THAI JUDGE CLEARS DREW NOYES OF ALL CHARGES

                             COURT CASES AGAINST DREW NOYES
DEMOLISHED

JUDGE CLEARS DREW NOYES OF ALL CHARGES

 This summarizes the legal points made by the Pattaya
Provincial Court in rejecting the defamation case against Drew Noyes, and in
finding Mr. Noyes not guilty of violations of the Computer Crimes Act.

 FALSE ALLEGATION AGAINST DREW NOYES OF DEFAMATION:

Defamation, as legally defined, only exists if the
allegations being made are untrue. In the court proceedings instigated by Andre
Machielsen versus Drew Noyes, the following was demonstrated:

1.    
The
allegation that Machielsen had a criminal conviction for drugs was admitted by
Mr. Machielsen, the plaintiff, himself; and corroborated by his own son, Sam Machielsen,
both while under oath.

2.    
Andre
Machielsen also admitted he was denied entry into the United States for lying
on his Immigration Entry card by denying his prior criminal drug conviction in
Holland.

3.    
The
allegation that Andre Machielsen was infected with Hepatitis, a contagious
disease, was also admitted by the plaintiff himself on the stand.

4.    
A
twist in the case, introduced by hate blogger Andrew Drummond in yet another of Mr. Drummond's
false statements on his blog site, which stated several times that Mr. Machielsen was a Thai
national. Mr. Machielsen while on the
stand denied having Thai citizenship, and admitted he is a citizen of the
Netherlands.

5.    
The
team of PAPPA Co. Ltd. lawyers demonstrated to the court's satisfaction that
the alleged defamatory statements were in fact made on a site that Andre
Machielsen himself established, with the aid of collaborators, one of whom,
Thor Halland, took the witness stand to admit Machielsen was the culprit.   The judge seemed confused as to why Mr.
Noyes was on trial when Mr. Machielsen had created and posted the comments of
the website, according to Mr. Machielsen's own witness.

In summary, there was no defamation, as the "allegations"
were in fact truthful statements, as admitted in court testimony.

If Mr. Noyes did make the single 40-word comment on a 30 page
hate blog filled with fabrications, false allegations and outright lies about
Mr. Noyes created by Mr. Machielsen and Thor Halland in Mr. Machilesen's office
as Mr, Halland testified, then Mr. Noyes would have been defending himself by
pointing out the character flaws in Mr. Machielsen in the single post.

It is important to note that the original defamation
complaint filed by Mr. Machielsen with the police went nowhere, as police
investigators did not have evidence to proceed against Mr. Drew Noyes.

By law, Mr. Machielsen's only alternative was to then hire a
private lawyer to file a case directly with the Thai courts—an effort that
failed because Machielsen's lawyer acted after expiration of the statute of
limitations.

FALSE ALLEGATION DREW NOYES VIOLATED THE COMPUTER CRIMES ACT:

Mr. Machielsen alleged Mr. Drew Noyes was guilty of a criminal
violation of the Computer Crimes Act by posting defamatory material on the
internet.  In order to prove his
allegations, Machielsen retained a Bangkok lawyer who specializes in computer
crime law; the lawyer in turn brought in an expert witness from the Thai Ministry
of Information and Communications Technology (MICT).

The main points demonstrated in the court case were as
follows:

1.    
It
could not be proven that Drew Noyes posted the comment about Mr. Machielsen that was alleged to have
appeared on the anti-Noyes blog-site created by Mr. Machielsen;

2.    
The
MICT expert, brought in as a witness for the prosecution, admitted under
questioning by the PAPPA legal team that he could not link the alleged defamatory
post to any IP address or any specific computer;

3.    
The
MICT expert also testified that he could not determine from which country the comment
in the post was made.

 Mr. Machielsen's lawyer called three witnesses:

1.    
Mr.
Thor Halland, who admitted Mr. Machielsen and he, Mr. Halland, were responsible for setting
up the anti-Drew Noyes blog site;

2.    
The
MICT expert witness, who testified he could not link the allegedly defamatory
post to Mr. Noyes or to anyone else for that matter; and

3.    
Sam
Machielsen, Mr. Machielsen's son, who admitted on the stand that his father was
indeed convicted of a drug crime in Holland.

   The defense, led by senior lawyers from the PAPPA law
office, also demonstrated that the anti-Noyes blog site was established by Mr.
Machielsen and co-conspirators, meeting at the legal offices of Master Security
Enterprises Co., Machielsen's own company and for which he serves as Managing
Director.

In summary, after listening to the allegations and the
spirited defense mounted by the PAPPA legal team, the court ruled that Mr. Drew
Noyes was not guilty of the charge for two reasons:

·       
The
so-called defamatory allegations were in fact true statements, hence there was
no defamation;

·       
The
prosecution's expert witness, presumably brought in at some expense by Mr.
Machielsen, testified that Mr. Machielsen's allegation linking the "defamatory"
comment post to Mr. Noyes could not be proven.

Now that the truth has been revealed, Andre Machielsen will face charges for filing a false police report, filing a false court case and filing false evidence. Additionally, his son Sam Machielsen will be charged with filing a false police report under Power of Attorney of his father.

+++++++++++++++++++++++++++++

Any foreigner resident in, or visiting, Thailand who believes
competent and effective legal representation is unavailable to non-Thais has
been proven wrong by the outcome of this case which concluded on February 15,
2013 in Pattaya Provincial Court.

The team of lawyers leading the defense acquitted themselves
very well in all respects, demonstrating that the allegations made against Mr. Drew
Noyes were false beyond any shadow of a doubt.

The same team of expert lawyers is already gearing up to
launch criminal cases against those who filed false statements concerning Mr.
Drew Noyes to the police and the courts that led up to this trial. A civil case
against Mr. Machielsen for creating the hate site about Mr. Noyes and for monetary damages is in process.

The PAPPA team of experienced lawyers is being congratulated
for a job well done. It is expected that the publicity surrounding this case will
encourage foreigners who are the victims of lies and misdeeds to seek out
competent and effective lawyers such as those employed by the PAPPA Co. as part
of One Stop Legal Services, located on 448/4-5 Thepprasit Road, Soi 3 in
Pattaya, Thailand. Their phone number has been the same for 12 years and is
038.301.050. The websites are www.pappa.co.th
or www.PattayaLawyers.com.

Article source: http://www.thethailandlinks.com/2013/02/18/thai-judge-clears-drew-noyes-of-all-charges-2/