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Does anyone know if you can get a meeting with a prosecuting attorney in Pattaya?


Longwood50

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7 minutes ago, allanos said:

Calling the OP "intense" is a very tactful understatement, in my view.

 

Whilst his attending the village Juristic meetings is valid enough, he is now off on his own crusade following an extremely minor altercation with an excitable Thai.

 

It seems to be more a case of wounded pride, or, in a Thailand context, "loss of face". Perhaps he has been in the country too long.

 

As a suggestion, find the perp, take him for a beer or three, calm the situation down and explain why the need for the video recording, etc. Then shake hands (or wai)!

 

This eminently reasonable suggestion may fall on stony ground as the OP has an axe to grind and is busy searching for a grinding wheel.

I think the OP might be from the USA.

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7 minutes ago, allanos said:

Calling the OP "intense" is a very tactful understatement, in my view.

 

Whilst his attending the village Juristic meetings is valid enough, he is now off on his own crusade following an extremely minor altercation with an excitable Thai.

 

It seems to be more a case of wounded pride, or, in a Thailand context, "loss of face". Perhaps he has been in the country too long.

 

As a suggestion, find the perp, take him for a beer or three, calm the situation down and explain why the need for the video recording, etc. Then shake hands (or wai)!

 

This eminently reasonable suggestion may fall on stony ground as the OP has an axe to grind and is busy searching for a grinding wheel.

'A calm word soothes a savage brow'

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6 minutes ago, scorecard said:

Perhaps if you share the specific e reason why you want to videotpe the committee meetings you might get better responses.

he did in the OP.......

On 1/17/2022 at 12:09 PM, Longwood50 said:

What is being reported to the Land Office does not coincide with the meetings.  The Land Office suggested to videotape the meetings. 

However I am still not sure what exactly he can do with them or what the Land Office will/can do with that evidence?

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Personally, you are off track, the real issue first hand is what are you after in regards to the Land office and what the Thai chairperson is claiming?  Are they doing something illegal?  The last place you need to go is someone at the land office this is something for a professional!  I suggest attending one of the expat clubs and asking for some references and interviews. In regards to being attacked that is a separate issue you can go to the nearest station and file a restraining order on the individual I've done that before as suggested when the guy broke the order and came to my house put his hand on my son that is when I knocked him silly. Although I was a farang having the order got me off the hook for paying for his medical bills.

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11 minutes ago, scorecard said:

Perhaps if you share the specific e reason why you want to videotpe the committee meetings you might get better responses.

Pointing a camera here at anybody without permission is asking for trouble. As for nonsense about meeting a 'prosecution attorney '...lol its just bonkers American fantasy  privilege...lol

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I would caution you about being too public with your criticism/complaint. Especially posting on social media like Facebook. Review Thailand's civil and criminal defamation laws. You might find the government prosecutor more interested in you than the Juristic Entity.

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Since the Land Office suggested you videotape the meetings, why not go back to ask them:

 

1. What evidence the videos provide that you can act on?

2. What actions you can take against the guy who got ballistic at the meeting?

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On 1/17/2022 at 12:09 PM, Longwood50 said:

a way to get an unbiased opinion. 

I know this will get many laughs, but have you spoken to your local TOURIST Police? If you decide to do so, take along the Royal Thai Police report you have already made. You might get more sympathy. They are there to help both foreigners and Thais. If they are non-committal, then I apologise for wasting your time.

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Condo Owner Legal Minuted “No Confidence” Committee Vote & FIRING of this guy or, if no authority for that in property articles, Refusal to CoOperate with him. Landowner Replacement. That should have happened at first evidence of Fraud to Land Office There is no other Legal or Executive Recourse here. Forget Unnecessary Lawyers unless Fired Juristic goes that route first. 

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3 hours ago, tgw said:

because if all they did was to "make up" some statements and file them without monetary or other damages to owners / tenants / tax office

The attempt to grab my cell phone and in the process grab me even after being warned to not lay his hands on me is what I would like to discuss with a prosecuting attorney.  I would like someone who is knowledgeable about Thai law to view the tape and say that yes, this is something that is a violation of the law, or no, that no judge would view this as an infraction. 

Regarding the land office.  It can be documented that signatures shown to be in attendance at the meeting to reach a quorum were never in attendance with some even out of the country.  It can be documented that the person who the documents said conducted the meeting, was nominated, and elected as chairperson of the committee said nothing, was never nominated, and that another person was in fact nominated and elected.  The video tapes evidence that yet another person that it was reported to the land office as being in attendance, nominated, and elected to vice chairperson was not in attendance, never nominated, and never even voted on. 

These are just a few of the infractions.  Despite written requests for financial records, it has been ignored, even when the request came from an attorney.  There has been no audit, no filing with the land office, no balance sheet and no separate account for funds of the Juristic Entity rather the money has been deposited in the persons personal account with the majority of the fees being demanded to be paid in cash rather than transfer.  

This is just a small sample of the questionable activity.  The questioning it is what raised the rhetoric at the last minute with the chairperson attempting to secure my cell phone to stop the taping.  It can certainly be recognized that videotapes of the meeting can dispute what has been filed and attested to at the Land Office. 

 

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Just think about that defamation is a possibility against you when things go not as you want it to go.

In Thailand, defamation is a criminal offense. Under section 326 of the Penal Code, the person commits defamation charge when they make false statement to someone by communication that false statement to the third person, causing damage to the reputation of the injurer.

 

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1 hour ago, ClaySmc said:

Since the Land Office suggested you videotape the meetings, why not go back to ask them:

 

1. What evidence the videos provide that you can act on?

2. What actions you can take against the guy who got ballistic at the meeting?

Yours is a reasoned questioned.  We have asked the land office.  They respond that since they were not in attendance at any of the meetings, they have no idea what is true or false and have no obligation to investigate.  Even with the videotapes showing who attended the meeting and it conflicts with who was said to be at the meeting, their response and very accurately so is they too have no idea who these people are nor would they have any way of identifying them. 

They have said the only recourse is to file suit and have the court investigate.  However, that is not my issue.  My issue is trying to determine if the chairperson's actions broke the threshold to file a criminal action against him.  If a knowledgeable prosecuting attorney said no, its a waste of time, then I would not pursue it.  If it did warrant criminal action, I would consider doing so in light of the other irregularities that are happening in the village.  Without financial records every being provided it is impossible to ascertain if the monies are being misspent.   A "rough" calculation by me of the homeowners shown to have outstanding balances gives me some idea of how much was collected.  If I then "estimate" how much is spent on the normal expenses I can not account for something in excess of 1 million baht. 

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1 hour ago, ClaySmc said:

Since the Land Office suggested you videotape the meetings, why not go back to ask them:

 

1. What evidence the videos provide that you can act on?

2. What actions you can take against the guy who got ballistic at the meeting?

I somehow doubt the land office personnel are the right people to give advice about " What actions you can take against the guy who got ballistic at the meeting". 

 

As others have mentioned make yourself familiar with and beware of the Thai laws about defamation etc. As above I rather doub the land office snr/jnr personnel are capable of serious advice on this subject. It's not their professsion/knowledge area.

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13 minutes ago, Resident Alien said:

Just think about that defamation is a possibility against you when things go not as you want it to go.

In Thailand, defamation is a criminal offense.

Yes aware of that.  However at this point there have been no accusations, only requests for financial reporting and audits.  

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2 minutes ago, GrandPapillon said:

This is why it's a lost cause, there is no damage, there is no case

Honestly, the next time I want to have recommendations from someone who knows nothing about the Thai Law nor someone who has not seen the video tape or entire body of evidence I will go to the local market and ask the person who sells fish.  They know as much about the Thai law as you do. 

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1 hour ago, Srikcir said:

I would caution you about being too public with your criticism/complaint. Especially posting on social media like Facebook. Review Thailand's civil and criminal defamation laws. You might find the government prosecutor more interested in you than the Juristic Entity.

That is sage advise.  No, I am aware of Thailand's defamation laws.  That is why I am making no assertions of misdeeds, no names, nor even giving the Juristic Entity involved.  I only asked if anyone knew of how to contact a prosecuting attorney to review the video tape and other information and advise if it was worth pursuing or a lost cause. 

 

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3 minutes ago, Longwood50 said:

Yours is a reasoned questioned.  We have asked the land office.  They respond that since they were not in attendance at any of the meetings, they have no idea what is true or false and have no obligation to investigate.  Even with the videotapes showing who attended the meeting and it conflicts with who was said to be at the meeting, their response and very accurately so is they too have no idea who these people are nor would they have any way of identifying them. 

They have said the only recourse is to file suit and have the court investigate.  However, that is not my issue.  My issue is trying to determine if the chairperson's actions broke the threshold to file a criminal action against him.  If a knowledgeable prosecuting attorney said no, its a waste of time, then I would not pursue it.  If it did warrant criminal action, I would consider doing so in light of the other irregularities that are happening in the village.  Without financial records every being provided it is impossible to ascertain if the monies are being misspent.   A "rough" calculation by me of the homeowners shown to have outstanding balances gives me some idea of how much was collected.  If I then "estimate" how much is spent on the normal expenses I can not account for something in excess of 1 million baht. 

 

The title 'prosecutor' can have quite different meanings in different countries:

 

- It could mean the person who takes the evidence gathered by the police etc., then decides whether the state should pursue action against a person / legal entity, and starts a legal action on behalf of the state.

 

- It could mean simply 'lawyer', asked/given a contract to take action your hehalf, therefore the opposite role to the point just above.

 

Which is it?

 

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On 1/17/2022 at 2:42 AM, bbko said:

I'm from the US, and in a matter like this "he grabbed me so I want him charged with assault", I doubt you get to speak with a prosecuting attorney before any charges are filed, they are not there to advise you, you either need to hire a lawyer or tell the police you want to press charges, good luck, you'll need it, TiT not the US.

Even in the US, by merely grabbing someone by the arm, most prosecutors won't touch it. Because all the "grabbing" party has to say is the "grabbee" was threatening or intimidating the "grabber". There would need to be physical evidence of injury and the cost of that injury to the grabee. If the grabee was a minor, or depending on location in the US, a person in a "protected class", then there could be criminal legal enforcement action taken. But in LOS, I doubt it, unless you got a fat stuffed brown envelope in your back pocket...

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3 hours ago, Longwood50 said:

The attempt to grab my cell phone and in the process grab me even after being warned to not lay his hands on me is what I would like to discuss with a prosecuting attorney.  I would like someone who is knowledgeable about Thai law to view the tape and say that yes, this is something that is a violation of the law, or no, that no judge would view this as an infraction. 

Regarding the land office.  It can be documented that signatures shown to be in attendance at the meeting to reach a quorum were never in attendance with some even out of the country.  It can be documented that the person who the documents said conducted the meeting, was nominated, and elected as chairperson of the committee said nothing, was never nominated, and that another person was in fact nominated and elected.  The video tapes evidence that yet another person that it was reported to the land office as being in attendance, nominated, and elected to vice chairperson was not in attendance, never nominated, and never even voted on. 

These are just a few of the infractions.  Despite written requests for financial records, it has been ignored, even when the request came from an attorney.  There has been no audit, no filing with the land office, no balance sheet and no separate account for funds of the Juristic Entity rather the money has been deposited in the persons personal account with the majority of the fees being demanded to be paid in cash rather than transfer.  

This is just a small sample of the questionable activity.  The questioning it is what raised the rhetoric at the last minute with the chairperson attempting to secure my cell phone to stop the taping.  It can certainly be recognized that videotapes of the meeting can dispute what has been filed and attested to at the Land Office.

well, you read my point of view.

maximum for your cellphone grabber is a 1000 baht fine.

 

if you want to get anywhere, prove fraud.

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