Appeals court overturns acquittals against tour company bosses

By The Nation

 

File photo

 

The appeals court on Thursday imposed a Bt500,000 fine on each of the three executives of Fuan Travel Co in the case of the alleged “zero-dollar-tour” and upheld the lower court's acquittal for the rest of the 10 defendants.

 

The verdict – read at Bangkok's Ratchadapisek Criminal Court – said the court agreed with the primary court that the evidence was insufficient to prosecute the defendants for racketeering and money-laundering. 

 

However, it ruled that Fuan Travel executives Somkiat Khongcharoen, 59, Thawal Jaemchokechai, 61, and Winit Chantharamanee, 71, were guilty of violating the tourism and tour-guide laws and imposed a Bt500,000 fine. 

 

On August 25, 2017, the Criminal Court dropped charges against 10 defendants on insufficient evidence of racketeering, money laundering and violating tourism laws. 

 

The defendants included members of the Rojrungrangsee family and several firms, such as OA Transport Co, Bangkok Handicrafts Centre Co, Royal Gems International Co, Royal Paradise Co, Thai Herb Co and Baan Kanom Thongthip Co. 

 

The case coincided with the authorities' crackdown on “zero-dollar-tour” operators that reportedly offered Chinese visitors free or low-cost hotel and flight packages to Thailand. The visitors were then lured into buying overpriced services and souvenirs during the trips, which have allegedly damaged the reputation of Thailand.

 

Source: http://www.nationmultimedia.com/detail/national/30358628

 

-- © Copyright The Nation 2018-11-15

Tour groups and their greed,are destroying thailands beaches .

14 hours ago, snoop1130 said:

However, it ruled that Fuan Travel executives Somkiat Khongcharoen, 59, Thawal Jaemchokechai, 61, and Winit Chantharamanee, 71, were guilty of violating the tourism and tour-guide laws and imposed a Bt500,000 fine. 

"it" being the Appeals Court.

This is a curious aspect of the Thai judicial system wherein the Appeals Courts can overrule a lower court finding of 'not guilty' with a verdict of 'guilty,' even to the extent of adding charges not brought before the lower court.

However, Thai judges are allowed to personally investigate cases in their docket and consider evidence not presented by either the prosecution or defendant as they deem appropriate. The defendant cannot cross examine the judge. In essence the courts can rule capriciously with little or no transparency that makes it difficult for a defendant to get a fair trial.

The other curious aspect is the Appeals Court setting the fine instead of remanding the case back to the Lower Court for an appropriate fine.

So in some ways the Appeals Court behaves like a Lower Court that makes a sham of a judiciary hierarchical system. In fact the prosecution has the option to bypass both the Lower Court and Appeals Court and take a case directly to a Supreme Court.