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Bangkok Post
Bangkok Post
Politics
ONLINE REPORTERS

Yingluck drops case against 3 former Democrat MPs

Former Democrat Party MP Sirichok Sopha gives Sommai Kusap, one of the lawyers for former prime minister Yingluck Shinawatra, a wai at the courthouse on Friday. (Photo by Apichit Jinakul)

Former prime minister Yingluck Shinawatra on Friday applied to the Supreme Court to withdraw her defamation case against three former Democrat Party MPs - the same day the court was to deliver final judgement.

Her lawyers, Norawich Lhalaeng and Sommai Kusap, submitted the request to end the court battle fight on her behalf.

The Supreme Court had instructed the plaintiff -- Yingluck -- and the defendants to appear to hear its decision.

The former prime minister-in-exile sued Chavanond Intarkomalyasut, Thepthai Senapong and Sirichok Sopha in March 2014 for remarks made when they were hosting their Sai Lor Far television programme.  The programme was aired on the Democrat-affiliated Bluesky station on Feb 10 and 15, 2012.

Their comments, implying a sexual relationship, were made shortly after her visit to the Four Seasons Hotel in Bangkok in Feb 2012 for a private meeting with some businessmen.

The lower courts ruled in Yingluck's favour - the Criminal Court in 2015 and the Appeal Court in 2016.

The Appeal Court upheld the Criminal Court's conviction and sentencing of a 50,000 baht fine each and one year in jail. The prison terms were suspended for two years.

Neither Yingluck nor the three defendants showed any inclination to give up the fight after the Appeal Court's decision. The former prime minister petitioned the Supreme Court against the suspension of the prison sentences, and the Democrat politicians asked the court to overturn the sentences.

The public prosecutors, who were co-plaintiffs, decided to end the matter at the Appeal Court.

With the final ruling approaching, the three defendants made a U-turn by contacting Yingluck through a third person, saying they wanted to end the legal feud. The former prime minister agreed on condition they confess their misbehaviour and apologise to her in a post on their Facebook account with public access.

The open letter was posted on Mr Sirichok's Facebook page on Oct 5. The former Songkhla MP removed it minutes after it appeared, but Yingluck demanded it stay there until the case ended in the Supreme Court. (continues below)

Former Democrat Party MP Thepthai Senapong at the courthouse on Friday. (Photo by Apichit Jinakul)

On Friday, Yingluck's lawyers submitted her request to withdraw the case to the court, in the presence of Mr Sirichok and Mr Thepthai.

Mr Chavanond was not there, and in his absence the defendants could not withdraw their appeal to the Supreme Court to overturn the sentences imposed by the lower courts 

The Supreme Court adjourned the hearing until Nov 20.

Mr Sirichok said he and both his colleagues would make an official request to the court to withdraw their appeal by the new date.

He said Mr Chavanond had no intention of disobeying the court on Friday. He did not receive the court notice setting the date to attend. (continues below)

Chavanond Intarakomalyasut (left), Sirichoke Sopha (centre) and Thepthai Senapong of the Democrat Party address a news conference in February 2012, at which they were accused of making defamatory comments about a meeting then-PM Yingluck Shinawatra held with businessmen at the Four Seasons Hotel in Bangkok. (Bangkok Post file photo)

If the Supreme Court agrees on Nov 20 not to make a final ruling, the case would automatically end at the Appeal Court. This means the three Democrat members' prison sentences would be suspended. 

Mr Sirichok said suspended sentences in a defamation case would not put an end to their political careers, as set down in the constitution.

The decision to give up the court fight against Yingluck was not due to any concern about their political careers, he said.

If the Supreme Court does, however, make a ruling in favour of Yingluck and overturn the Criminal and Appeal courts' suspension of the prison terms, they will be sent to jail and their political careers will end.


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