DEFAMATION / CHARGES FILED TOO LATE

Court throws out Sant's suit against Chuwit

The Criminal Court yesterday threw out defamation charges filed by a former police chief against Chart Thai deputy leader Chuwit Kamolvisit on the grounds of expiry of the statute of limitations. The court said Sant Sarutanont filed a complaint in Nov 2003 over alleged defamatory remarks made by Mr Chuwit against him.

Mr Chuwit, who at the time still owned several upscale massage parlours, made the comments at a press conference on July 23 of the same year. He claimed to have made massive bribe payments to ''a tall police general who is an executive of the Royal Thai Police '' in return for the police general turning a blind eye to his illegal businesses.

Mr Chuwit also produced a receipt showing he had paid 880,000 baht for 20 boxes of wine which he gave out as gifts.

The comments were published in local newspapers the next day and were followed by several interviews given by Mr Chuwit. The tycoon later claimed that Pol Gen Sant held shares, given to him for free, in a number of massage parlours.

The court said that although Mr Chuwit did not name names, facts from similar cases against Mr Chuwit confirmed ''a tall police general'' referred to Pol Gen Sant. However, a defamation case must be filed within three months from the date the damaged party learns of an act of defamation against him or her.

The court said Pol Gen Sant, then national police chief, must have been aware of Mr Chuwit's remarks since July 24. Therefore, it was impossible that the issue had only come to Pol Gen Sant's attention in August, as stated in his lawsuit. The court also pointed out Pol Gen Sant had testified to a House committee about the bribe allegations against him in late July.

The court ruled that Pol Gen Sant was not empowered to sue Mr Chuwit and therefore could not consider whether any defamation had taken place.

General News
Bangkok Post
Saturday January 27, 2007