Phuket’s courtroom prescription: Legal drama escalates in Swiss assault dismissal

[webfact]

Picture of Urs Fehr (right) courtesy of Bangkok Post

 

by Bob Scott 

A gripping legal battle is heating up in Phuket as the lawyer representing a woman doctor challenges the court’s shocking decision to dismiss her assault case against a Swiss man. Dr Thandao Chandam claims she was kicked in the back by 45 year old Urs Fehr, also known as David, while she sat outside his villa on Yamu Beach in Thalang district on February 24.

 

The court threw out the case on September 3, citing insufficient evidence against Fehr. But Dr Thandao’s legal eagle, Niphit Intharasombat, isn’t backing down. He’s filing an appeal to the Supreme Court, insisting that the testimonies of Dr Thandao and her colleague, who witnessed the incident, are far more credible than Fehr’s version of events.

 

Fehr reportedly lost his cool over what he believed was trespassing. The situation escalated after Dr Thandao’s companion apologised and tried to leave, accepting Fehr’s claims of ownership. Niphit alleges that when they returned to the scene, Fehr attempted a second attack on the 27 year old woman, visibly enraged and further inflamed by the presence of his wife, said Niphit.

“Two police officers arrived and separated the parties involved. They held mediation for over three hours, focusing on the issues of trespass and assault.”

Niphit emphasised that forensic examinations confirmed Dr Thandao’s injuries.

 

“The doctor and her colleague wouldn’t have alerted the security guard if she hadn’t been attacked.”

The appeal lodged with the Phuket Kwaeng Court seeks the Supreme Court’s intervention to reopen the case and reassess the evidence.

 

Dr Thandao’s legal team is optimistic that the appeal will lead to a fresh evaluation of the alleged assault, determined to ensure that justice is served, reported Phuket news.

 

Original story: Swiss man acquitted in Phuket court for kicking woman doctor

 

A Swiss man charged with kicking a woman doctor on the steps leading down to a beach outside his villa in February was acquitted by Phuket Kwaeng Court yesterday.

 

The court extended the benefit of the doubt to the 45 year old Swiss expat Urs Fehr, also known as David. Details of the court’s ruling remain undisclosed.

 

David faced accusations of kicking 26 year old Dr Thandao Chandam in the back while she and a friend watched the full moon on steps at Yamu beach, adjacent to his rented villa in Thalang district on February 24. Following the incident, the Swiss and his Thai wife apologised, claiming they thought the doctor was trespassing on their property. They explained that David slipped on the steps and accidentally struck Dr Thandao.

 

Subsequent investigations revealed that the steps to the beach were not part of the rented villa and were illegally constructed. Local officials later demolished the steps.

 

The incident generated significant public outrage and was widely covered in social and mainstream media. Residents demanded David’s expulsion, leading immigration police to revoke his visa, citing him as a societal threat. The Swiss appealed the revocation.

 

In addition to this incident, David was fined for a separate road rage altercation involving an ambulance driver. His foundation’s licence for elephant conservation was scrutinised, and officials revoked licences for a pistol and rifle registered to him and his foundation.

 

The court yesterday declared David not guilty of the incident that incited public outcry.

Kasem Chandam, Dr Thandao’s father, confirmed the court’s decision, stating that his daughter was upset by the ruling. He mentioned that her lawyers would request a full copy of the court’s judgement in the coming days.

 

Source: The Thaiger 

-- 2024-10-31

 

 

[MalcolmB]

A lot of the farangs on this forum like to play the victim of a perceived racism by the Thais on white people.

 

If you play it smart we actually have an advantage.

 

Harden up, play it smart, use face, money, and win.

[Henk Langeweg]

Take care when she walks a zebra crossing ...

[JoePai]

So does Urs get the money back he paid the police/court 😂

[khunpin]

Obviously a dangerous man. 

Send him out and ban him from re-entering!

[lordgrinz]

Wasn't he labeled a threat to social peace by the immigrations office and the governor of the Province? He won his case, but I thought he was still being deported, or is that not so anymore?

[Ebumbu]

This guy is 45? I suspect pickle juice. 

[theshu25]

How the hell did he get of this charge?

[lordgrinz]

1 minute ago, theshu25 said:

How the hell did he get of this charge?

 

The same way those Kiwi brothers got out of attacking a police officer and taking his weapon.

[spidermike007]

Outstanding news, the more difficult they can make this creeps life, the more this incident costs him in the way of treasure and public humiliation, the better. Some people forget that ultimately we are guests in this country, and we should all be treating the locals with respect. This guy is a lowlife street thug, and should be treated as such. Utter vermin. 

[Kwausie]

Shocking out come they weren’t even his steps and what decent man kicks a woman, angry men like him don’t deserve to live here!

[bkk6060]

45?  Baggie eyed filth he looks 65.

[riverhigh]

"Dr Thandao Chandam claims she was kicked in the back by 45 year old Urs. Niphit (her lawyer) emphasised that forensic examinations confirmed Dr Thandao’s injuries."

 

VS..

 

"The court extended the benefit of the doubt to the 45 year old Swiss expat. They (his lawyers) explained that David slipped on the steps and accidentally struck Dr Thandao.

 

Based on Mr. Urs past altercations I doubt very miuch that he slipped. The dog ate my homework defense. Hopefully there are x-rays, etc that can prove otherwise.

 

 

[Ebumbu]

2 minutes ago, bkk6060 said:

45?  Baggie eyed filth he looks 65.

 

He's got bigger problems than a lawsuit Thailand. His liver is foie gras. 

[Sig]

25 minutes ago, Ebumbu said:

This guy is 45? I suspect pickle juice. 

I'd have guessed more like  55, at least!

Edited October 31 by Sig

[NowNow]

But why did the women return to the scene after leaving?

[smedly]

i think it likely that some physical contact took place which is technically assault but this is getting ridiculous, apologize and move on

[advancebooking]

19 minutes ago, spidermike007 said:

Outstanding news, the more difficult they can make this creeps life, the more this incident costs him in the way of treasure and public humiliation, the better. Some people forget that ultimately we are guests in this country, and we should all be treating the locals with respect. This guy is a lowlife street thug, and should be treated as such. Utter vermin. 

Are you not worried about defamation laws. He has been proven to be innocent thus far. 

[Keeps]

6 minutes ago, NowNow said:

But why did the women return to the scene after leaving?

 

6 minutes ago, NowNow said:

But why did the women return to the scene after leaving?

Maybe with the security guard that the article says she alerted. Or maybe she was enraged and wasn't prepared to let the matter rest. 

[bananafish]

Glad to hear it, ridiculous ruling. 

[sammieuk1]

If she loses the appeal does he get to kick her again 🤔

[paul1804]

Did he really kick her or was it a nudge to move her on? Why did she return after apologising on the first encounter, also the court initially found in his favour! If he did in fact actually kick her then he should pay the price of assault but somehow I believe there is more to this story! It does seem that he is an angry man if the reporting is factual but again we know how inaccurate & misleading reporting in Thailand can be. We also know the brown envelope scenario!!!

[hotchilli]

3 hours ago, webfact said:

Niphit emphasised that forensic examinations confirmed Dr Thandao’s injuries.

Lets hope the supreme court take on this case and :Swiss" gets punished.

[Sig]

7 minutes ago, riverhigh said:

"Dr Thandao Chandam claims she was kicked in the back by 45 year old Urs. Niphit (her lawyer) emphasised that forensic examinations confirmed Dr Thandao’s injuries."

 

VS..

 

"The court extended the benefit of the doubt to the 45 year old Swiss expat. They (his lawyers) explained that David slipped on the steps and accidentally struck Dr Thandao.

 

Based on Mr. Urs past altercations I doubt very miuch that he slipped. The dog ate my homework defense. Hopefully there are x-rays, etc that can prove otherwise.

 

 

If you ever end up, through whatever sort of unfortunate event, being accused of something, you'll appreciate very much the idea of needing your guilt to be proven beyond a reasonable doubt. Although this guy appears to be a genuine scumbag, the evidence is not as clear as one would hope in order to convict this guy (on the charge of physical assault/battery). I don't know how a juror/judge could convict on the evidence that we've heard here. It is plausible that he could have slipped and struck her by accident that way, and the real time apology stating as much lends some credence to the idea, even if one is reluctant to believe it because of his character. The fact is, that could have been what happened. It is not beyond a reasonable doubt. His inability to control his anger and ego doesn't make that an implausible event. But other than the disputable accusation of kicking her, I don't see why he shouldn't be charged with assault. There may be no battery, but I believe there absolutely is a case for simple assault (if such a charge exists in Thailand) in his aggressive and threatening demeanor toward her and her friend. I think that should be VERY easy to convict him on. Sometimes lawyers go for charges that require a higher bar of evidence and end up losing, when they could have gone for a lower charge and won. That's what this appears to be IMO.
Of course, all of that is assuming no brown envelopes were floating around....

[hotchilli]

2 hours ago, JoePai said:

So does Urs get the money back he paid the police/court 😂

He might have to re-invest to keep the higher court happy

[Sig]

12 minutes ago, smedly said:

i think it likely that some physical contact took place which is technically assault but this is getting ridiculous, apologize and move on

I could be wrong, but I think that since the contact is claimed to have been unintentional, then it wouldn't be considered assault/battery. And there is no clear evidence to show one way or the other, so..... a "he said, she said" argument won't gain traction.
But, as I mentioned in my comment a moment ago, I believe he could still be convicted of simple assault. There is no need for physical contact to be guilty of assault. And from everything I read about it, he appears to be as guilty as ever for that charge.

[4MyEgo]

3 hours ago, webfact said:

But Dr Thandao’s legal eagle, Niphit Intharasombat, isn’t backing down. He’s filing an appeal to the Supreme Court, insisting that the testimonies of Dr Thandao and her colleague, who witnessed the incident, are far more credible than Fehr’s version of events.

 

Hmmm wondering if he is playing with her battered emotions, cause either way, it's cha ching all the way to the bank for him $$$$$$$.

 

As a Dr, she should know better, i.e. how the system here works, he/she who offers most wins IMO.

[portisaacozzy]

33 minutes ago, Kwausie said:

Shocking out come they weren’t even his steps and what decent man kicks a woman, angry men like him don’t deserve to live here!

wow,you are going to kick out many many Thi men !!

[Kwausie]

5 minutes ago, portisaacozzy said:

wow,you are going to kick out many many Thi men !!

Yes you are very right but we are guests of this country and must respect all Thais, we are all here because generally Thais are beautiful and caring people.

[renaissanc]

Maybe the prosecution couldn't prove that the Swiss man didn't slip.