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This column covers "developing stories" meaning that you can expect additional stories on the same subject in the near future. The material that follows was written using much of the same language as your Bangkok Post writers use in their stories.

June 7, 2005

LOCAL

Case closed?

Observers at home and abroad are watching to see
if prosecutors appeal the acquittal of four men accused of terrorism



Islamic worshippers visit a mosque in Bangkok to pray for the safety of Muslim lawyer Somchai Neelahphaijit. — Tawatchai Kemgumnerd

The best way to make reading the news interesting is to think about what you are reading. Take, last week's acquittal of the four southern Muslim men accused of plotting to bomb five foreign embassies, for example.

This case had already garnered much international attention because the chief defense lawyer for the four accused was originally Somchai Neelahphaijit. His mysterious disappearance and suspected murder is now the subject of a UN investigation. You might recall that Mr Somchai had accused police of obtaining confessions from the defendants by torture.

Last Wednesday, the Criminal Court ruled that there was insufficient evidence to the convict the men. Police had failed to find any weapons, bomb-making materials or vehicles and prosecutors failed to produce the co-conspirators they claimed were also involved in the planned operation.

Now there is intense interest in what Thai government prosecutors will do. The prosecutors have 30 days to appeal the decision to a higher court and many prominent people are urging that they do not. These include members of the National Reconciliation Council (NRC) who say that case should be closed in the interest of calming the situation in the troubled deep South.

Voravit Baru, vice rector of the Prince of Songkhla University and member of the NRC sub-committee on local reconciliation, said the men had been incarcerated for two years and there was no solid evidence or witnesses against them.

Suppose for a minute, however, that the prosecutors believe they do have sufficient evidence to overturn the acquittal on appeal. Should they continue with the case even if it might inflame the situation in the South?

Then there is the matter of compensation. If the case is closed, the four men could claim 400 baht per day for every day they were held in prison - 200 baht for wrongful imprisonment and 200 baht for lost income.

The prosecutors have won some goodwill by allowing the men to go free on bail pending their decision on whether to appeal. Watch to see if they win much more by allowing the case to be closed.

That would certainly be welcome news to the seven-member delegation from the Organisation of the Islamic Conference (OIC) that is currently on a 12-day visit to Thailand. The group, in the country at the invitation of the Thai government, is here to obtain first-hand information and assess the situation in the predominantly Muslim areas of the deep South.

Their findings are to be submitted to OIC secretary-general Ekmell Eddin Ihsan Oghlu, who is expected to visit Thailand before next month's OIC meeting in Yemen. The report may not please Thai leaders Clearly, the two most sensitive issues for the Thai government to explain are the incidents at the Krue Se Mosque and Tak Bai in which Thai authorities have been accused of using excessive force and inhumane treatment of detainees. More than 100 Muslims died in the two incidents.

After visiting Tak Bai, Sayed Gasim Almasri, head of the delegation, slammed the government for failing to protect human rights of the defenseless protestors who had been detained there. Watch to see if Thai authorities can smooth things over with the delegation this week.

Meanwhile, another important local story that bears watching this week involves the opposition Democrat Party's attempts to launch a motion to censure one or more government ministers for corruption and incompetence.

The problem is that the three parties in the opposition have only 123 MPs in parliament, two short of the 125 necessary to introduce a censure motion. It is not clear how opposition leaders will come up with the necessary number. Watch to see if any disgruntled members of the ruling Thai Rak Thai Party join in. Given the recent conflicts in the TRT, that does seem to be a possibility.

acquittal
a court decision that there is not enough evidence to prove that someone has committed a crime

plotting
planning to do something bad or illegal

garnered
collected; received

mysterious
strange and not yet explained

confession
an admission of having done something illegal or wrong

defendant
(in a court of law) a person who has been accused of a crime

torture
the act of causing great physical or mental pain in order to force someone to do something or to give information

convict
(in a court of law) to decide that there is convincing evidence that someone has committed the crime that have been accused of

appeal
to make a formal request to a higher court to change the decision of a lower court reconciliation

incarcerated
kept in prison

overturn
to change a decision of a lower court

inflame
to cause or increase very strong feelings of anger or excitement

compensation
money paid for harm done

goodwill
a friendly attitude

pending
waiting for something to happen

predominately
mainly

sensitive
that which needs to be handled with great care to avoid upsetting people

inhumane
cruel and not caring about the suffering of people or animals

slammed
severely criticised

smooth things over
to create a better understanding among two sides that disagree with each other

motion
a formal suggestion made, discussed and voted on in a meeting, in this case, a meeting of parliament

censure
strong criticism or disapproval

disgruntled
dissatisfied; unhappy about something

INTERNATIONAL

Michael Jackson: free man or convict?

The fate of the super celebrity now rests
with a jury of 12 ordinary people

Like it or not, you are going to see a lot of coverage of Michael Jackson trial this week. Last week both the prosecution and the defense ended their presentations and the case has now going to the twelve-member jury.

A verdict could come any day now although observers say it may take some time because of the mass of evidence presented during the 66-day trial. The world-famous singing star has been accused of 10 felonies, five related to molesting a young cancer victim who had stayed at Jackson's Neverland Ranch, one related to attempted child abduction and the false imprisonment of the boy's family, and four related to giving the boy alcohol in order to carry out the molestation. If convicted on all counts, Jackson could face up to 20 years in prison.

Until recently, it appeared the defense had the upper hand. Jackson's lead attorney Thomas Mesereau Jr had scored points by hammering away at the testimony of the young accuser and of his family members. He had clearly shown that the mother in particular had made it a habit of asking celebrities for money and had invented numerous money-making schemes, some of them illegal. The family, he said, hoped that by winning a criminal case against Jackson, they could then file a civil suit against him asking for millions of dollars in compensation.

During the closing stages of the trial, however, the prosecution made a strong case the Jackson had a long and unnatural fondness for sharing his bed with young boys. He had paid multi-million-dollar out-of-court settlements to two boys, but then went on to find others. The testimony of the young boy in this case was therefore consistent with a long-time pattern of misbehaviour on Jackson's part and should be believed, or so they argued.

We'll soon find out if the jury agrees. It consists of a fairly typical cross-section of the population in the area of Santa Barbara California where the alleged crimes occurred. It is mainly white or Hispanic, with eight women members and four men. The ages of the jurors range from 21 to 79. Eight are parents.

The key question is whether the defense team has presented enough evidence to create in the minds of the jurors a "reasonable doubt" of guilt in this particular case. Jackson may be strange. He may even be a paedophile, but if the testimony of his accuser cannot be trusted, the singer must still be set free.

Experts are divided in what the verdict will be. Some expect a conviction on some, but not all, counts of the indictment. Other expect Jackson to walk free, but they also say there is a good possibility of a hung jury since it may be difficult to get all twelve jurors to agree in such a complicated and emotionally-charged case.

convict
a person who has been proven in court to have committed a crime

jury
a group of people who have been chosen to listen to the facts in a trial and to make a decision

verdict
a decision in a court of law

felonies
serious crimes that can be punished with one or more years in prison

molesting
touching or attacking someone in a sexual way against their wishes

ranch
a large farm-style house

abduction
illegally forcing someone to go with you against their wishes

counts
individual charges

upper hand
an advantage; a stronger position

testimony
spoken or writing statements, especially those given in a court of law

celebrities
famous people

civil suit
a non-criminal complaint made to a court of law, usually demanding compensation such as money

fondness
a liking

settlement
an agreement

consistent
in agreement with typical or previous behaviour

cross-section
a small group that is representative all the different types found in a large group

paedophile a person who is sexually interested in children

indictment (in a court of law) the formal statement of the accusations against someone

hung jury a jury that is unable to agree on a decision


This lesson was prepared by Acharn Terry Fredrickson, BA Stanford, MA (TESL) University of Minnesota, Manager/Editor of the Learning Post at the Bangkok Post and general editor of this programme.

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Last modified: June 6, 2005