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

[Senechal]

Defense team also wants a pony.

[tomacht8]

1 hour ago, OneMoreFarang said:

As far as I know murder is murder if a person intentionally kills someone. As far as I see the torture was intentionally and they obviously knew that the suspect could die. But they didn't intend to kill the suspect.

That is just the way I understand the term "murder". Apart from that IMHO that torturing police officer should go forever to jail and forever to hell.

You see the Video?

They simply tortured him to death. His death struggle, which lasted several minutes, was easy to see for all police officers present and nobody stopped it and they willingly let him suffocate.

 

The intention was: you tell us something or we will kill you. That's intent.

Do not fall for there lies.

Edited August 30, 2021 by tomacht8

[Al BB]

8 hours ago, HaoleBoy said:

Nothing being said about the torture being common practice?

But, of course torture and cohersion are denied in public.

 

I have heard his father-in-law is a higher up police too.

Yep, He married his daughter I believe.

[MrJ2U]

The whole justice system from the top on down is so corrupt it's mind boggling.

 

It'll never change.

[kidneyw]

The only one going to be found culpable in this whole scenario, is the dude who leaked the video.

[Deli]

I plea for death penalty. Gimme the gun and I'll pull the trigger.

[Edwin Cameron]

The whole world is following this MURDER Thailand, you had better grow some cohune's.

[tomacht8]

16 minutes ago, Edwin Cameron said:

The whole world is following this MURDER Thailand, you had better grow some cohune's.

I am also amazed at the media response in my home country. Newspapers and television full broadside. Videos of police officers torturing a person to death by suffocating with plastic bags over his head do not fit into the image of an idyllic and supposedly secure vacation paradise. Especially in countries where the police is respected and are really friends and helpers.

Edited August 30, 2021 by tomacht8

[Scott]

A troll post has been reported and removed.  

 

[seajae]

so its ok for the police to torture someone to death  as it is only manslughter not murder because they can make a lot of money out of it if the dead person agrees to pay the bribe before they die, the world is wetting themselves laughing at Thailand and the totally incompetent police farce, when financial gain becoms more important than the law what else  can you really expect

[EricTh]

13 hours ago, Thaiwrath said:

 

Downgrading charges to manslaughter is especially significant because the jail term is reduced from 3-15 years. Since it is Thitisant’s first offense it may even be suspended.

 

That is a possible outcome, and if that happens and he walks free, it is a <deleted> disgrace !

 

What do you mean by 3-15 years? What is the charge for murder? Can you give an example?

 

 

[Sydebolle]

Not possible, simply impossible.

He publicly declared being not guilty; the rest is a matter of thickness of those large manila envelopes - me thinks. While in Udon Thani the death sentence was handed down (correctly), this little sweetheart of a police pr1ck will walk - everything else would be completely "un-Thai"! 

[jacko45k]

10 hours ago, Edwin Cameron said:

The whole world is following this MURDER Thailand, you had better grow some cohune's.

it will fade, some other global event will grab their attention. This will be quietly swept under the carpet.... we rarely get to hear the outcome of these types of trials....

Edited August 30, 2021 by jacko45k

[LennyW]

Guess they will have to edit the video for the court then, because right now it shows murder quite clearly!

Edited August 31, 2021 by LennyW

[smedly]

16 hours ago, Scouse123 said:

They had a judgment passed down by the Supreme court in 2017 relating exactly to this type of case.

 

The Supreme court stated in such actions as this plastic bagging, it was reasonable to assume it would result in death.

yes it would result in death if not removed - the plastic bag in effect becomes a lethal weapon but it is not straight forward, why did the victim not remove the bag - his hands were tied, who tied his hands, or he was restrained  etc etc  

[DBath]

My guess is little Joe the gangsta will be back on the force in no time and continuing his womanizing and car-collecting ways. 
 

(With a stipulation by the court that he not go within 10 meters of a plastic bag.)

[chalawaan]

isn't it funny how the mob howl for justice then throw the baby out with the bathwater.

 

As much of an evil little <deleted> and career criminal Chief Chicken Wing is, a 1st year law student understands a charge of murder rests on intent.

 

Unless evidence emerges to demonstrate the intent was murder, and not extortion, it is manslaughter.

 

Another astonishing side to this case is that the entire incident is a clear case of torture, it was basically the same concept as waterboarding.

 

So we and they, know torture is against international law, its never OK, whereas state-sanctioned killing, (war and "justice") is not subject to a total ban under any circumstances!

 

Yet that's all sidelined as the mob on here howl "murder". 

 

And either way, what does it matter? The punishments won't extend to the falsified death certificate, the underlings, or overlords, so it's basically a case of scapegoating ferrari boi while the whole stinking pig-fest continues unabated, the latest cop to be involved in expensive car crime says it all.

 

They need to burn the entire place down, and start over.

Edited August 31, 2021 by chalawaan

[Scouse123]

4 hours ago, smedly said:

yes it would result in death if not removed - the plastic bag in effect becomes a lethal weapon but it is not straight forward, why did the victim not remove the bag - his hands were tied, who tied his hands, or he was restrained  etc etc  

They already admitted to restraint with handcuffs/ ties and tying his hands because he tried to remove the bags, it would be an automatic bodily response anyway if you couldn't breathe.

 

Ambiguity has been removed today, the autopsy is in, he died of asphyxiation, not of a drug overdose as well we all knew anyway.

 

I am not going to get into an argument on TVF, the guy was a drug dealer, but if we allow jungle law then we are no better. The police who did this are not worthy of the title. They are thugs and murderous scum, and usually up to far worse evildoing than the victim.

 

Thailand is patrolled by thugs in brown uniforms and not worthy of respect.

 

Well done to the junior policeman for reporting this and to the lawyer for uploading it for all to see. It shows there is some humanity here.

[Artisi]

2 hours ago, chalawaan said:

isn't it funny how the mob howl for justice then throw the baby out with the bathwater.

 

As much of an evil little <deleted> and career criminal Chief Chicken Wing is, a 1st year law student understands a charge of murder rests on intent.

 

Unless evidence emerges to demonstrate the intent was murder, and not extortion, it is manslaughter.

 

Another astonishing side to this case is that the entire incident is a clear case of torture, it was basically the same concept as waterboarding.

 

So we and they, know torture is against international law, its never OK, whereas state-sanctioned killing, (war and "justice") is not subject to a total ban under any circumstances!

 

Yet that's all sidelined as the mob on here howl "murder". 

 

And either way, what does it matter? The punishments won't extend to the falsified death certificate, the underlings, or overlords, so it's basically a case of scapegoating ferrari boi while the whole stinking pig-fest continues unabated, the latest cop to be involved in expensive car crime says it all.

 

They need to burn the entire place down, and start over.

You are correct, as the intention was information sourcing it will be manslaughter - as for the underlings, it will be argued along "culture" lines, do as you're told and don't question your superior's - a severe slap on the wrists and possibly some jail time for them. 

[mvdf]

It's gonna be whittled down until it becomes a misdemeanor and finally a negligible infraction punishable by days in jail. From manslaughter, his defense teams will push for minor or provoked manslaughter, thus diminishing culpability. And if that works, gears and cogs will be whirring to further refine the charge to something along the lines of self defense or a stand your ground thingy.

 

[GeilGeilertzen]

Pretty insane. 
This case is actually Thailand’s chance to show they’ve got some balls to uphold normal expected law and order. 
He needs to get life in jail.  If not other officers will just continue these horrible interrogations. 
 

 

Edited August 31, 2021 by GeilGeilertzen

[chalawaan]

Wait until ASEAN Now "break" the story that the whistleblower cop being found drowned is fake news!

 

According to the Fake News Command, or whatever that ridiculous media control outfit run by the fat "watch"dog no less! Call themselves.

 

The dead rozzer does not exist, its all a rumoor, well, rumour or not, how do they expect the publiuc to respond to the denial, given who runs this Orwellian outfit, and why it was created to begin with!

 

While I doubt this is Thailands Arab Spring (and that failed anyway) I love watching them screw it up and tie themselves in knots.

 

Yes, yes, yes. The world media, are outraged, but the world at large, gives not a tinkers cuss, and the fortnight-fornicators and their ilk will still jump thought the even more ridiculous hoops to pay as much or even more for sex in tired old treeless Pattaya, that they could have in Germany with no corruption, no shakedowns, multinational barenaked ladies, free German beer and a five-star all day buffet thrown in! 

Edited August 31, 2021 by chalawaan

[smedly]

34 minutes ago, chalawaan said:

Wait until ASEAN Now "break" the story that the whistleblower cop being found drowned is fake news!

they won't find anything - people just dissapear in Thailand many from police custody if they ever actually get there

[tomacht8]

7 hours ago, chalawaan said:

As much of an evil little <deleted> and career criminal Chief Chicken Wing is, a 1st year law student understands a charge of murder rests on intent.

 

Unless evidence emerges to demonstrate the intent was murder, and not extortion, it is manslaughter.

 

Another astonishing side to this case is that the entire incident is a clear case of torture, it was basically the same concept as waterboarding.

 

So we and they, know torture is against international law, its never OK, whereas state-sanctioned killing, (war and "justice") is not subject to a total ban under any circumstances!

 

Yet that's all sidelined as the mob on here howl "murder". 

 

And either way, what does it matter? The punishments won't extend to the falsified death certificate, the underlings, or overlords, so it's basically a case of scapegoating ferrari boi while the whole stinking pig-fest continues unabated, the latest cop to be involved in expensive car crime says it all.

 

They need to burn the entire place down, and start over.

I suspect you didn't study criminal law. In Joes case 3 murder criteria are fulfilled. Greed, cruelty and cover up.

 

The realization of murder marks is crucial. These can be divided into three groups. The first and third groups concern perpetrator-related characteristics of murder, the second group crime-related characteristics of murder. In the first group, the pure motivation of the perpetrator is decisive. Here the perpetrator always commits murder when he takes the life of another person for low motives. These include lust for murder, satisfaction of the sexual instinct, greed and other low motives.

 

Greed

Greed represents any unusual, unhealthy and morally objectionable increase in the pursuit of profit at any price. Characteristic is the unbridled, ruthless pursuit of profit "at any price", including that of a human life. A further prerequisite is that the victim's assets increase immediately, at least as he imagines, through the killing or that there is otherwise no prospect of an immediate increase in assets.

 

In the case of the crime-related characteristics of the murder of the second group, a certain way of committing the crime and thus a certain unworthy behavior of the crime is viewed as particularly reprehensible. A total of three variants can be distinguished here.

 

Cruelty

It is cruel to inflict particularly severe physical or mental pain - which goes beyond what is necessary for the killing as such, measured in terms of the severity, duration and repetition of the cause of the pain. In doing so, action must be taken out of a callous, ruthless disposition. Torture, burning, starvation or dying of thirst.

 

After all, killing is always punishable as murder if the objective is reprehensible. This is related to another offense, which reveals the reprehensible degree of the perpetrator. This third group of murder traits includes:

 

Concealment intention

The intention to cover up is understood to mean the endeavor to prevent or make it more difficult to become aware of the predicate offense, whether internal or external, to evade threatened criminal prosecution or to evade another person. It is irrelevant for what reasons the predicate offense should be covered. For this reason, the avoidance of consequences under criminal law is also a permissible target of concealment.