A Thai court last Friday cleared a former Australian diplomat of child pornography charges but convicted him and his American business partner of possessing "pornography" for distribution.

Thai Police arrested Robert Michael Scoble, 56, of Sydney, and John Charles Goss, 46, of the United States in March after finding Thai Guys magazine at Utopia Tours, a gay and lesbian travel agency they jointly operated in Bangkok.

Scoble, 56, was given a 4-month jail sentence, suspended for two years, after judge Suthikorn Libnoi ruled that Scoble and his business partner, Goss, 46, had distributed a gay magazine that "had a feeling of inviting men to come for sex," according to news wires.

Scoble was also fined 10,000 baht (US$250) while Goss received an eight-month sentence and a 12,000 baht (US$300) fine.

Suttikorn suspended both sentences since the men had no prior criminal records.

Both defendants pleaded innocent to the charge as the pair's lawyer, Ratpratan Tulatorn argued that the free publication in question was not pornographic and that it was available throughout the country.

Published 10 times a year, Thai Guys is a free magazine with pictures of men and includes advertisements for gay-friendly hotels, tourist sites and escorts; and is widely available in gay bars, restaurants and saunas in Bangkok. The court also found the personal ads in the magazine to be obscene.

Although the magazine did not contain any full frontal pictures, the judge said that the pictures of men with naked torsos suggested the offering of sex services were inappropriate and suggestive, and he said the pair had used the magazine for commercial purposes.

The court heard that the pair's travel agency had 100 copies of Thai Guys magazine in stock, which it distributed to customers.

The judge said: "[The court] finds this company focuses on homosexuals. To have so many obscene books [at the office] and the confession of both defendants that they do give those books to customers, I believe both defendants distribute those books for business purposes."

In March this year, Bangkok police said they found hundreds of videos and photographs, many containing explicit images of men having sex with pre-pubescent boys, in Scoble's home. Thai authorities accused Scoble of using his agency as a front to introduce foreign men to Thai boys.

Judge Suthikorn did not find Scoble guilty of distributing those images for commercial purposes as it is not illegal in Thailand to possess pornography, either adult or child, for personal use.
The former Hanoi-based diplomat was once investigated and forced to resign from the diplomatic corps in the 1980s for allegedly sending pornographic photographs involving boys to a colleague through diplomatic mail services.

Scoble pleaded guilty on a separate charge of hiring an alien without work papers while Goss pleaded innocent to the same charge.

Goss and Scoble's attorney, Ratpratan Tulatorn, said he believes his clients would appeal.