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No double standard in Premchai case, court insists

rooster59

By rooster59
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rooster59 Star Member

rooster59

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No double standard in Premchai case, court insists

By PIYAPORN WONGRUANG 
THE SUNDAY NATION

 

674406937106d324b0d4effea45d8496.jpeg

 

On Friday, police filed their second 12-day detention request against the president of Italian-Thai Development Plc, Premchai Karnasuta, as the first detention round for interrogation was due to end today.

 

Premchai and his three companions are accused of nine offences in regard to poaching and possessing wildlife after they were intercepted on February 4 in Thung Yai Naresuan Wildlife Sanctuary by wildlife rangers and the Thung Yai chief, Wichian Chinwong.

 

They were officially charged by Thong Pha Phum police, a process that kicked off a police investigation.

 

Following police procedures, they can face a maximum period of 84 days for interrogation, as the offences carry penalties of up to a 10-year jail term. But every 12 days, police must file a request to the court to approve the so-called detention period, and the accused persons are supposed to show up to acknowledge that request.

Premchai and his party, however, who are out on bail, did not show up as expected. Instead, the court ordered that they report themselves to the fifth detention request deadline on March 26. This prompted members of the public to raise questions about how the legal proceedings against them are being conducted and whether Premchai and his party would face justice.

 

Suriyan Hongwilai, Court of Justice spokesman, told The Nation that Premchai’s case is now in the police investigation process, during which detention for interrogation and the rights of the accused to be released on bail are critically important.

 

By law, the police will file their request for the first round of detention for interrogation to the court to approve. The court would then exercise their judgement as to whether the accused should be released on bail during the interrogation or not. 

 

The court will first ask the accused whether they will oppose the police’s detention request. If they won’t, they can file a request for bail for the court to consider. 

 

The court can ask them further in regard to the other rounds, up to four, to consider releasing them at once. Only after the fourth round of detention will the court additionally investigate a police request to see whether bail should be granted, and the accused are required to show up.

 

That’s the reason why Premchai and his co-accused did not show up on Friday, but were ordered to appear at the court on March 26, according to Suriyan.

 

“In Premchai’s case, Premchai and his party on February 6 did not oppose the police detention request. The court then asked them further for other rounds before granting them bail,” said Suriyan.

 

Suriyan added that this case was dealt with under special circumstances, as the Thong Pha Phum Provincial Court has a project to cut down on reporting periods for the accused during the police interrogation process.

 

Suriyan said this is because the Thong Pha Phum court considered that it is in a remote area, and that many of the cases presented for its deliberation are minor and the accused are not residents of the area.

 

The court viewed that calling the accused in every 12 days could place an unnecessary burden on them, so it came up with this project, which was introduced in mid-2013.

 

Accordingly, if the accused people are granted bail in the Thong Pha Phum court, they will be released until the fifth round of detention request is filed, according to Suriyan.

 

“Actually it’s the same judgement that any other courts apply when considering the matter, however, the Thong Pha Phum court just deals with it constructively via this project,” said Suriyan.

 

Suriyan insisted that the practice is applied to every eligible accused person, and there is no exemption of legal enforcement for anyone, nor is there a double standard in Premchai’s case.

 

So far, Thong Pha Phum court is the only one that has that guideline to deal with the reporting periods.

 

This is an internal matter for the court, said Suriyan. Other courts use their own judgement in dealing with the periods as authorised by law.

 

As to what happens next, “We will see when March 26, arrives because they have to show up,” said Suriyan.

 

Source: http://www.nationmultimedia.com/detail/national/30339122

 

 
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-- © Copyright The Nation 2018-02-18
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cornishcarlos Platinum Member

cornishcarlos

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8 minutes ago, rooster59 said:

The court viewed that calling the accused in every 12 days could place an unnecessary burden on them

 

Seriously !!!

They are subject to detention for interrogation purposes but are not even in detention and can't be bothered to show up every 12 days even :)

It's comical...

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YetAnother Gold Member

YetAnother

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32 minutes ago, rooster59 said:

Suriyan said this is because the Thong Pha Phum court considered that it is in a remote area, and that many of the cases presented for its deliberation are minor and the accused are not residents of the area.

sounds like the general reporting-in process is screwed up and this court is applying their 'local bandaid'

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Misterwhisper Platinum Member

Misterwhisper

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My goodness, what a ludicrous system.

 

Okay, let me try to get that straight: The police requested that the accused be be detained for 12 days so they could be interrogated, upon which the court then asked the accused if they agreed with that detention. And since they did, they were granted bail and instead of being detained were released.

 

On the very same day (Feb 5), that very same court asked those very same accused if they also agreed to the subsequent three 12-day "detention" periods - and (unsurprisingly) again they did. As a reward, bail for those three future "detention" periods was granted also.

 

Meanwhile, the police have to file every 12 days another "request of detention for interrogation" --- despite the fact that the accused have already been granted bail for a total of four periods (4 x 12 days = 48 days). 

 

I understand that this only concerns actually sparing the accused from having to personally report themselves at court every 12 days for another bail hearing, because it might "place an unnecessary burden on them."

 

I have to repeat that: Showing up at court might place an "unnecessary burden" on a party that were accused NOT of merely stealing a pack of chewing gum but of  nine criminal charges that each can carry up to 10 years imprisonment. We are talking some heavy stuff here (with the condemning evidence to boost), not a petty crime.

 

And how about the "police interrogation" anyway? Were are these interrogations actually taking place? Or to be more precise: Are interrogations of the accused actually taking place at all? I mean, according to newspaper reports, Premchai et al have not been heard of nor been seen in public since February 5. Do the police actually know where they are - or have the accused simply vanished into thin air?

 

I wouldn't be surprised at all if they had left the country, because this ludicrous system of not having to personally report to court every 12 days for bail extension gave them all the time they needed to calmly put their affairs in order, pack up their stuff and slip across the border.   

Edited by Misterwhisper
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garyk Gold Member

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10-1 the other two will be charged and sentenced and he will walk!

Can't wait to see how this turns out.

 

Edited by garyk
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kaorop Advanced Member

kaorop

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36 minutes ago, Oziex1 said:

Prayut was right no one is above the law.  When the law is taylor made for the well heeled you just roll with it and you'll be fine.

Yes exactly, no one wants to tread on others toes as they all have big boots and have to fill them.

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mtls2005 Diamond Member

mtls2005

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4 hours ago, rooster59 said:

Premchai and his party, however, who are out on bail, did not show up as expected.

 

No double-standard?

 

The basis of Thai "law" (Kotmai Tra Sam Duang and Sakdina) actually define "standards" based on one's status. So, in essence, there are multiple/infinite standards.

 

But the phrai should expect to be detained indefinitely awaiting trial - assuming they don't plead guilty to halve their sentence and go directly to jail. And the amart usually have a stack of 'get out of jail free' cards.

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Cadbury Apprentice Member

Cadbury

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4 hours ago, rooster59 said:

No double standard in Premchai case, court insists

This will be a huge test of the meaning and interpretation of the term ...."double standards" 

If his CV is anything to go by and the history of the treatment of others of his kind who break the law he is a certainty to walk.

1. Mr. Premchai Karnasuta, MBA has been the President of Italian-Thai Development Public Company Limited since 1983 and has been its Managing Director since 1986.

 

2. His Board memberships are:

Chairman
Director
Director
Director
Chairman of the Board
Director
1993-Present
Vice Chairman
1994-Present
President, Managing Director, Member of Management Board and Executive Director
2004-Present
Non-Executive Chairman
2006-Present
President and Director
3. His company affiliations are:
 
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Jimbo in Thailand Apprentice Member

Jimbo in Thailand

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Amazing Thailand! They caught this HiSo poacher and his partners red-handed with the guns and ammo, with the black leopard carcass and bullet-ridden pelt, and with other dead illegally poached animals.  What's worse is they caught this HiSo villain and his crew camping with all of the above evidence within the borders of the same protected game sanctuary AND without permission to be there.  Anywhere else in the world this would be considered ironclad evidence and the perps would be immediately locked up until the trial date. Yet, these Thai villains—flight risks all of them—are allowed to simply walk away hoping they'll come back on their own volition to face trial at some vague point in the future.  This is confirmation that proof of a crime—beyond a shadow of a doubt—means absolutely nothing here if you're way up in the Thai food chain.

 

I can't help but wonder how different this incident would have been handled by Thai authorities and the Thai media had the perp been a poor Thai or a farang who has lived here for years. [I only mention the farang's status to differentiate him vs a tourist or illegal immigrant who would definitely be a flight risk.]  We already know the answer to that, don't we?

Edited by Jimbo in Thailand
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sawadee1947 Platinum Member

sawadee1947

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6 hours ago, cornishcarlos said:

 

Seriously !!!

They are subject to detention for interrogation purposes but are not even in detention and can't be bothered to show up every 12 days even :)

It's comical...

Of course there is a reason for this kind of law....... In the meantime he can grab his money and leave this country. He would not be the first one..... 

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robblok Star Member

robblok

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15 minutes ago, JOC said:

No double standards here...Who do you think, you are fooling...?

http://www.buriramtimes.com/mercy-thai-couple-sentence-picking-mushrooms-reduced-five-years/

 

This elderly couple was originally sentenced to 15 years in jail for picking mushrooms in a national park...

 

mush.jpg

That case is not exactly as it was reported there. They were arrested for illegal logging. They confessed to that. The army was going after illigal loggers in the area and this couple heard about the raid and fled leaving their belongings behind them. That was how they were caught and charged with illegal logging. They had friends and lawyers advise them to confess... and so they foolishly did.

 

Not saying this case does not stink, because it does but it certainly is not how it is reported in that article. I will send you a link 

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atyclb Platinum Member

atyclb

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8 hours ago, SABloke said:

"No double standard in Premchai case, court insists"

 

I actually believe the courts - there are usually ZERO standards applied when dealing with the rich :coffee1:

 

 

the wealthy do not get a free pass, they must pay substantially for it.

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