Verdict on Chiang Mai fatal crash deferred as additional Bt5m demanded

[snoop1130]

Verdict on Chiang Mai fatal crash deferred as additional Bt5m demanded

By Thanakorn Wongnang
The Nation

 

File Photo

 

The Chiang Mai Provincial Court has postponed its ruling on a January 2 fatal crash to September 23 after the parents of one of the victims decided to become co-plaintiffs and demand compensation. The crash claimed the lives of 28-year-old TV host and stylist Jatupat “Centimetre” Khemnak and 30-year-old “Next to Normal” store manage Supakit Kerdsam.

 

The court was initially slated to read the verdict on Thursday against Wichitra Pukboonreung, 25, for driving recklessly and causing deaths and property damage, but rescheduled it after Supakit’s parents requested on Thursday to become co-plaintiffs and demand Bt5 million in compensation. 

 

The parents said they had been angered by Wichitra’s behaviour, adding that she never contacted them to offer assistance and did not even “wai” or apologise for the accident. So, they decided to demand for Bt5 million in compensation for their son’s death. 

 

Jatupat and Supakit were killed with Wichitra’s Toyota sedan slammed into their Honda CRV, sending it to plunge into a roadside canal in Chiang Mai’s Muang district on the night of January 2. Police said CCTV images showed that the CRV was in the correct lane, while Wichitra’s sedan was in the U-turn lane and was at fault as it drove straight, resulting in the collision.

 

Source: https://www.nationthailand.com/news/30374501

 

-- © Copyright The Nation Thailand 2019-08-08

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[thequietman]

It's the only thing that makes sense here! Sad really. ????

[Cadbury]

23 minutes ago, snoop1130 said:

The Chiang Mai Provincial Court has postponed its ruling.........

Nothing is settled until all the envelopes are in place. Particularly when it comes to the judiciary.

[CNXexpat]

Learning for the future: better do a wai and say sorry.

[chickenslegs]

32 minutes ago, snoop1130 said:

The parents said they had been angered by Wichitra’s behaviour, adding that she never contacted them to offer assistance and did not even “wai” or apologise for the accident. So, they decided to demand for Bt5 million in compensation for their son’s death. 

The parents know that the courts will not sufficiently punish the guilty driver (Wichitra), who  has not even had the good grace to apologise.

 

Seems that this is their motivation for making the 5MB claim.

 

I wish them success - and the strength to cope with the terrible tragedy of losing their son.

[amykat]

26 minutes ago, thequietman said:

It's the only thing that makes sense here! Sad really. ????

Isn’t this what is done in every other country??  Pay money for negligent deaths we cause???  If not, better to kill someone than cause massive injuries you have to pay for.

[justin case]

so the death of a poor thai or migrant worker is 5 - 30.000 baht

 

but richy richy needs 5 million

[Srikcir]

16 hours ago, amykat said:

Isn’t this what is done in every other country??  Pay money for negligent deaths we cause???

Yes and no.

In developed countries with democratic judicial systems, there are dual judicial systems: civil court and criminal court. They only overlap with regard to evidence but operate separately and independently with regard to personal adjudication. The civil court deals with compensation issues under the rules of reasonable doubt while the criminal court deals with incarceration and/or capital punishment under the rules of beyond a shadow of doubt. As such one might be found innocent in the criminal court for an alleged act but guilty for compensation for the same alleged act. See O.J. Murder case in the U.S. as an example. 

But in Thailand the civil case for an alleged act seems to tie directly to the criminal case involving the same alleged act. If the civil case is settled to the satisfaction of the plaintiffs (in this case the survivors), the criminal case ceases. Basically, for the sake of money, criminal adjudication is sacrificed. This is not democratic justice.

[Ctkong]

4 hours ago, Srikcir said:

Yes and no.

In developed countries with democratic judicial systems, there are dual judicial systems: civil court and criminal court. They only overlap with regard to evidence but operate separately and independently with regard to personal adjudication. The civil court deals with compensation issues under the rules of reasonable doubt while the criminal court deals with incarceration and/or capital punishment under the rules of beyond a shadow of doubt. As such one might be found innocent in the criminal court for an alleged act but guilty for compensation for the same alleged act. See O.J. Murder case in the U.S. as an example. 

But in Thailand the civil case for an alleged act seems to tie directly to the criminal case involving the same alleged act. If the civil case is settled to the satisfaction of the plaintiffs (in this case the survivors), the criminal case ceases. Basically, for the sake of money, criminal adjudication is sacrificed. This is not democratic justice.

The civil case hurt their pockets because there is little social safety net for victims. The criminal court is thus sacrificed for the greater good of  society.  The elites know this well and figure that financial compensation is the magic key to all mishaps. The plebeians are getting around to this fact too and are worshipping the money god too. Sadly this is the state of mentality in Thai society right now. Seeing anecdotal evidences of such practices do not help matters. 

[Ctkong]

Time to buy personal liability insurance in Thailand since it is well documented that financial compensation to the wronged party or victims can make the problems go away if the shit hit the fan. 

[Srikcir]

16 hours ago, Ctkong said:

Sadly this is the state of mentality in Thai society right now.

The new Minister of Finance plans to reduce social inequality. 

https://news.thaivisa.com/article/38444/finance-minister-orders-economic-plans-in-three-months

But he has no control over the justice system.

Maybe we'll hear the same pledge from the Minister of Justice.

[SmartyMarty]

was this the crash where the vehicle hit crossed the road and went over into the canal without ever applying the brakes? I seem to recall the footage showed no brake lights coming on, but I may be mistaken.

[Just Weird]

On 8/8/2019 at 8:41 PM, thequietman said:

It's the only thing that makes sense here! Sad really. ????

"Here"?  You seem to be suggesting that compensation for accident victims or their families doesn't exist anywhere else.   Sad really.

Edited August 11, 2019 by Just Weird

[Just Weird]

On 8/9/2019 at 7:24 AM, justin case said:

so the death of a poor thai or migrant worker is 5 - 30.000 baht

 

but richy richy needs 5 million

Unfortunately that's how compensation claims work, worldwide, not just here; the loss of potential earnings/support is the basis of them!

[Just Weird]

On 8/9/2019 at 1:54 PM, Srikcir said:

But in Thailand the civil case for an alleged act seems to tie directly to the criminal case involving the same alleged act. If the civil case is settled to the satisfaction of the plaintiffs (in this case the survivors), the criminal case ceases. Basically, for the sake of money, criminal adjudication is sacrificed. This is not democratic justice.

"If the civil case is settled to the satisfaction of the plaintiffs (in this case the survivors), the criminal case ceases".

That is incorrect, compensation awards in Thailand do not necessarily cancel criminal action and sacrifice adjudication.

[thequietman]

3 minutes ago, Just Weird said:

"Here"?  You seem to be suggesting that compensation for accident victims or their families doesn't exist anywhere else.   Sad really.

No, this was a dig at the police farce and the rule of law here including the courts and their ability to be bought. I was suggesting that compensation seems to be the only way for the little man to get some kind of justice in this sham of a legal system.

But hey, you just go ahead and have your pop any way. It's what you do!

[samsensam]

On 8/8/2019 at 3:13 PM, amykat said:

Isn’t this what is done in every other country??  Pay money for negligent deaths we cause???  If not, better to kill someone than cause massive injuries you have to pay for.

 

in many countries even though killing someone by car is often treated more leniently than by other means the judicial system is usually able to punish those responsible with incarceration, driving ban as well as financial compensation. in Thailand the judicial system is not really fit for purpose and/or corrupt so the only recompense many victims can get is financial. 

[Just Weird]

24 minutes ago, thequietman said:

No, this was a dig at the police farce and the rule of law here including the courts and their ability to be bought. I was suggesting that compensation seems to be the only way for the little man to get some kind of justice in this sham of a legal system.

But hey, you just go ahead and have your pop any way. It's what you do!

Hey, you just go ahead and have your Thai-bash anyway. It's what you do!

[moe666]

On 8/9/2019 at 1:54 PM, Srikcir said:

Yes and no.

In developed countries with democratic judicial systems, there are dual judicial systems: civil court and criminal court. They only overlap with regard to evidence but operate separately and independently with regard to personal adjudication. The civil court deals with compensation issues under the rules of reasonable doubt while the criminal court deals with incarceration and/or capital punishment under the rules of beyond a shadow of doubt. As such one might be found innocent in the criminal court for an alleged act but guilty for compensation for the same alleged act. See O.J. Murder case in the U.S. as an example. 

But in Thailand the civil case for an alleged act seems to tie directly to the criminal case involving the same alleged act. If the civil case is settled to the satisfaction of the plaintiffs (in this case the survivors), the criminal case ceases. Basically, for the sake of money, criminal adjudication is sacrificed. This is not democratic justice.

But it works for Thais it is how they precieve justice and how they get justice.

[tifino]

 No amount of money can bring back the dead, but more focus really needed to quell the Montecarlo raceway antics of that inside lane. The lines are clearly painted; to depict the U-Turnexit lane, the NoMansLand stripes, and the Entrance lane from the crossover. 

The arrogant ignorance against lawful usage of the lanes will always be deadly...

No different than the drivers ignoring all pedestrian lights elsewhere in the country.

 

Edited August 12, 2019 by tifino