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In recent days there has been some discussion about the nature of the attack on long-time New Mandala contributor Nick Nostitz. We have been provided three images of the incident where Nick is being assaulted. It’s a very ugly scene. If New Mandala readers have other pictures or video of the incident please don’t hesitate to let us know.
I think these photos will help counter the accusations that are rife in Bangkok that Nick Nostitz provoked the attack.
Yesterday (November 28), there was a libelous letter in The Nation by Clara Holzer from which I quote:
“I am not condoning violence, but for the sake of truthfulness–and before the Southeast Asian Press Alliance and Foreign Correspondents’ Club turn Nick Nostitz into a martyr–it is only fair to mention that he is not merely a reporter. He is allegedly also a notorious red-shirt sympathizer and police informant.”
“Could it be that these were the reasons for the crowd being incensed at him, rather than because of his reporter status?”
As someone who has successfully won a large damage settlement in a US Federal Court in the past, I have news for you, Clara, your letter is “defamation per se”, and I hope Nick Nostitz gets a good lawyer because you have libeled his professional career with malice. I hope he sues you for several million baht in damages. You have damaged his career, his livelihood, his principal means of support, and your use of the word “allegedly” isn’t going to spare you from your guilt.
Nick should also think about suing the Blue Sky Channel network and the Democrat Party, for allowing similar libelous comments and worse to remain posted on their Facebook page.
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Clara Holzer had another short letter to the editor in the Nation recently:
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“By rejecting amnesty and risking lengthy prison time, Abhisit and Suthep show they are the true heroes of democracy”.
Clara Holzer
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http://www.nationmultimedia.com/opinion/Democrats-are-the-ones-doing-the-right-thing-30218623.html
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Is Clara Holzer a real person?
For ages I thought the notorious PAD-supporting Nation-letter writer “Bangkok Dave” was a figment of Thanong K’s imagination.
But then he turned out to be a real person!
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“By rejecting amnesty and risking lengthy prison time, Abhisit and Suthep show they are the true heroes of democracy”.
Didn’t Voranai once writing an article making the same claim?
Maybe Voranai is Carla? 😉
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I think this man love to write bad thing about Thailand to make him look cool or may be his bad attitude. Thailand will never be like Western ,don’t make us look bad because we don’t think like you. Western don’t own this world. To me, Nick is a provocator , I think not only his trying to get into the scence or restricted gathering area but may be he was intended to take photos and pointed a target,may be that was the reason he was push, If that the case I don’t blame the guard at all . If someone got killed from their photo pointing the target or the writing piece full of hate speech will & how these noble people stand up to take the false? I can not help to think like that because all his comment benefit only the Red shirt, same as few others within Amsterdam network. It was not normal that hundred thousand or million of people risking their lives and career, out of fear and rising up against their powerful Government . It must had some reasons. Democracy & Election is not paracetamol. Nick can not make my country comfortable for him. We will judge what best for us not them…. Just my personal point of view as a Thai who would like and always stand on my own feet.
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No, Mr. Nostitz just published the facts. You might not like them, but they remain facts. They are true.
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“We will judge what best for us not them”
Who is “we”?
(its certainly doesn’t sound like it is the Thai people as a whole, represented by the electorate)
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“I can not help to think like that because all his comment benefit only the Red shirt, same as few others within Amsterdam network.”
Quite clear from that sentence that you’ve read very little (if any?) of Nick Nostitz’ articles or books – and maybe you’d like to identify just what involvement in or even connection with “Amsterdam network” you imagine he has had?
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“Mydear Sitachit”, thank you for your compassionate comment. Is that, by chance a reaction to this recent article: http://en.khaosod.co.th/detail.php?newsid=1407241687§ion=
in which i wonder about the lack of progress in the cases i filed against my attackers? If my attackers are so confident that i am the culprit in these incidents, and feel that they are innocent why do they not submit themselves to the Thai justice system, so we all can finally get clarity and justice?
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Well said Arthurson.
The appalling attempts by both the Democrats and their supporters in the expat community to smear Nick and make excuses for the attack on him are shameful.
However, they are not that surprising.
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Arthurson, The attack itself was totally unacceptable and the “police informant” slur was completely out of order with no shred of evidence possible but does it really make sense for Nick to sue Clara Holzer, who may not be more of a real person than Constance Beasley, and BlueSkyChannelTV? He could get bogged down in costly suits and counter suits for years, and getting known as a litigious journalist might limit his access to sources and thereby damage his ability to report freely in Thailand far more than letter by an unknown crank in The Nation. At any rate financial damages could only be based on estimated lost earnings, which would be hard to quantify, and Thai courts don’t award actual costs to winners. I am not sure that your advice is either very realistic or helpful, even if it is well intentioned.
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The basis of a defamation per se lawsuit is that the damages would be based on the destruction of his reputation as an objective professional journalist. Nick has completely disappeared from the photojournalist reporting scene in Bangkok because he knows that he cannot show his face anywhere due to the fact that his photograph has been widely circulated among the rabid anti-government forces after he was slandered, and he would be attacked again. He can no longer do his job, so his career has been essentially ruined in Thailand. The lifetime earnings of a photojournalist would be the minimum basis for the amount of damages.
I am quite aware of the fact that there is no functioning justice system in Thailand by which a foreigner can bring a civil suit like this for defamation. He could probably find a lawyer to take the case, but it would cost at least 100,000 baht up front, perhaps more, and then the case would be dragged out for years, especially if he is assigned to an unsympathetic judge. Even if he wins in court, there is the prospect of years of appeals.
Perhaps what would be more effective at this point would be the threat of a lawsuit to shut up his critics, without actually filing the suit. Then we could watch and see if he achieves any injunctive relief.
Beyond that, maybe he could pursue justice in Germany through the EU legal system. The Spanish courts have been quite involved in judicial advocacy in cases involving human rights violations. And after he gets a damage settlement in his favor, maybe he can get that same Bavarian court that issued a lien against the CP’s plane to attach a lien against property owned overseas by the Democrat Party and BlueSkyChannel TV network? Who knows? Stranger things have happened.
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Good luck to Nick in devoting the next decade or so in pursuing justice through the Thai and German courts. Claiming damages in Thailand would involve a detailed disclosure his income backed up by notarised receipts from the Revenue Department. Damages awards in the case of death where it was quite clear that earning power had been impaired, e.g. the Santika fire, have been derisory and this claim would involve putting a rather complex argument before the Thai court. The judge would quite likely rule that allegations of being a red shirt sympathiser were not defamatory, since that sould be applied to the entire cabinet without impairment of their earnings power, while passing on information of criminal wrongdoings is simply a civic duty that anyone should be proud to perform.
To cap it all, if Nick won in the Thai court the defendant would be ordered to publish the ruling including the defamatory material in several newspapers, thereby repeating the defamation. Meanwhile, the sponsors of BlueSkyChannelTV might countersue Nick separately in every Southern province where his writings could have been accessed via the Internet and have him running around the country to different court hearings of the same charges like Andrew Drummond is doing at the moment.
Suing in a German court would not be very worthwhile unless Clara Holzer turns out to be a real person and German to boot, as her name suggests, with impoundable assets there. I am sure BlueSky doesn’t have any.
Realistically threats of legal action would ring very hollow indeed and would only make it take longer for all this to blow over and allow Nick get back to work.
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A vicious part of Thailand coming out I am afraid. But yes. There are no winners in libel/computer crimes cases. Its a way of the richer person draining the poorer one of resources. I believe I have a personal world record of so far defending and winning six cases – with another four to go. Luckily people have supported me. But if Nick feels strongly enough about it I am sure many of us would put into a fund.
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PS: But I am not personally running around the country. As most of the cases against me are not being accepted by the courts I merely hire a local lawyer, and have him briefed. In my case all three of my attackers are actually in the courts on real criminal charges so time is against them. And this of course works both ways. Those in Pattaya and Koh Samui have to come to Bangkok. In Pattaya I have a free condo and In Koh Samui I have a beautiful pool villa at my disposal thanks to supporters so that takes the edge of the pain. I can treat the cases as outings. But I accept the process can still be debilitating. If I were Nick I would not consider suing a headcase org like Blue Sky – but I might seriously consider asking the Nation to publish a retraction of the police informant slur and pursue Ms Holzer if she exists. I would be surprised if the Nation went to bat on her side, but the paper has been acting strangely recently.
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Miscount – I have won eight cases.
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Ms Holzer had another letter published in The Nation more recently openly advocating a military coup. If she is really living in Thailand under that name, she must be crazy. Anyway I guess it would require a court order to force The Nation to provide evidence of who sent them the letter, if they still have it.
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[…] at the receiving end of accusations of being biased or even physical attacks against both local and foreign […]
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[…] Assault on Nick Nostitz BY NICHOLAS FARRELLY – 29 NOVEMBER 2013 Source: New Mandala […]
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AFAIK Nick has not posted on NM something I only discovered via Twitter – but I see no reason why that should prevent me from now drawing NM readers’ attention to it. The content should be self-explanatory.
I am in need of help
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[…] the receiving end of accusations of being biased with even physical attacks against both local and foreign […]
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