Defense team, police wants Joe Ferrari tried for manslaughter not murder

[Andycoops]

Clearly this is all a misunderstanding and the matter will soon be resolved with a few wais, despite the clinical evidence shown to the nation courtesy of one of his own.

[smutcakes]

Has the hospital concluded the autopsy yet?

 

Let me guess, drug overdose- cannot redo autopsy or double check as the body has been cremated. Verdict some meaningless charge, suspended as 1st offense...... a few weeks in a monastery before quietly being reinstated somewhere to reappear in 5 years down the line into some other lucrative high ranking position.

[Misterwhisper]

Just as expected.

 

And here is the reason why:

2 hours ago, webfact said:

senior police officers close to Pol Col Thitisant “Joe Ferrari” Uttanapol

How "close"? Well, one can only speculate, but perhaps "so close" that they regularly received a "senior" share of the "profits" generated by "Little Joe" through the latter's various... uhm... activities.

[robblok]

9 minutes ago, tomacht8 said:

Further, the Thai Criminal Code imposes the maximum penalty of death, when the killing was done under the following circumstances:

1. If the victim is an ascendant of the offender;

2. If the victim is an official acting in the exercise of his official functions or having exercise his functions;

3. If the victim is a person who assisted, is planning to assist or has assisted an official who is performing an official function;

4. If the killing was premeditated;

5. If the offender employs torture or any acts of cruelty;

Lets hope that the prosecutor takes option 5 or that reporters bring this out if he does not resulting in protests.

 

This definitely fits this number 5

[tomacht8]

I don't have much hope for a fair judgment in the name of the people either.

 

However, it would be time for a court to show the Thai people that they do not tolerate torture police and murderers, putting plastic bags over people's heads and suffocate them.

 

An outlawing of bestial torture methods by police officers would be appropriate here.

[Liverpool Lou]

2 hours ago, lom said:

Manslaughter, eh?

Then he will probably be able to keep his job at least until he is eligible to retire in a few years time.

He's been fired already.

[Liverpool Lou]

1 hour ago, ikke1959 said:

manslaughter and torture???? Oh wait That is normal practice so not punishable.  I strongly believe he is out of the country already...

Where was it stated that the offences were "not punishable"?

And he is in custody.

Edited August 30, 2021 by Liverpool Lou

[Scouse123]

That story doesn't wash.

 

In 2017, the Supreme Court gave judgement to the Police that it was obvious putting a plastic bag over a defendants head could lead to unconsciousness and death.

 

The cop has murdered him and looking for a route out.

 

This country and its laws applying to the rich and privileged are a disgrace. 

 

It's a banana republic. 

[2long]

1 hour ago, smedly said:

This is a difficult one TBH, the act itself was life threatening and intended to be just that - if at any time during this event the victim was threatened with - "you are going to die if you don't tell us" then it is clearly murder as there was intent and the plastic bags are lethal weapons, the argument is thin - it's like shooting someone then claiming you didn't intend to kill them- that argument could stand if you shot someone in the leg at point blank and they bled out - not so easy to defend if you shot them in the head.

 

Murder is clearly defined as intent to kill 

I reckon Smedly's pretty-much spot on.

As much as we all want the book thrown at this piece of dirt, there is an argument that the guy died due to the actions of the cop but the cop didn't mean or plan to kill him. HOWEVER, with all the other factors, such as torture, releasing the wife/gf on the promise of keeping quiet and removing the CCTV, he deserves AT LEAST ten years behind bars, and that doesn't mean sentenced to ten years, it means in jail for minimum 10 years.... and the victim's family get his cars and house.

[Will B Good]

The first thing I would question is what on earth has this got to do with ANY senior police officers?

 

It is the equivalent of the CPS that determine the charges and the defendant's defense team responsibility to defend him. It is nothing to do with the police.

[tingtong]

If anything, 

Only surprised that there is so little mention is the case about extreme torture...

6 vs 1, handcuffed and a couple plastic bags on head...and that is only to start...

A far cry from a slap.

 

But Jo Public is getting slapped in the face again, another hard core corrupt criminal gets away...real luck there are so many inactive posts to fill in Thailand.

[nowhereman]

Now if this is not a good reason to ban plastic bags in Thailand, I don't know what else could it be.

[tomacht8]

The defense team and senior police officers close to Pol Col Thitisant “Joe Ferrari” Uttanapol plan ...

 

It's amazing what kind of senior police officers here. Apparently they are now also fully trained lawyers in criminal defense.

Or they are trying to put pressure on the public prosecutor's office?

 

What do these characters have to do with the case if they are not investigators or witnesses?

[Will B Good]

3 minutes ago, nowhereman said:

Now if this is not a good reason to ban plastic bags in Thailand, I don't know what else could it be.

Picked up some meds yesterday.

 

They were in a box, sealed in wrap-around plastic. The pharmacist placed the box into a small plastic bag and then got a slightly larger plastic bag and placed the box and plastic bag in that plastic bag.

 

The wife was with me, so I know I'm not allowed to say anything.

[Rookiescot]

I always thought manslaughter was because it was an accident.

Cutting off someones oxygen supply is not an accident.

[Robin]

Start of his acquittal and release.  Certain if he becomes  Monk for a week or 2, nd pays for the funeral of his victim.

He would not have turned himself in  unless he knew that he would get an acquittal of such a light sentence.  Deal has already been done, so why expect Justice.  TIT.

[Will B Good]

Just now, Robin said:

Start of his acquittal and release.  Certain if he becomes  Monk for a week or 2, nd pays for the funeral of his victim.

He would not have turned himself in  unless he knew that he would get an acquittal of such a light sentence.  Deal has already been done, so why expect Justice.  TIT.

Yes, turning himself in was almost certainly after negotiations had taken place to predetermine the outcome.

[tomacht8]

27 minutes ago, 2long said:

I reckon Smedly's pretty-much spot on.

As much as we all want the book thrown at this piece of dirt, there is an argument that the guy died due to the actions of the cop but the cop didn't mean or plan to kill him. HOWEVER, with all the other factors, such as torture, releasing the wife/gf on the promise of keeping quiet and removing the CCTV, he deserves AT LEAST ten years behind bars, and that doesn't mean sentenced to ten years, it means in jail for minimum 10 years.... and the victim's family get his cars and house.

Then you don't know the Thai court practice.

 

1. The charges are being "negotiated" behind closed doors.

2. Then the show trial begins. Joe will then confess and receive a 50% reduction in sentence in the judgment.

3. Then immediately follows his objection to the judgment. The whole thing then goes into the appeal.

4. This is followed immediately by the application for release on bail.

5. And then the whole thing stretches like chewing gum for many years.

Edited August 30, 2021 by tomacht8

[chickenslegs]

Mrs C tells me that it's been reported on Thai TV that a junior police officer, involved in the release of the video, has been killed.

 

I can't find anything in the English news. Maybe someone else can confirm.

[OneMoreFarang]

3 hours ago, webfact said:

was only guilty of manslaughter and not murder

I think that is the truth. It seems he wanted to extort money from the suspect. Dead suspects don't pay money. That makes it clear he didn't plan to murder the suspect.

And if the authorities to their job then it is likely they will find that was not the first time he tried to extort money and tortured suspects. That should be enough to jail him for life. At least it should be if the authorities really want that... 

[RichardColeman]

1 hour ago, tomacht8 said:

Further, the Thai Criminal Code imposes the maximum penalty of death, when the killing was done under the following circumstances:

 

1. If the offender employs torture or any acts of cruelty;

Hopefully death then. Set an example to the police that torture and murder will not be tolerated in any form

[pokerface1]

3 hours ago, wprime said:

They're probably right, I doubt he intended to kill. It's hard to extort money from a dead man.

As I’ve suggested before. They already got all the information they needed using just one plastic bag. So the extra 5 were definitely an overkill or murder for sure. They have no right to torture anyone to death he needs to be made an example of. 

[Rampant Rabbit]

3 hours ago, SooKee said:

Why not go for shoplifting? ????

Or "looking at me in a  funny  way"

[Will B Good]

Just now, Rampant Rabbit said:

Or "looking at me in a  funny  way"

Wow! 

 

Now that is serious territory. Don't want to be going down that road.

[jacko45k]

And so it begins..... with dilution until it is all but water running in the drain.

[Scouse123]

2 hours ago, 2long said:

I reckon Smedly's pretty-much spot on.

As much as we all want the book thrown at this piece of dirt, there is an argument that the guy died due to the actions of the cop but the cop didn't mean or plan to kill him. HOWEVER, with all the other factors, such as torture, releasing the wife/gf on the promise of keeping quiet and removing the CCTV, he deserves AT LEAST ten years behind bars, and that doesn't mean sentenced to ten years, it means in jail for minimum 10 years.... and the victim's family get his cars and house.

Not a chance of his family getting house and cars. They might, as is usual, get something through a private agreement but accepted by the court.

 

Same with sentencing. Thai law doesn't work that way. He deserves the death sentence.

 

However, there is case law from Supreme court in 2017, saying and stating it shouldn't be done to suspects ( plastic bagging ) and it was reasonable to presume it could result in death.

 

He didn't care, he thought he was privileged, a high flier and the law didn't apply to him , the same as many of these pieces of s&it

[Sunderland]

Sure looks like premeditated murder to me. Not an accident.

 

People calling Thailand a 'banana republic' is too kind.

Edited August 30, 2021 by Sunderland

[drenddy]

Fine...Give him a lesser sentence, but make him change name to Joe Toyota Prius as well.

[herfiehandbag]

2 hours ago, Will B Good said:

The first thing I would question is what on earth has this got to do with ANY senior police officers?

 

It is the equivalent of the CPS that determine the charges and the defendant's defense team responsibility to defend him. It is nothing to do with the police.

The senior police officers have very considerable influence, and will deploy that influence to ensure that events follow the course which they wish them to.

[Scouse123]

4 hours ago, lom said:

Manslaughter, eh?

Then he will probably be able to keep his job at least until he is eligible to retire in a few years time.

With what he has already begged, stolen and borrowed and the assets he has, he hardly needs a police pension. Scum, that's what he is, and so are all those defending him.