The Supreme Court has upheld the acquittal of red-shirt leader Jatuporn Prompan in a defamation lawsuit brought against him in 2009 by Suthep Thaugsuban.
The court’s ruling, delivered on Friday, followed earlier acquittals in the case by the two lower courts.
The United Front for Democracy against Dictatorship leader had been accused of defamation in claiming that Mr Suthep hired 5,000 migrants to mingle with the red-shirts at a protest and incite unrest, set fire to images of the King and put the blame on the red-shirt UDD.
The Criminal Court cleared Mr Jatuporn of the charge on Dec 19, 2011 on the grounds that Mr Jatuporn was only making fair criticism of Mr Suthep, who was then deputy prime minister in charge of handling the red-shirt protests.
In addition, the then-commander of Metropolitan Police Division 1, Pol Maj Gen Wichai Sangprapai, testified there were reports that some migrant workers had taken part in the red-shirt rally.
Mr Suthep appealed the ruling. The Appeals Court on Aug 13, 2013 upheld the lower court’s judgement clearing Mr Jatuporn of the charge. The plaintiff then appealed to the Supreme Court.
The Supreme Court acquitted the red-shirt leader of the defamation charge on the grounds the defendant made the remark in response to comments made by the plaintiff. They were political rivals, the court noted.
Mr Suthep, then deputy prime minister for security affairs, had said at a press interview he had received information that migrant workers would participate in the red-shirt rally. He warned factory managements in Bangkok and surrounding provinces not to allow them to take part.
The court found that the plaintiff’s remark affected the image of the defendant, who was the red-shirt co-leader. Mr Jatuporn, then a Pheu Thai Party list-MP, had raised this issue with Mr Suthep in parliament.
The plaintiff’s remark would have raised doubts in the minds of the public about Mr Jatuporn. Thus, the defendant had the right to honest comment to counter the allegation.
The comment was made in good faith, as allowed under Section 329 of the Criminal Code, the Supreme Court ruled.
Mr Jatuporn was taken from Bangkok Remand Prison to the Criminal Court to hear the reading of the Supreme Court’s judgement. He was greeted by other UDD leaders, including Tida Tawornseth and Weng Tojirakarn. The red-shirt leader is being detained in jail for breach of bail conditions in a separate case.