Thailand's Court of Appeals upheld a two-year jail term on former
Thailand Prime Minister Samak Sundaravej for defaming a former
deputy city governor, media reports said.

Samak, who had stepped down earlier this month after another court
found him guilty of conflict of interest, and his co-defendant,
former senator Dusit Siriwan, were found guilty of defaming Samart
Ratchapolsitte during their TV talk shows between January 12 and
19, 2006. According to Reuters, a judge reading the verdict on
Thursday said there was no reason to suspend jail terms handed down
by the Criminal Court.

The Southeast Asian Press Alliance (SEAPA) is expressing concern
over the penalty of imprisonment meted out against the former prime
minister. While the Samak defamation decision will have to be taken
within the larger political contexts in Thailand, SEAPA believes
that meting out a jail sentence for defamation will only further
entrench criminal defamation in Thailand, further growing an
existing threat to freedom of expression. While there are accepted
limits to free speech, the penalty of imprisonment for defamation
is excessive against any person, in any context. The criminal
defamation case against Samak--or any other personality--will have
implications beyond the personalities directly involved. It will
set a chilling standard by which all Thai citizens, including
journalists, writers, and oppositionists, will now also be held by.

"The defendants made libellous remarks on four occasions, which
showed their intent to cause damage to the plaintiff. After
considering what the defendants have done, there is no reason to
withhold their penalty," the judge said.

The court cited that Samak, who has been found guilty of defaming
others in three cases, had "shown no remorse."

Samak and Dusit expressed no emotion when the verdict was
announced. They later made their exit through a side door, avoiding
 the hundreds of reporters waiting at the main gate.

Both defendants posted a bail of 200,000 Baht each (US$6,000),
according to their lawyer Prachum Thongmee.

"We are trying to get permission from either the court or the
attorney-general to appeal to the Supreme Court within the legal
window of 30 days," Prachum said.

Being a member of parliament, Samak would still be able to stay out
of jail, at least until November when the House of Representatives
ends its session.

Samak and Dusit implicated Samart during the talk shows broadcast
on Channel 5 and Channel 9, in irregularities in the Bangkok
Metropolitan Administration's construction projects. According to
the "Bangkok Post", the two implied that Samart bought a Series 7
BMW with money received as a kickback.

Samart said he would still file a 100-million Baht compensation
lawsuit against Samak and Dusit.