FB apology ends baby 'Carmen' libel case

Defendant Kusuma Kwankiaw, who was charged with defamation under the Computer Act, reached an understanding with plaintiff Patidta Kusolsang, the surrogate mother of baby Carmen.

In the Facebook post, Kusuma said she had realised her mistake in posting defamatory messages and made the apology public to show it was sincere. She also expressed her deep gratitude in Patidta’s kindness.

Patidta is expected to come to the court to withdraw the charge on December 21, following mediation overseen by Presiding Judge Suwichai Sukkasemhathai and Conciliator Preecha Wongsasulak. 

The process was in line with the meditation policy of the Criminal Court’s chief justice.

Patidta has filed a lawsuit against the two gay men who hired her to be the surrogate, Gordon Bud Lake and his husband Manuel Santos, because she wants to keep Carmen. The Juvenile Court is scheduled to begin hearing the case in March.

On the Facebook fan page “Bring Carmen Home”, one of Carmen’s parents said his family left Bangkok this month for fear their daughter may be kidnapped.

“After 10 months of living with the fear that Carmen could be kidnapped, changing apartments, staying at home most of the time, and spending hours on the computer defending ourselves from the lies and defamation of the two women (you know who they are) ... after all of this and knowing that this injustice is not going to finish soon, we have decided to go to a quiet village far away where we can live without fear, save money, and watch Carmen play freely in the sun,” the post stated.

It was also stated that until the lawsuit is over, they want to live anonymously as much as possible for Carmen’s protection.

In October, the Juvenile Court accepted the case and will decide who will have the right to raise the girl.