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Court acquitted in royal insult case

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BBC News, Bangkok

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Thaksin Shinawatra's Lese Majeste charges related to his interview with Korean newspapers 10 years ago

The Bangkok court has acquitted the controversial billionaire and former Thai Prime Minister Thaksin Shinawatra, who has been accused of insulting the monarchy.

Ten years ago, LESE Majeste's allegations were related to Mr Thaksin's interview with Korean newspapers. If convicted, he faces up to 15 years in prison.

Thailand's Lese Majeste Law prohibits anyone from slandering or threatening the royal family. But critics say lawmakers often use it to target activists and political opponents.

The verdict was because Thaksin's daughter suspended Paeton singarn Shinawatra's prime minister, facing a court case, and could see her removed from office. These cases are seen as a huge blow to Shinawatras, who have ruled Thai politics for decades.

But Friday's verdict brought some relief to the clan and its supporters.

Winyat Charmontree, the attorney who acted for Thaksin, told reporters that after reading the verdict in court, Thaksin smiled and thanked his attorney. He also said he could work for the benefit of the country now.

Thaksin's allegations were first brought in the military government at the time, when he was in exile and reactivated last year after he returned to Thailand.

At first glance, the case against him seemed weak.

The former prime minister said in an interview with South Korean newspaper that he believed the 2014 military coup was removed from his sister Sinrak's elected government – just as he was removed from his last coup in 2006, was incited by “some people in the palace” and members of the private committee, 19 members of the Thai king.

Technically, the Privy Council is not covered by LESE Majeste Law, which states that it is a crime to defame the king, queen, heir to the throne or anyone who serves as regent.

However, in recent years, the law has been ruled to criminalize any action or statement to reflect the monarchy as an institution.

In the past, people were prosecuted for making adverse comments about the late King Bumibor's dog and the 16th-century Thai king.

Recently, a young woman was sentenced to five years in prison for criticizing the flag of the budget to help those affected by the portrait of King Vajalalon.

The interpretation of the law has become so broad that human rights groups now see it as a political tool to intimidate and silence those who challenge the status quo.

Many people think that's what's going on with Mr Thaksin.

However, the judge chose to literally interpret the wording of the law and said that since the defendant did not have a name, there was no case to answer.

The verdict happened to be two years after the former prime minister's huge return from 15 years in exile.

At the time, assuming there was a big bargain between Mr. Taksin and his long-time conservative rivals so that his party’s Thai party was demoted from normal first to second in the 2023 elections, could form a coalition government and keep the young reformists in fact win over the elected young reformists.

The terms of the bargaining were never made public – Mr. Thaksin has been insisting that there was no agreement – but they are likely to include his agreement that he would keep a low profile and stay away from politics.

But the low-key and gorgeous, rich and ambitious tycoon is completely alien to it.

He is still considered the biggest funder of the Thai People's Competition and has made all the major decisions for the party.

When his first choice for Prime Minister businessman Srettha Thavisin was disqualified by the Constitutional Court of Continuing Interventionism a year ago, Mr Thaksin's inexperienced daughter Paetongtarn took over the helm, becoming Thailand's youngest prime minister ever.

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Thaksin's daughter Paetongtarn can be removed from office in the face of handling a conflict with Cambodia

She is a self-proclaimed “daddy girl” and she says she will be happy to take his advice. When she took office, Mr. Taksin announced his “vision for Thailand”, which included a controversial proposal to legalize casinos; most of them later became official policies.

The parliamentary opposition accused the Shinawatra family of running a “dual leadership”. Mr. Thaksin's business with Cambodian strongman Hun Sen and his government defended how firmly Thailand is in a border dispute between the two countries.

This was caused by a leaked private telephone conversation by Hun Sen, in which Paetontarn was heard calling him “uncle” and criticizing her army commander at the border, and now she has been suspended by the Constitutional Court.

What happened to Mr Thaksin in court today and what happened to his daughter when facing the final verdict of the Constitutional Court in a week may depend on the role of traditional power brokers in Thailand near the palace and the army, and believe they should play now.

At a time of great global uncertainty, losing another prime minister in just one year may be considered too risky. Even if he is convicted, Mr. Taksin can be released on bail on appeal.

But he faces further court cases later this year. Moreover, the price of his being allowed to leave the prison may be that his party convened early elections when the government was underperforming, which could result in its loss of many seats in parliament.

Koh Ewe's other reports in Singapore.