Supinya Klangnarong, flanked by her father and mother, rejoices over the court verdict yesterday.

Minutes after the verdict was read amid thunderous applause from more than 100 well-wishers, she told The Nation:  "It's like lighting another firework to make society see the important problem of the prime minister's conflicts of interest. The issue has been stressed one more time [by the court's decision] and I think the premier should gracefully step down to take responsibility."

Late last night Supinya told the anti-Thaksin rally that she would counter-sue Shin unless the prime minister agreed to quit.

In July 2003, Thai Post ran an interview with Supinya in which she claimed that Shin Corp - owned by the PM's family until it was sold to Temasek Holdings in January - had unfairly benefited from Thaksin's policies. Shin Corp then filed a Bt420-million libel lawsuit against Supinya and the paper.

Reading the verdict, Judge Nawachart Yamasmith, one of two presiding judges in the case, said: "In giving the interview they were honestly expressing an opinion . . . for the benefit of the public, which is something that a citizen can do. It was a criticism for the public's benefit."

The judge added that the Thai Post did not distort the view of Supinya and acted "honestly" while stating that Shin Corp must be made accountable to the public because the company had "relatives [of the prime minister] working there."

The judges said that since television and telecommunication airwaves are public property, the defendants had the right to scrutinise their use by Shin, which owns iTV television and other telecommunications businesses.

Just minutes before the judges handed down the verdict, Shin Corp lawyer Somporn Pongsuwan tried but failed to persuade Supinya and Thai Post's editors to drop the high-profile case.

Somporn said it was up to Shin Corp whether it wanted to appeal the case or not.

The defendants had taken a gamble by telling the judges they wanted to hear the verdict in the case, which has been viewed by local and international analysts as an attempt by the premier to silence his critics.

With Thaksin's political survival seriously threatened by the ongoing siege of Government House, television reporters from virtually all Thai TV channels were present, after neglecting the case all along.

Roj Ngamman, aka Plaew Si Ngern, editor and founder of Thai Post, said it was a proud day for him as a journalist and the verdict would definitely affect Thaksin. "It has informed the whole nation about the real status of Thaksin," Roj said.

"It has also given a boost to people's doubts over conflicts of interest," said Nakhon Chompoochart, lead defence lawyer for Supinya.

"The court has stated that although the prime minister's name is not on Shin Corp's list of shareholders, his family members are still there, and there are links," he said. The lawyer added that the Constitution Court should consider the verdict by the Criminal Court to see if Thaksin is guilty of conflicts of interest or not.

Ubonrat Siriyuwasak, chairperson of the Campaign for Popular Media Reform (CPMR), of which Supinya is secretary-general, said the verdict had given a boost to freedom of speech and the rights of citizens to scrutinise the premier.

Similar sentiments were expressed by Roby Alampay, executive director of the Southeast Asian Press Alliance (Seapa), who said the verdict had raised the bar on defamation charges and free speech.

Shawn Crispin, from the Committee to Protect Journalists, described the event as "a very positive development for press freedom" and proof that the court is independent of the executive branch of the government.

Ubon Ratchathani Senator Nirun Phitakwatchara, who was among Supinya's well-wishers yesterday, said the case gave added weight to the allegations of conflict of interest. He said he was proud of the court - unlike the Constitution Court.

Supinya said she wanted to take a break though it would be impossible given the ongoing anti-Thaksin demonstrations, where she has become a frequent speaker against Thaksin. She said one of her future tasks would be to try to free broadcast media from the yoke of government and private businesses, so people would have more access to influence its content.

Pibhop Dhongchai, one of the core leaders of the anti-Thaksin People's Alliance for Democracy, said the verdict doesn't necessarily mean the judges believe the premier engaged in a conflict of interest, but it has boosted people's right to criticise the government and businesses that may unfairly benefit from their connections to it. 

Pravit Rojanaphruk

The Nation