Thai.

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Thailand will be very concerned of its image to the world press Id expect something favorable for the journalists concerned.

Posted by slickmelb on May 25, 2015 16:26

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Dear Ed

It is curious how publicity works in Thailand and Burma.

Influential people in both Thailand and Burma seem very sensitive to any adverse publicity.

Across the border in Burma, for example, we have the Buddhist Monk, The Venerable Wirathu who appeared on the cover of the 1 July 2013 edition of Time Magazine with the caption 'The Buddhist Face of Terror.' He was scathing of the adverse report and has described the Time journalist, Hannah Beech as a ''whore.'' Charming huh?

Wirathu is able to pump out huge amounts of propaganda against the Muslims in his country (including Rohingya) via meetings, his teachings to junior monks and via social media and DVDs. Apart from the lack of shouting, his softly spoken rants are similar to those of the poorly educated Adlof Hitler and the Nazi propaganda minister, Joseph Goebbels. Youtube clips provide some excellent coverage of Wirathu and his hate speeches.

In contrast, foreign journalist are often stifled by government authorities when they wish to interview Muslims within Burma.

Without a free press there are not enough people in Burma to challenge Wirathu and the messages he spreads via social media. The boat people who were left stranded in recent weeks were a mere symptom of a much bigger problem caused in part by people such as Wirathu.

We all need to be accountable for our actions, including influential people - and in particular influential people. People cannot be held to account if investigative journalists are stifled.

Ian Yarwood
Solicitor - Perth, Western Australia

Posted by Ian Yarwood on May 25, 2015 17:46

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Good you have the share button on the Facebook page, will be easy to spread around social media as well

I like the Thailand armed forces but this is just pure harassment by seemingly one individual and hope he can be persuaded to stop the case.

His superiors should have the sense this is a no win situation for them and will embarrass Thailand, unfortunately for yourselves you are in a win\lose situation

Posted by Michael on May 25, 2015 18:15


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