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zaphod reborn

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Posts posted by zaphod reborn

  1. Quote

    Pison Pirun, a judge in the nine-member Supreme Court panel that ruled in the case over the rice-pledging scheme against ex-PM Yingluck Shinawatra case, was the only judge to rule her not guilty on the grounds that “she lacked the intention to cause loss or seek advantage she was not entitled to”.

     

    While the esteemed judge may be entitled to her opinion, she is dead wrong on the law.  Negligence means failing to conform one's conduct to the applicable standard of care ("reasonable man standard")  and no intent to cause loss or to seek advantage is required.

     

    Quote

    Criminal Code Section 59.  Intention or Negligence.  To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently.

     

    If Yingluck wanted to escape liability, she could have pushed through a constitutional amendment to immunize elected officials from negligence claims, as most democracies do.  In the alternative, she could have done her job, rather than occupy her time with shopping extravaganzas and encouraging PTP to illegally grant amnesty to her big brother.

  2. The judges from Hawaii are always ahead of the curve in ruling on constitutionality.  The Hawaii Supreme Court was the first to strike down a gay marriage ban, although they allowed the legislature to justify re-enacting it.  The reasoning in the immigration ban ruling is the same as the gay rights ban.  In order to set up classifications for discrimination based on immutable characteristics (race, nationality, gender, etc.), the courts are to scrutinize the justification for the classification (nationality is strictly scrutinized, whereas gender is only subject to intermediate scrutiny).

     

    Nationality doesn't correlate with security threats.  Therefore, the category being discriminated against is not sufficiently tailored to the concern being addressed.  Trump has to come up with a more restricted category which would keep out threats, but not adversely affect the great majority of non-threatening arrivals.  The proper ruling, but Trump will shop around for a more politically-motivated federal judge.

  3. 15 hours ago, stevenl said:

    Next time better to read the story before commenting. "Gen Surachet revealed that six suspects were arrested in raids on diving and tour boat operators" "However, it was revealed that two of the six were arrested for working illegally as tour guides and two others were arrested for not providing accident insurance for tourists"

     

    Pretty tourist related. I know, since I was one of the many persons checked.

     

    Nope, incorrect.  A true investigation of tourism-related businesses would have involved labor and the Revenue Department.  This chump was just jacking up foreigners who happened to work as tour guides and dive instructors for visa violations, all on the public's dime.  Total PR stunt.

  4. 1 hour ago, webfact said:

    Police found a 100-metre-long skid mark on the road, suggesting that the driver tried to stop the car after losing control when it went airborne at high speed on a bridge before hitting the roadside pole.

    No, a 100 meter-long skid mark is conclusive evidence of a driver's high rate of speed.  I'm not an accident reconstruction expert, but have retained many of them, and the driver's speed was around 115-120 kph (and probably higher as only the utility pole brought the vehicle to a stop) depending on how wet the road was and the road surface composition.  The lack of proper accident reconstruction analysis in the RTP and insurance industry contributes to the high motor vehicle fatality rates in Thailand.

  5. 1 hour ago, Berkshire said:

    What freakin facts?  We're all just opining in the dark at the moment.  So don't be so high and mighty, you don't know any more than the rest of us. 

    All confirmed quite early in the day here.  The shooter, Stephen Paddock, lived with Marilou Danley, a Mandalay group employee, and fired from a 32nd floor room which was registered in her name.  As far as Nevada being an open carry state, that was never in doubt. 

  6. 5 minutes ago, Berkshire said:

     

    Read that as well elsewhere, 20+ dead, over a 100 injured.  Identity of shooter has not been released.  Sad to say, but the ethnicity of the shooter will determine the narrative.  If Middle Eastern or illegal alien, our POTUS will be all over this like stink on sht.  If just a random white guy, he probably won't care.  May even insists that "if concert goers all had guns, this wouldn't have happened!"

     

    Get your facts straight.  First, Nevada is an open carry state.  That means people can openly carry guns, but need a permit to carry a concealed weapon.  Second, the gunman was not in attendance at the concert, he fired from an elevated position in the Mandalay Bay hotel.  While the Las Vegas Metro (probably the most corrupt police department in the US) hasn't released the identity of the shooter, his Asian-American companion, Marilou Danley, is being sought by the police.

  7. 2 hours ago, malcoml said:

    Im confuses.....

     

    What is a release statement?

     

    I guess the fight was over money. Perhaps he wanted to be paid exactly what he was owed there and then, not wait until pay day.

     

     

     

    It is an employment verification letter.  The employer is required to provide such a letter upon request by a terminating employee.

     

    I would never trust a Thai to properly cook any cuisine other than Thai food.  They are raised with absolutely zero exposure to international cuisine other than McD's and KFC.  That's why international food sucks in Thailand, unless you are willing to pay for a foreigner to properly prepare your meal at an expensive restaurant.

  8. Quote

    mandate of racist hillbillies

     

    That's his 30% base that still supports him.  He won the electoral college vote through unlawful tampering by Russian operatives, either through fake news propagated via social media or, in some states, by actual hacking of voting machines which invalidated votes in heavy Democratic party districts.  It will take another year or two for all the evidence to come out, but even now we're seeing trickles of proof of a stolen election.  He and Prayuth should have a lot in common with which to build a profitable relationship.

  9. 5 hours ago, sirineou said:

    Only while on duty, 

     

    Not necessarily.  Thai labor law allows the employer to require the employee refrain from specific conduct in off-hours or offsite which may shed the company in a bad light and cause damage to its public image.  Here, the employee is using a company-provided benefit (discounted airfare through credit card purchase) and can be required to agree to a dress or conduct code as a condition to availing themselves of the benefit.  Unless you have read the collective bargaining agreement for THAI employees and the terms and conditions of the credit card purchase, you can't know what was prohibited by way of footwear for this particular employee benefit.

  10. 4 hours ago, webfact said:

    He has, after all, provided them all with land and houses and taken care of their every need.

    Let's see, a politician who also is involved in the construction and land development industry .  . . sounds like another government official who needs to be criminally prosecuted for corruption making him unusually wealthy.  But, it's Thailand, so that will never happen, because he will be idolized by the Thai community of netizens.

  11. It's a beautiful part of the world, just south of Yosemite.  I've hiked in the area many times.

     

    Instead of being focused on the recovery effort, the Thai people should seek answers about the cause of the accident.  In California, there will be toxicology tests, vehicular tests and roadway inspections.  Even without any lawsuits, there will be accident reconstructionists determining whether drugs, alcohol, automobile mechanical failures and highway design and maintenance issues (note the lack of guardrails), or just simple driver error contributed to the accident.  Thailand can learn a lot of lessons which could make their roadways safer - but they won't, because they are focused on the spirituality of the deceased students, may they rest in peace.

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