From the Death Sentence to the Dismissal of All Charges: Thai Supreme Court Rules on the Cook and Gerard Narcotics Case

[webfact]

 

By Adam Judd

 

The following is a press release from Thailand Bail Legal Services. Their statements and opinions are entirely their own.

 

From the Death Sentence to the Dismissal of All Charges: Thai Supreme Court Rules on the Cook and Gerard Narcotics Case

 

The case has been completely dismissed by the Supreme Court after 19 months of consideration since the death penalty verdict from the Court of Appeals.

 

The defendants, Australian Luke Joshua Cook and American Tyler Gerard (AKA Tyler Joseph Fulton Sheen Gerard), after almost 4 years and 6 years behind bars respectively, are out of prison, out of Thailand, and back home. We believe this is a major win for our firm, for our clients, and for Thailand’s legal system.

 

We have included some facts about the case below:

 

Mr. Luke Joshua Cook and Mr. Tyler Gerard were both originally arrested for this case in December 2017. It has been almost 4 years since then. On 09 November 2018, the Court of First Instance (Rayong Provincial Court) read the verdict, sentencing both defendants to death. The decision was appealed, and the verdict was read by the Court of Appeals, Region 2, on 26 February 2020 and 19 March 2020 for Mr. Luke Joshua Cook and Mr. Tyler Gerard respectively. The death penalty was upheld for both defendants.

 

Full story: https://thepattayanews.com/2021/09/19/from-the-death-sentence-to-the-dismissal-of-all-charges-thai-supreme-court-rules-on-the-cook-and-gerard-narcotics-case/

 

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[fasteddie]

Some large brown envelopes involved?

[Damrongsak]

  On 9/19/2021 at 9:27 PM, fasteddie said:

Some large brown envelopes involved?

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Googling those names brings up some interesting stuff. I don't think they were model Boy Scouts. 

 

http://www.thailawforum.com/blog/thailand-upholds-death-sentence-for-two-foreigners-convicted-of-smuggling-meth

 

[smedly]

would make a good movie

[ezzra]

I can't even begin to fathom what it feels like to be sentence to death spending years locked up in death row and than be cleared of all charges and let go, mus be some giant roller coaster of emotions, having said that, they were cleared and let go, hopefully they have learned something from that awful experience and will have the rest of their lives to enjoy... 

[fredscats]

Wot! about P.iss Stop bar?

[ourdon]

  On 9/19/2021 at 9:27 PM, fasteddie said:

Some large brown envelopes involved?

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They may not be innocents abroad, but I don't think brown envelopes were involved.

 

............................  Wheelbarrows maybe

 

Ahh, the wheels of justice turn round and round

[nobodysfriend]

  On 9/19/2021 at 9:13 PM, webfact said:

Luke Joshua Cook and American Tyler Gerard (AKA Tyler Joseph Fulton Sheen Gerard), after almost 4 years and 6 years behind bars respectively, are out of prison, out of Thailand, and back home.

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After 4 and 6 yrs in thai prison , they should have learned their lesson .

Death penalty was a little exaggerated anyway ...

[Scouse123]

That's good news for him. I said on here all along he was a scapegoat and stitched up by the Police and those expat wannabe police volunteers that were heavily involved with the steroid and drug scene.

 

He didn't mix with the best of people nor was he the sharpest tool in the box but at least justice has prevailed in this country for once.

[Scouse123]

  On 9/19/2021 at 11:21 PM, ourdon said:

They may not be innocents abroad, but I don't think brown envelopes were involved.

 

............................  Wheelbarrows maybe

 

Ahh, the wheels of justice turn round and round

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I think it was very much a case of private diplomatic talks high up the chain with the powers that be in Thailand and nothing to do with brown envelopes.

 

It was clear early on he was just a ' patsy '

[bbko]

The American guy gave police info on other drug dealers, I'm guessing those caught won't be forgetting him anytime soon.

[Keesters]

  On 9/19/2021 at 9:13 PM, webfact said:

We believe this is a major win for our firm, for our clients, and for Thailand’s legal system.

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Gotta love the order of the wins. Shows where their priorities lay. 

[ExpatOilWorker]

  On 9/20/2021 at 12:00 AM, nobodysfriend said:

After 4 and 6 yrs in thai prison , they should have learned their lesson .

Death penalty was a little exaggerated anyway ...

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What penaltie should they then get for murder?

 

Months later, Cook and Gerard were arrested and pleaded guilty to killing another foreigner living in Thailand, Wayne Rodney Schneider.

[Kerryd]

These two have a long criminal history in Thailand.

"Arrest in 2015 and subsequent trial suggests Cook had links with criminality in Pattaya

However, Luke Cook was arrested by Thai police in December 2015.

His arrest, along with the American Mr Gerard, was for participating in the murder of prominent Hells Angels associate Wesley Shneider who was abducted from his home and later beaten to death over the same drug trafficking plot."

Cook and Gerard were both involved in that murder apparently. Had to do with Cook "allegedly" borrowing $10+ million from Schneider to buy drugs, which he (Cook) then had to dump at sea when confronted with a Navy patrol boat. (He was seen dumping bags of something overboard but they didn't find anything on the boat. Apparently the bags of drugs (crystal meth) washed up on shore the next day.)

Schneider supposedly wanted his money back and was abducted and murdered by Cook and Gerard (and others). (That was the case where the perps got caught because they'd rented a truck which had a GPS tracker in it. The cops used that to trace their route and found where they'd buried the body.)

Got to wonder how they get all charges dropped. Of course, Cook's father claims his son is a "good guy" and not associated with the Hells Angels or anything like that.

Also note that a witness, who was a former Police Volunteer, had to flee Thailand when it was discovered he was involved in a human trafficking operation.

 

 

[4MyEgo]

  On 9/19/2021 at 10:09 PM, smedly said:

would make a good movie

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Midnight Express came to mind 1978.

 

Will have to think of a title for this one.

[4MyEgo]

There is a sentence in there that could refer to a few of us farangs here, hint, one size doesn't fit all, e.g. I don't work etc.....lol

 

https://www.smh.com.au/world/aussie-hells-angels-member-arrested-over-huge-drug-haul-in-thailand-20171212-h0349a.html

[Tarteso]

  On 9/19/2021 at 9:13 PM, webfact said:

…are out of prison, out of Thailand, and back home.

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So that’s correct, good guys in, bad guys out. ????

[bbko]

  On 9/20/2021 at 12:37 AM, Scouse123 said:

That's good news for him. I said on here all along he was a scapegoat and stitched up by the Police and those expat wannabe police volunteers that were heavily involved with the steroid and drug scene.

 

He didn't mix with the best of people nor was he the sharpest tool in the box but at least justice has prevailed in this country for once.

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A scapegoat?  555.  He was neck deep in meth smuggling and the kidnapping that led to murder.  

[vandeventer]

  On 9/19/2021 at 10:09 PM, smedly said:

would make a good movie

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It's getting more and more like America here the good people rot in jail and the bad ones go free.

 

[johnarth]

this will go down in history and no doubt will be reenacted in police courses all over the world

[2008bangkok]

Some about turn that, sentenced to death and upheld by courts of appeal. Then completely aqquited.

What that say about the justice system here!!

[David T Pike]

What? No mention of Cook's Thai partner Ms. Kanyarat Wediphitak who was locked up too?

 

If you read the the full story about this debacle you can see how the Thai Prosecutors were just looking for a check in their win column and fabricated their whole case on horse manure!

[rott]

  On 9/20/2021 at 12:39 AM, Scouse123 said:

I think it was very much a case of private diplomatic talks high up the chain with the powers that be in Thailand and nothing to do with brown envelopes.

 

It was clear early on he was just a ' patsy '

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Not sure which one you're referring to but could have been Vatican diplomats going by those middle names. 

[sammieuk1]

Just when you thought it couldn't get any more mysterious here up pops acquittals of farangs ???? 

[Jonathan Swift]

  On 9/20/2021 at 2:21 AM, vandeventer said:

It's getting more and more like America here the good people rot in jail and the bad ones go free.

 

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Nowhere near as bad as the US, never will be. There are similarities, but at least in Thailand you don't have covid denying anti vax white supremacist lunatics getting in your face wherever you go, or even shooting and stabbing people over mask rules. Criminal justice, or injustice, systems tend to have the same problems no matter where you go, money/power/influence are always involved, those who don't have clout or are unlucky in the wrong place/wrong time pay the price. I've been falsely jailed and convicted in the US, right on my own property. All it took was someone lying to the cops, and a cop who wanted one more bust on his resume. And me without enough money to get a good enough lawyer. I have no worries whatsoever about any such thing in Thailand. I know how to keep my nose clean.

[Mywayboy]

The ABBA song.

MONEY MONEY MONEY 

Talks all Languages. 

[shackleton]

Will wait for the book or movie to come out all about their case 

They were lucky people to get their case dismissed of all charges 

[Andrew65]

  On 9/20/2021 at 12:00 AM, nobodysfriend said:

After 4 and 6 yrs in thai prison , they should have learned their lesson .

Death penalty was a little exaggerated anyway ...

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I don't believe that Thailand has ever executed a farang.

[dj230]

Talk about dodging a bullet 

[hansnl]

On what grounds were they condemned by two or three courts and on what grounds were they released as clearly not guilty or no case.