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Para
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Posts posted by Para
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I will bring it up.
Pm me
YGM!
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Ironically, a Thai found guilty, is freed upon appeal with bail and is free to do as he likes.
Just this issue alone about losing your work permit is a small thing the Embassy can lobby about.
TiT my friend. Dual pricing not just at the tourist attraction but also at the court!
The FCO in BKK have ZERO interest in getting involved. Been there, seen it, tried it.
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It's a ridiculous situation, that whilst not guilty, your work visa and permit are canceled. Even more crazy, that you can be in overstay even when found not guilty.
Not that it appears that the system cares.
You think its bad looking in from the outside trust me its worse when you are stuck in the middle!
There is no such thing as innocent till proven guilty here its the other way around.
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A better discussion might be, why does a mere accusation prior to being found guilty, mean you can lose your work permit?
When arrested the first thing that happens is your passport is confiscated. Even if found not guilty at the criminal court if the judgement is appealed the passport is still kept. I am unsure of the situation of an existing work visa but am sure that even if he has/had one he still has to report to immigrations at certain intervals not least of which his visa would have to be renewed after 1 year.
No passport no (work) visa extension.
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It sounds like the judge merely laid out the charges against him and asked if he was pleading Guilty or Not Guilty. Isn't that standard practice in most courts worldwide. The judge also tried to find if a plea bargain was an option. Doesn't seem out of the ordinary either.
The way I read it the trial had started and had the 3 judges appointed to it. Chestnutt was then taken aside but a non trial judge and 'offered the deal' outside of the trial its self.
Maybe I got it wrong.....
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@Nisa I think you deserve a post devoted to you.
Your tenacity at 'outing' Lee Chestnutt goes beyond a dogs love for a bone and has more passion than a jilted lover seeking revenge. Your understanding of this case it seems is better that the accused and your grasp of Thai law exceeds that of most lawyers. You have the time and patients to spend on tracking this scoundrel Chestnutt that would shame a Sunday tabloid reporter!
Whilst lesser mortals would of skulked off to liked their battered ego's you come back time and time again with a superhuman ability to deflect all rational and logical criticizem against you.
Your determination to prove your point embodies all that defines today's forums. You are not some prepubescent boy hiding behind a keyboard nor are you some wanna be internet Mafia. No sir you are an elite warrior slaying mere mortals post after post.
Nissa I applaud you!
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This is Thailand -- Get a clue - If the landlord doesn't want to press charges then there is no case -- in fact it is the landlord who has been appealing.. The landlord filed the charges when they refused to settle or pay and at any time after that he can withdraw them. You really need to stop pretending you know what you are talking about when you clearly don't.
But don't let ignorance stand in the way of what it is you want to believe.
I bow to your superior knowledge of this case and of Thai law in general Nisa.
I like your Avatar very fitting.....
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I cannot see how being in a The Monkey House is better that being free but restricted on bail, it just beggars belief you could say that assuming your aware of prison conditions in Thai jails ?
OK so you make bail but cant work and don't have anyone to help support you. What do you do for the next 3 years or so till your case is resolved?
I NEVER make assumptions and yes I do know what its like to spend time in a Thai prison.
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Just my opinion but if this had been taken away from the local courts to BKK it would of been over a lot sooner as the 'old boy' network would have trouble reaching that far.
I also think Lee is pretty close to this being resolved as they missed the 30 day appeal window to either lodge the appeal or ask for an extension. The supreme court thing is a last attempt to scare him. The case can not go from the criminal court straight to the supreme court bypassing the appeal courts just because they didn't lodge the appeal in time.
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No - it wasnt the trial judge, it was the Chief Judge (as in top judge for the courts) in a private meeting during the 2nd day of the trial. In fact the trial judges stated that this discussion is not on record and the decision will in no way affect the trial. The 3 trial judges were not present in the room during the meeting.
Ouch!
Sounds like 'Thai rak Thai' for a slice of the money.
Did his lawyer ever bring this in in court during the trial?
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Para you are 100% correct!
The only option offered by the court to the accused at the start of the trial (by the Chief Judge) was - plead guilty, pay 500,000 THB and maybe receive a suspended sentence as opposed to jail. Not an option!
The plaintiff was asked by the court to lower the amount he demanded - he refused!
It is not the plaintiffs decision to drop a court case.
Remix4 are you sure you have this right? The trial judge 'offered' Chestnutt that?
dam_n thats screwed up. Its not the judges decision or position to offer a deal like that he has to listen to the case and judge on its merits. Chestnutt chose to fight the charge in the first case.
Sounds like the (ex)police landlord the the judge have a connection and tried to squeeze your friend IMO.
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First of all -- I am sure it has cost more for him and his partner in money then than 500,000 (a unverified number posted by someone who claims to know info and clearly is siding with tenant) to live here 3.5 years and to fight the case not including the problems with not being able to work during this time or leave the country and the nightmare it has caused the families.
But no I don't have proof the landlord would settle just like we don't have proof of anything about this case but given the expenses of taking a matter to court and given it may be a weak case (if that is the reason charges have been dismissed) and the fact he met with the defendants to discuss settlement logic dictates he would have settled for less ... then add to the fact he could have tried to settle since the case has been ongoing and that 1/2 the case is already gone (again according to a poster here) and all that remains is the criminal complaint by the landlord it seems the landlord would take compensation over only having expenses out of this ordeal.
But of course we don't know if the landlord would settle but can only use some reasonable logic based on reports of an incident that doesn't have much logic for continuing .... By your focusing on this one comment and my reply to it, I hoped I have helped you to further avoid the obvious point that the tenant should have settled this by now given the costs both financially, to his family, his career, his ability to travel as well as a possible criminal record in Thailand.
Edit: Excluding court costs and assuming his and his partner have been able to survive on combined expenses of 20,000 a month then they have already cost them 600,000 in living expenses alone the last 3.5 years and they say it could go on another 5+ years if the landlord wins the latest appeal to not have the charges dismissed.
Nisa your ignorance of Thai law is now becoming boring.
Once Lee Chestnutt was dumped into the court legal system there is now way out till the court says.
Don't you think for a second he would of chosen to pay it off given the chance its not up to him as he is under the courts jurisdiction.
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I wonder how much pain and money this has cost his mom and dad to support him these years and for him to keep this case going vs. how much the furniture would have cost.
Perhaps you could put that question to his landlord?
Exactly!!! Nisa appears to have conveniently missed out the fact that the landlord is the one causing this!
Remix4 don't waste your time fighting the ignorance that is sadly so deeply rooted in all forums. People love to comment without knowing any facts guess its a way to compensate.
If only there was some way to get costs back I mean your mate was nicked and found not guilt but after how many years? Regardless of the outcome there will be no justice.
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No one needs a visa to allow them to leave Thailand and enter his own country.
No but how does he leave Thailand? No passport and name on the immigration 'hit list'.
Problem he also has due to all the publicity he cant sneak out the back door and get home. Getting the media involved bites both ways.......
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Your own. Try one of the charities maybe - although if you arent a drug courier who's actually guilty then they arent generally interested!
You could try begging or routing through dustbins for scraps of food but then again that would constitute work I guess!
This is what people don't understand when you are stuck in the Thai legal system no one is there to help you. The Embassy has no interest, any of the prisoner abroad charities will only help if you are actually in prison.
As Remix4 says you have to support yourself but without the correct visa paperwork any work would be illegal and leave him open to further prosecution.
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Head out of Pattaya along Sukhumvit road in the direction of Rayong. After you turn under the flyover keep to the left. Look for Regents school on your right side ( several kms on from the flyover). U turn at regents school itself, head back towards Pattaya for about 250 metres and turn left. Follow the road round and there you are
So left after Regents (same side) on the 36.
Nice one cheers mate!
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So one would expect to have an inventory of furnitures present at the property
Correct - and there was no inventory since it was an unfurnished property
So if no inventory was able to be produced by the plaintiff - counter signed by both parties - then the court would view the property as unfurnished, regardless of furniture being present or not.
As I have said the grounds for appeal are crazy.
What I don't understand is yes they have a 30 day window to appeal but that can be extended by a visit to the court before the 30 days is up. This can happen for a maximum of 3 times. The appeal court can't 'throw out' a case they can side with the criminal court and uphold the initial not guilty. If that was the case there is no option for the landlord/police to go to the supreme court as both criminal and appeal courts have found the person not guilty.
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I just don't understand the meaning of what they write. Charges dismissed, but still able to appeal? This type of thing just doesn't compute. Dismissed by whom? Who brought the case, the landlord or the coppers? On what grounds is an appeal accepted? After many years here, it still mysitfies me.
It just seems to me that the system can get held up forever with appeal after appeal, when there appears to have been a conclusion, only for the system to restart. But at who's request?
I agree.
If the charge/case was dismissed there is no grounds for appeal. The guy must of been found not guilty and thats what's being appealed. TiT they don't need solid grounds for appeal unfortunately.
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I know its been posted a million times but can you give direction to the testing center please....
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I notice they needed help from Superman for this massive haul.
He will still get at least 25 years for 1oz so I would say he needs Superman for a lawyer.
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Seems to me this is a great way of extending your stay without having to worry about visa runs. Have someone take you to cort on a petty charge; have him keep appealing the not guilty verdict and voila you are entitled to stay without worrying about visas.
Yerh great thinking only one small problem. How is he supposed to support himself?
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So you are saying he should just suck it up and take what the THAI is throwing at him regardless, bow down and kiss the feet of this Thai landlord who apparently is trying to extort money out of him. Let me guess Nisa, you are a Thai woman right?
Sadly yes it the way things work here. The British Embassy WONT get involved. The various charities are also unable to help. Sometimes its actually better being in prison on remand that out on bail but unable to leave the country or work here.
TiT.....
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So, what will happen? Not guilty at the court first time around, and then appeal after appeal after appeal from the other side?
If he was not guilty at the criminal courts and the police appeal to the appeal court where he is again found not guilty he is free there can be no more appeals from the police. If the appeal court finds him guilty he can then appeal to the supreme court. If he is found guilty a second time at the supreme court he can ask the King to assist.
Problem is it takes YEARS to happen.....
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Did you make a type and say "guilty" instead of "not-guilty" ? Maybe I just read things wrong but I don't believe he has been found guilty at any time as it is the landlord who keeps making the appeals. I'd have to go back but not even sure if he was found "not-guilty" or it was tossed for lack of evidence or procedure or something like that.
Yes my bad amended.
I agree he has to of been found not guilty for the landlord/whoever to appeal. Trust me when I say the police need zero reason to appeal they just screw with you to keep you here longer.
And what a complete screw up of a system that is.
You want to be on the wrong side of it I know what this guy is facing and going through......
Embattled Brit Lee Chestnutt Forced To Stay In Thailand
in Thailand News
Posted
http://www.pattayada...-drugs-dealing/
Norwegian Volunteer Police Arrested In Pattaya For Drugs Dealing
Pattaya, September 3,[PDN]: On the 3rd September 2009, John Johansen, an ex member of the Pattaya Foreign Police Volunteers, was arrested by police, charged with drugs and firearms offenses.
The 39 year old Norwegian was arrested in a sting operation organized by Police Lieutenant Colonel Somsak Nongpong, Deputy Superintendent of The Office of The Narcotic Control Board and his team. At the time of his arrest Johansen had in his possession 40 grams of heroin, and a .38mm gun with 10 bullets. Police also confiscated his Honda motorbike, reg. no. 283 Chonburi.
Johansen, a long time (10 years) resident of Pattaya, was arrested at the El Paso restaurant located at 124/49-51 Moo. 10, South Pattaya, Nongprue.
Johansen has been operating a company providing visa, work permit and translation services in soi 13, besides running “Ingos” bar on Pattaya’s third road with a partner.
Police revealed that he had been supplying drugs to foreigners using his position in the Volunteer Police as a cover. He claimed he knew many police officers in Chonburi and bragged that no one would want to make a problem for him.
At 7:30 pm today (3rd September) the editor of PDN was notified by Mr. Howard Miller, the leader of the Volunteer Tourist Police, that Johansen had been sacked from his team about 6 months ago because it was discovered he had a dark past. Johansen has now been taken to the office of Narcotics Suppression Bureau for further processing.
PDN would like to assure its readers that we will be following the developments in this case closely and will provide updates as and when we receive them.