Up Date On 2005 Heroin Bust Phuket

[newtronbom]

Despite all this, I love Thailand. It is my home.

you seem to be a brave man Ian. i will submit your case to the Klingon High Council with the recommendation to award you with honorary Klingon citizenship.

congratulations on the outcome and joke aside. if something like this would have happened to me and my wife we'd take the next available flight out of Thailand.

If i was Ian i would be doing the same as soon as possible. Look at the case of Kevin Quill he was acquitted by the courts and then the supreme court overturned this ruling.

See below.

Kevin Quill, 45, former owner of the Fighting Cock pub, was arrested and convicted in 2001 on drug charges, which he has strenuously denied.

He served six months in a Thai jail before being granted bail. In 2005 the country's Court of Appeal acquitted Mr Quill of the charges saying there was no evidence against him.

However this week the case went to the Supreme Court who rejected the acquittal and sentenced him to six years' imprisonment.

Scource: Telegraph and Argus (British local paper)

How can anyone have any confidence in the Thai judicial system when you see this kind of thing happening. He had every chance not to return from the UK to Thailand when he was acquitted, but believed in the Thai system and he was sadly let down badly.

Cheers, Rick

Hi Rick. Thanks for the advice. It's a shitty situation we have cause on one hand this is, for better or worse our home now. Burnt all my bridges so to speak at home. I too am worried about Thai justice, but what to do? If I stay we run the risk of going down, but on the other hand, if we get out of dodge, I will be breaking the law as well. The prosecutor has appealled our case and I am not allowed to leave the country without permission from the court. I don't have Taksin Shinawatts clout and I doubt that the court would give us permission to leave. Oh dear. Mitch.

Firstly, "Congratulations" on yours and your wife's release after serving 22 months in a Thai jail! I can only imagine how horrendous it must have been inside. (I hear enough about the poor conditions in Bangkok Remand Prison and Klong Prem Prison in Bangkok).

I can't believe that it took 22 months for your case to come to court - the wheels of justice turn so slowly in Thailand. From what you have written above, it seems that your nightmare is far from over. Despite being acquitted, the State Prosecutor is appealing the verdict??? Have I understood correctly? Therefore you are not supposed to leave the country without prior approval from the Court. right?

How long will it take to reach the Supreme Court (Dika Court)? It could be anything from 6 months to 18 months to 2 years right? So in the meantime, your life remains in limbo. Has you lawyer advised you of the timeline? I still find it very hard to understand why - after all you and your wife have been through - why on earth do you want to stay in a country such as this which as treated you like this??

I think you should now be weighing up the possible outcomes if this is going forward to the Dika Court:-

1) You are succesful, win your case and you are declared a free man.

2) You are unsuccessful - what is the minimum and maximum sentence? (Remember that the original sentence handed down by the initial court can also be increased at this point if I understand correctly).

Perhaps something to consider... try and get a sounding via your Lawyer/another Lawyer as to the likelihood of you obtaining compassionate leave for you and your wife to leave the coutry to get medical treatment or visit your or her "sick" mother in NZ/UK and then it is up to you if you return or don't return for the Supreme Court Trial.....

Although you should be aware that the Supreme Court hearing will not be run like it is in the West. In Thailand, your Lawyer and the State Prosecutor will submit all their papers and arguments in advance (I think you have 1 month from when the State Prosecutor files an appeal for you to submit all papers). Then, on the date of the Supreme Court hearing, the verdict which has already been decided, is just read out. So you will not have a chance to speak up at all at the hearing.

I am not sure what happens in the event the defendant is "absent"?????????? i.e. if you and your wife ARE granted leave to exit the country but then YOU decide NOT to return here for the Supreme Court trial. Perhaps you forfeit the case? (Something to find out from your Lawyer or call up the British Embassy for advice).

Depending upon what decision you make, you and your wife can sell your house etc and start again in another country. Or return to a country with a PROPER police force!@

I think you need to now be finding out LOTS of information in terms of dealing with a best case and worst case scenario and the odds. If you have family financial support, you may want to consider engaging another lawyer who specialises in Supreme Court cases and sound them out on your likely verdict.... It pays to be wise in advance as many can tell you from bitter experience.

I would also strongly advise you to get either the British or NZ Embassies on side. What a difference if they can submit a document of support on your behalf and/or attend the Supreme Court Hearing.....

All I would also say is Thailand is just one country, you and your wife have already seen 22 months inside a Thai jail. This will no doubt have left some terrible scars and aged you in ways that many Posters cannot even begin to comprehend. Ask yourself are you really prepared if the verdict does go against you. And I am sorry to say that I would not equate levels of justice at the Supreme Court here with the Supreme Courts in Western countries.

Furthermore, IMO which I may be wrong and apologies if I sound negative here but as a consequence of the above, your name will ALWAYS be flagged in this country. Can you live with the unknown bust and arrest at 2am as you have previously been picked out by the Thai Police? (Those bastions of honour and justice ).

Once again apologies if I seem overly negative, I am just trying to be realistic.

The Very Best of luck and health to you and your wife.

Andiamo

Thank you for your post. Appreciate the advice. All that you say is quite correct. BUT...my wife is Thai, the good people who put their land up to get us out on bail would lose it, if I don't appear in court (over 3 mill which is very low for a case this big, which all the more shows how confident the judges are in our innocence in this case), and the complete lack of evidence with the police. They cant bring in new evidence by law even if there was any. Finally the judges comments during the trial are all down on paper. If you had been there you would have seen what they thought of the police in our case. Yes it will still take a long time for this to go to court - ave about 2 years. Unlikely the prosecutor would appeal again when he loses this one as it is only standard form to appeal a big case like this in any case. Cheers for your help, but will stick around. Their memory span is not that great and they have many other and bigger cases to chase. Mitch. PS: The NZ embassy were with us at court every day and saw that we had things pretty much in control. They said it was very exciting watching the action eg. police and prosecution screaming at each other, police getting shit on their faces with every bit of so called evidence going down in flames! It was quite a show and I am lucky I speak good Thai and could understand 80% of what went down. Mitch.

huh? Didnt you say in another of your posts that you had a house just outside of BKK that is worth 9 million baht? Surely the court would have had you put that up as surety ?

Hi. Sorry to get back so late but i've been out. The court would have let us put the house up as security, however we were both in prison, and had no way to arrange that and the police ran us in circles for over 3 months when we did get out, before telling us that they had lost our land ownership papers!! We would call them and make a time to go in and pick the papers up, take a cab into town at around 270 baht there and the same back, only to arrive and be told that so and so was out and would we please come back another day! We had hardly any money and were beginning to think we would never get them back. I think we finally just wore them out. We have only just got them back after having to report them "LOST". We have been out near 6 months now. So if we had had to rely on our house papers to get out, we would still be in paradise prison!! This is just a small example of the many problems we have had in dealing with the police. They do not take kindly to loosing. Mitch

PS: and we dont even have 3 mill now, let alone 3 mill more to give the Thai gvt!!

[newtronbom]

Quote Hagler: Didn't you say in another of your posts that you had a house just outside of BKK that is worth 9 million baht?

Surely the court would have had you put that up as surety ?

=====

That crossed my mind too!

3 million Bt to avoid another possible injustice?

Cheap, pay it & go.

Who has your passport?

I have my passport which is brand new. It doesn't have an entry stamp or visa on it though - not that I need a visa, as I'm on bail right? That is another nest of worms to sort out when this is all over. I was here on a non immigrant marrige visa, which still had 9 months on it. I wonder what happens to that? I had thought that the court would want my passport, but they just wanted a copy. I have no reporting clause either as we won our case. Just I have to apply for permission to leave the country. Mitch.

[LaoPo]

I have my passport which is brand new. It doesn't have an entry stamp or visa on it though - not that I need a visa, as I'm on bail right? That is another nest of worms to sort out when this is all over. I was here on a non immigrant marrige visa, which still had 9 months on it. I wonder what happens to that? I had thought that the court would want my passport, but they just wanted a copy. I have no reporting clause either as we won our case. Just I have to apply for permission to leave the country. Mitch.

Maybe contact/write the Judge who was friendly to you + wife and ask him to write an explanation letter for the Immigration department, just in case...It could save you from more trouble.

LaoPo

[hagler]

Despite all this, I love Thailand. It is my home.

you seem to be a brave man Ian. i will submit your case to the Klingon High Council with the recommendation to award you with honorary Klingon citizenship.

congratulations on the outcome and joke aside. if something like this would have happened to me and my wife we'd take the next available flight out of Thailand.

If i was Ian i would be doing the same as soon as possible. Look at the case of Kevin Quill he was acquitted by the courts and then the supreme court overturned this ruling.

See below.

Kevin Quill, 45, former owner of the Fighting Cock pub, was arrested and convicted in 2001 on drug charges, which he has strenuously denied.

He served six months in a Thai jail before being granted bail. In 2005 the country's Court of Appeal acquitted Mr Quill of the charges saying there was no evidence against him.

However this week the case went to the Supreme Court who rejected the acquittal and sentenced him to six years' imprisonment.

Scource: Telegraph and Argus (British local paper)

How can anyone have any confidence in the Thai judicial system when you see this kind of thing happening. He had every chance not to return from the UK to Thailand when he was acquitted, but believed in the Thai system and he was sadly let down badly.

Cheers, Rick

Hi Rick. Thanks for the advice. It's a shitty situation we have cause on one hand this is, for better or worse our home now. Burnt all my bridges so to speak at home. I too am worried about Thai justice, but what to do? If I stay we run the risk of going down, but on the other hand, if we get out of dodge, I will be breaking the law as well. The prosecutor has appealled our case and I am not allowed to leave the country without permission from the court. I don't have Taksin Shinawatts clout and I doubt that the court would give us permission to leave. Oh dear. Mitch.

Firstly, "Congratulations" on yours and your wife's release after serving 22 months in a Thai jail! I can only imagine how horrendous it must have been inside. (I hear enough about the poor conditions in Bangkok Remand Prison and Klong Prem Prison in Bangkok).

I can't believe that it took 22 months for your case to come to court - the wheels of justice turn so slowly in Thailand. From what you have written above, it seems that your nightmare is far from over. Despite being acquitted, the State Prosecutor is appealing the verdict??? Have I understood correctly? Therefore you are not supposed to leave the country without prior approval from the Court. right?

How long will it take to reach the Supreme Court (Dika Court)? It could be anything from 6 months to 18 months to 2 years right? So in the meantime, your life remains in limbo. Has you lawyer advised you of the timeline? I still find it very hard to understand why - after all you and your wife have been through - why on earth do you want to stay in a country such as this which as treated you like this??

I think you should now be weighing up the possible outcomes if this is going forward to the Dika Court:-

1) You are succesful, win your case and you are declared a free man.

2) You are unsuccessful - what is the minimum and maximum sentence? (Remember that the original sentence handed down by the initial court can also be increased at this point if I understand correctly).

Perhaps something to consider... try and get a sounding via your Lawyer/another Lawyer as to the likelihood of you obtaining compassionate leave for you and your wife to leave the coutry to get medical treatment or visit your or her "sick" mother in NZ/UK and then it is up to you if you return or don't return for the Supreme Court Trial.....

Although you should be aware that the Supreme Court hearing will not be run like it is in the West. In Thailand, your Lawyer and the State Prosecutor will submit all their papers and arguments in advance (I think you have 1 month from when the State Prosecutor files an appeal for you to submit all papers). Then, on the date of the Supreme Court hearing, the verdict which has already been decided, is just read out. So you will not have a chance to speak up at all at the hearing.

I am not sure what happens in the event the defendant is "absent"?????????? i.e. if you and your wife ARE granted leave to exit the country but then YOU decide NOT to return here for the Supreme Court trial. Perhaps you forfeit the case? (Something to find out from your Lawyer or call up the British Embassy for advice).

Depending upon what decision you make, you and your wife can sell your house etc and start again in another country. Or return to a country with a PROPER police force!@

I think you need to now be finding out LOTS of information in terms of dealing with a best case and worst case scenario and the odds. If you have family financial support, you may want to consider engaging another lawyer who specialises in Supreme Court cases and sound them out on your likely verdict.... It pays to be wise in advance as many can tell you from bitter experience.

I would also strongly advise you to get either the British or NZ Embassies on side. What a difference if they can submit a document of support on your behalf and/or attend the Supreme Court Hearing.....

All I would also say is Thailand is just one country, you and your wife have already seen 22 months inside a Thai jail. This will no doubt have left some terrible scars and aged you in ways that many Posters cannot even begin to comprehend. Ask yourself are you really prepared if the verdict does go against you. And I am sorry to say that I would not equate levels of justice at the Supreme Court here with the Supreme Courts in Western countries.

Furthermore, IMO which I may be wrong and apologies if I sound negative here but as a consequence of the above, your name will ALWAYS be flagged in this country. Can you live with the unknown bust and arrest at 2am as you have previously been picked out by the Thai Police? (Those bastions of honour and justice ).

Once again apologies if I seem overly negative, I am just trying to be realistic.

The Very Best of luck and health to you and your wife.

Andiamo

Thank you for your post. Appreciate the advice. All that you say is quite correct. BUT...my wife is Thai, the good people who put their land up to get us out on bail would lose it, if I don't appear in court (over 3 mill which is very low for a case this big, which all the more shows how confident the judges are in our innocence in this case), and the complete lack of evidence with the police. They cant bring in new evidence by law even if there was any. Finally the judges comments during the trial are all down on paper. If you had been there you would have seen what they thought of the police in our case. Yes it will still take a long time for this to go to court - ave about 2 years. Unlikely the prosecutor would appeal again when he loses this one as it is only standard form to appeal a big case like this in any case. Cheers for your help, but will stick around. Their memory span is not that great and they have many other and bigger cases to chase. Mitch. PS: The NZ embassy were with us at court every day and saw that we had things pretty much in control. They said it was very exciting watching the action eg. police and prosecution screaming at each other, police getting shit on their faces with every bit of so called evidence going down in flames! It was quite a show and I am lucky I speak good Thai and could understand 80% of what went down. Mitch.

huh? Didnt you say in another of your posts that you had a house just outside of BKK that is worth 9 million baht? Surely the court would have had you put that up as surety ?

Hi. Sorry to get back so late but i've been out. The court would have let us put the house up as security, however we were both in prison, and had no way to arrange that and the police ran us in circles for over 3 months when we did get out, before telling us that they had lost our land ownership papers!! We would call them and make a time to go in and pick the papers up, take a cab into town at around 270 baht there and the same back, only to arrive and be told that so and so was out and would we please come back another day! We had hardly any money and were beginning to think we would never get them back. I think we finally just wore them out. We have only just got them back after having to report them "LOST". We have been out near 6 months now. So if we had had to rely on our house papers to get out, we would still be in paradise prison!! This is just a small example of the many problems we have had in dealing with the police. They do not take kindly to loosing. Mitch

well now you have your title papers for the property back wouldnt it be a reasonable thing for you to apply for a change of surety on your bail to yourselves? very straightforward process ( your lawyer can advise or even the NZ embassy) and then you wont have the problem of your friends having their land tied up and at risk for next couple of years.

[mikethevigoman]

Despite all this, I love Thailand. It is my home.

You are insane or a troll?

I haven't had anything that crazy happen to me in my 5 years here but I am still moving out because to me it is a f*&^ up and dangerous country, your life is always hanging by a thread, either on the roads or when and because police presence too often means trouble instead of help, they rip off your car, motorcycle, strip your house, boat, bank accounts if they can after they've hauled you in. They'll even kill or take you hostage if they feel like it, been done before. If they find you dead, then there's a good chance your close ones will never know what really happened in your last moments on Earth. Then there's the courts.

Beats me how this is still a popular tourist destination.

I see most of them as gypsies,.i was giving this some thought the other day,.seems to apply to a lot of people in thailand,.out to rip you off for every penny possible,.to all you farang that think you have a friend in a bib,ask them to lend you some money,..like happened to kevin quill stop paying and see what happens, the place is consumed with greed and jealousy and those of you that dont see it dont want to,.

[sadman]

Just a thought, but have any of your difficulties been caused or aggravated by having two different identities (i.e. Ian Newton and Kerry Graeme Mitchell)?

Perhaps the authorities drew conclusions from this?

[GooglePerson]

Only a drug conviction in Taiwan, eh? I see you use both Kerry Graeme Mitchell and Ian Newton and admit you are New Zealander. You do realise there is such a thing as Google?

-----

http://www.marijuanalibrary.org/HN_14.html

08/17/93 Drug Swallowing smuggler bagged in Japan

TOKYO (Reuter) - A New Zealander has been arrested in Japan after he was

alleged to have smuggled drugs by swallowing huge quantities of marijuana, a

customs official said on Tuesday.

The official at Osaka International Airport in western Japan said

construction engineer Kerry Mitchell, 37, was seized there on July 12 after he

was alleged to have swallowed 755 grammes of the drug in 118 individual plastic

packets.

"It was amazing -- the guy swallowed more than 700 grammes of marijuana in

packets done up in plastic food wrap," said the official.

- - - -

___

You have already mentioned your connection with ganja and being trouble elsewhere in Asia, so I wonder how many Kiwis there are named Kerry Mitchell involved in drug smuggling in Asia? The age seems to fit as well (37 in 1993 vs 49 in 2005). An identical twin brother?

I wonder if this is why the foreign narcotics community were interested in you. Everyone is entitled to a new start in life - change you name from Mitchell to Newton did you to avoid detection? - but when you are protesting your innocence and leave out key facts from your life story, I don't want one of these delusional foreign publishers with their "innocent-Schapple-Corby-like" to pick up the story. Well, at least this you were smart this time around not to have any drugs on you.

I wonder how you managed to afford a house valued at 9 million baht and a yacht valued at almost 5 million after all those years in a Japanese jail.

[stevenl]

Thanks Google.

The whole thing sounded a bit fishy, but to me it is clear now that his story really IS fishy.

[taxexile]

i'm sure mr. kerry graeme mitchell aka ian newton will be along shortly to clear up the mystery of the double identity and his previous form.

Edited May 15, 2008 by taxexile

[hagler]

Now it is getting interesting...

Hmmm I reckon Simon and Shuster might be reviewing their committment to publishing the best seller right about now.

[sadman]

Also, the original Phuket Gazette article stated that you initially gave your name as Ian James Newton, a UK national, but that the UK passport you proffered turned out to be a fake, whereupon you gave your name as Kerry Graeme Mitchell, a New Zealander.

Now call me an old cynic, but could this thread be trolling, perchance?

[taxexile]

kerry graeme mitchell aka ian newton

just look at the baseball cap , the shifty eyes , the jailhouse jawline , and the lack of taste in shirts.

guilty as charged.

next case please.

[Nirvana]

Only a drug conviction in Taiwan, eh? I see you use both Kerry Graeme Mitchell and Ian Newton and admit you are New Zealander. You do realise there is such a thing as Google?

-----

http://www.marijuanalibrary.org/HN_14.html

08/17/93 Drug Swallowing smuggler bagged in Japan

TOKYO (Reuter) - A New Zealander has been arrested in Japan after he was

alleged to have smuggled drugs by swallowing huge quantities of marijuana, a

customs official said on Tuesday.

The official at Osaka International Airport in western Japan said

construction engineer Kerry Mitchell, 37, was seized there on July 12 after he

was alleged to have swallowed 755 grammes of the drug in 118 individual plastic

packets.

"It was amazing -- the guy swallowed more than 700 grammes of marijuana in

packets done up in plastic food wrap," said the official.

- - - -

___

You have already mentioned your connection with ganja and being trouble elsewhere in Asia, so I wonder how many Kiwis there are named Kerry Mitchell involved in drug smuggling in Asia? The age seems to fit as well (37 in 1993 vs 49 in 2005). An identical twin brother?

I wonder if this is why the foreign narcotics community were interested in you. Everyone is entitled to a new start in life - change you name from Mitchell to Newton did you to avoid detection? - but when you are protesting your innocence and leave out key facts from your life story, I don't want one of these delusional foreign publishers with their "innocent-Schapple-Corby-like" to pick up the story. Well, at least this you were smart this time around not to have any drugs on you.

I wonder how you managed to afford a house valued at 9 million baht and a yacht valued at almost 5 million after all those years in a Japanese jail.

what a class investigator !!

Will be very interesting to see the reply, which surely must come from the innocent ... right ?

Nirvana

[mrtoad]

It seems to have gone quiet.

[newtronbom]

Only a drug conviction in Taiwan, eh? I see you use both Kerry Graeme Mitchell and Ian Newton and admit you are New Zealander. You do realise there is such a thing as Google?

-----

http://www.marijuanalibrary.org/HN_14.html

08/17/93 Drug Swallowing smuggler bagged in Japan

TOKYO (Reuter) - A New Zealander has been arrested in Japan after he was

alleged to have smuggled drugs by swallowing huge quantities of marijuana, a

customs official said on Tuesday.

The official at Osaka International Airport in western Japan said

construction engineer Kerry Mitchell, 37, was seized there on July 12 after he

was alleged to have swallowed 755 grammes of the drug in 118 individual plastic

packets.

"It was amazing -- the guy swallowed more than 700 grammes of marijuana in

packets done up in plastic food wrap," said the official.

- - - -

___

You have already mentioned your connection with ganja and being trouble elsewhere in Asia, so I wonder how many Kiwis there are named Kerry Mitchell involved in drug smuggling in Asia? The age seems to fit as well (37 in 1993 vs 49 in 2005). An identical twin brother?

I wonder if this is why the foreign narcotics community were interested in you. Everyone is entitled to a new start in life - change you name from Mitchell to Newton did you to avoid detection? - but when you are protesting your innocence and leave out key facts from your life story, I don't want one of these delusional foreign publishers with their "innocent-Schapple-Corby-like" to pick up the story. Well, at least this you were smart this time around not to have any drugs on you.

I wonder how you managed to afford a house valued at 9 million baht and a yacht valued at almost 5 million after all those years in a Japanese jail.

Guilty by inadmission?? Hey.I am not trying to make myself out to be a saint here. How many of you guys are so called saints? The fact is, that we had nothing to do with the case in Phuket and that is the point I am making. I don't need to justify my life to you, or anyone else. What you say in your post, about the police suspecting me because of my previous conviction was already mentioned by me in one of my earlier posts. If you had read that properly, you would have seen that I agree that there were good grounds for the initial suspicion by the police - however, once they interviewed us and it became clear to them (as it did to the judge) that we were not involved in this case, they should have set us free. As to the case in Japan, I was convicted of possession, not dealing. I took ganja to Japan for 4 of us, having drawn the short straw. My 3 friends went to court for me on the day and backed up my story. The judge fined me $US2000 and ordered me to leave. Never spent a day in prison! Change of name? Yes I certainly did. Wasn’t going to get a good job (or any job) with my record was I? All legal. Google the NZ embassy here for confirmation if you doubt me. House worth 9 million? Is now, but it wasn’t when we bought it. Paid 4.5 mill for it around 5 years ago. Did all the work on it myself, as couldn’t afford to get builders. Money came straight out of MY MOTHERS ACCOUNT. You can be sure the Thai judge in our case, checked that out thoroughly before giving it back to us. You can also be sure the police didn’t want us to have it back either. My yacht, was paid for by my partner legitimately from his bank account (police checked that out too). My side of the business, was to sail it back to Thailand, repair and paint it, then charter it out for diving or fishing, for both of which it is very suitable. I still hope to do this. Special rates apply to thaivisa.com members! Yeah, I am protesting our innocence in this case because, we had nothing to do with it, but I have never said that I have lived an innocent life. Look all you like on Google, you won’t find any statement by me saying that I am a saint. I said earlier in this post that I don’t need to justify myself to you and that’s true, but I have, because people like you piss me off! Am just very thankful, that other members of this forum, aren’t so keen to see me and my wife get the death sentence after SO MANY YEARS IN A JAPANESE PRISON. Mitch Newton rests his case.

[LaoPo]

Guilty by inadmission?? Hey.I am not trying to make myself out to be a saint here. How many of you guys are so called saints? The fact is, that we had nothing to do with the case in Phuket and that is the point I am making. I don't need to justify my life to you, or anyone else. What you say in your post, about the police suspecting me because of my previous conviction was already mentioned by me in one of my earlier posts. If you had read that properly, you would have seen that I agree that there were good grounds for the initial suspicion by the police - however, once they interviewed us and it became clear to them (as it did to the judge) that we were not involved in this case, they should have set us free. As to the case in Japan, I was convicted of possession, not dealing. I took ganja to Japan for 4 of us, having drawn the short straw. My 3 friends went to court for me on the day and backed up my story. The judge fined me $US2000 and ordered me to leave. Never spent a day in prison! Change of name? Yes I certainly did. Wasn’t going to get a good job (or any job) with my record was I? All legal. Google the NZ embassy here for confirmation if you doubt me. House worth 9 million? Is now, but it wasn’t when we bought it. Paid 4.5 mill for it around 5 years ago. Did all the work on it myself, as couldn’t afford to get builders. Money came straight out of MY MOTHERS ACCOUNT. You can be sure the Thai judge in our case, checked that out thoroughly before giving it back to us. You can also be sure the police didn’t want us to have it back either. My yacht, was paid for by my partner legitimately from his bank account (police checked that out too). My side of the business, was to sail it back to Thailand, repair and paint it, then charter it out for diving or fishing, for both of which it is very suitable. I still hope to do this. Special rates apply to thaivisa.com members! Yeah, I am protesting our innocence in this case because, we had nothing to do with it, but I have never said that I have lived an innocent life. Look all you like on Google, you won’t find any statement by me saying that I am a saint. I said earlier in this post that I don’t need to justify myself to you and that’s true, but I have, because people like you piss me off! Am just very thankful, that other members of this forum, aren’t so keen to see me and my wife get the death sentence after SO MANY YEARS IN A JAPANESE PRISON. Mitch Newton rests his case.

Thank you for explaining.

No matter what you write, there will always be Farang judges who think you're guilty, even if you are innocent in this case which, in my eyes, was a nightmare after 22 months in jail.

You might not be a Saint but at least you can't be convicted for things in the past anymore

Wish you well and hope you can stay out of prison during the follow up; scary thought.

Tip: if you want, you can ask one of the Moderators to close your own thread and the bashing will stop...

LaoPo

[jstumbo]

I am not sure that I would be publishing anything or kicking up much dirt until the appeal is over. If you make the courts and police look bad, you might find the prosecution winning the appeal just to save face and show you who is boss.

[hagler]

Only a drug conviction in Taiwan, eh? I see you use both Kerry Graeme Mitchell and Ian Newton and admit you are New Zealander. You do realise there is such a thing as Google?

-----

http://www.marijuanalibrary.org/HN_14.html

08/17/93 Drug Swallowing smuggler bagged in Japan

TOKYO (Reuter) - A New Zealander has been arrested in Japan after he was

alleged to have smuggled drugs by swallowing huge quantities of marijuana, a

customs official said on Tuesday.

The official at Osaka International Airport in western Japan said

construction engineer Kerry Mitchell, 37, was seized there on July 12 after he

was alleged to have swallowed 755 grammes of the drug in 118 individual plastic

packets.

"It was amazing -- the guy swallowed more than 700 grammes of marijuana in

packets done up in plastic food wrap," said the official.

- - - -

___

You have already mentioned your connection with ganja and being trouble elsewhere in Asia, so I wonder how many Kiwis there are named Kerry Mitchell involved in drug smuggling in Asia? The age seems to fit as well (37 in 1993 vs 49 in 2005). An identical twin brother?

I wonder if this is why the foreign narcotics community were interested in you. Everyone is entitled to a new start in life - change you name from Mitchell to Newton did you to avoid detection? - but when you are protesting your innocence and leave out key facts from your life story, I don't want one of these delusional foreign publishers with their "innocent-Schapple-Corby-like" to pick up the story. Well, at least this you were smart this time around not to have any drugs on you.

I wonder how you managed to afford a house valued at 9 million baht and a yacht valued at almost 5 million after all those years in a Japanese jail.

Guilty by inadmission?? Hey.I am not trying to make myself out to be a saint here. How many of you guys are so called saints? The fact is, that we had nothing to do with the case in Phuket and that is the point I am making. I don't need to justify my life to you, or anyone else. What you say in your post, about the police suspecting me because of my previous conviction was already mentioned by me in one of my earlier posts. If you had read that properly, you would have seen that I agree that there were good grounds for the initial suspicion by the police - however, once they interviewed us and it became clear to them (as it did to the judge) that we were not involved in this case, they should have set us free. As to the case in Japan, I was convicted of possession, not dealing. I took ganja to Japan for 4 of us, having drawn the short straw. My 3 friends went to court for me on the day and backed up my story. The judge fined me $US2000 and ordered me to leave. Never spent a day in prison! Change of name? Yes I certainly did. Wasn’t going to get a good job (or any job) with my record was I? All legal. Google the NZ embassy here for confirmation if you doubt me. House worth 9 million? Is now, but it wasn’t when we bought it. Paid 4.5 mill for it around 5 years ago. Did all the work on it myself, as couldn’t afford to get builders. Money came straight out of MY MOTHERS ACCOUNT. You can be sure the Thai judge in our case, checked that out thoroughly before giving it back to us. You can also be sure the police didn’t want us to have it back either. My yacht, was paid for by my partner legitimately from his bank account (police checked that out too). My side of the business, was to sail it back to Thailand, repair and paint it, then charter it out for diving or fishing, for both of which it is very suitable. I still hope to do this. Special rates apply to thaivisa.com members! Yeah, I am protesting our innocence in this case because, we had nothing to do with it, but I have never said that I have lived an innocent life. Look all you like on Google, you won’t find any statement by me saying that I am a saint. I said earlier in this post that I don’t need to justify myself to you and that’s true, but I have, because people like you piss me off! Am just very thankful, that other members of this forum, aren’t so keen to see me and my wife get the death sentence after SO MANY YEARS IN A JAPANESE PRISON. Mitch Newton rests his case.

And the case has more holes in it than a round of swiss cheese. ting tong

[newtronbom]

Guilty by inadmission?? Hey.I am not trying to make myself out to be a saint here. How many of you guys are so called saints? The fact is, that we had nothing to do with the case in Phuket and that is the point I am making. I don't need to justify my life to you, or anyone else. What you say in your post, about the police suspecting me because of my previous conviction was already mentioned by me in one of my earlier posts. If you had read that properly, you would have seen that I agree that there were good grounds for the initial suspicion by the police - however, once they interviewed us and it became clear to them (as it did to the judge) that we were not involved in this case, they should have set us free. As to the case in Japan, I was convicted of possession, not dealing. I took ganja to Japan for 4 of us, having drawn the short straw. My 3 friends went to court for me on the day and backed up my story. The judge fined me $US2000 and ordered me to leave. Never spent a day in prison! Change of name? Yes I certainly did. Wasn't going to get a good job (or any job) with my record was I? All legal. Google the NZ embassy here for confirmation if you doubt me. House worth 9 million? Is now, but it wasn't when we bought it. Paid 4.5 mill for it around 5 years ago. Did all the work on it myself, as couldn't afford to get builders. Money came straight out of MY MOTHERS ACCOUNT. You can be sure the Thai judge in our case, checked that out thoroughly before giving it back to us. You can also be sure the police didn't want us to have it back either. My yacht, was paid for by my partner legitimately from his bank account (police checked that out too). My side of the business, was to sail it back to Thailand, repair and paint it, then charter it out for diving or fishing, for both of which it is very suitable. I still hope to do this. Special rates apply to thaivisa.com members! Yeah, I am protesting our innocence in this case because, we had nothing to do with it, but I have never said that I have lived an innocent life. Look all you like on Google, you won't find any statement by me saying that I am a saint. I said earlier in this post that I don't need to justify myself to you and that's true, but I have, because people like you piss me off! Am just very thankful, that other members of this forum, aren't so keen to see me and my wife get the death sentence after SO MANY YEARS IN A JAPANESE PRISON. Mitch Newton rests his case.

Thank you for explaining.

No matter what you write, there will always be Farang judges who think you're guilty, even if you are innocent in this case which, in my eyes, was a nightmare after 22 months in jail.

You might not be a Saint but at least you can't be convicted for things in the past anymore

Wish you well and hope you can stay out of prison during the follow up; scary thought.

Tip: if you want, you can ask one of the Moderators to close your own thread and the bashing will stop...

LaoPo

thank you for your support and your confidence in us still. we hope we stay out of the can as well. i won't close this. let them get it out of their system. we may may find some insights that are useful too. cheers. mitch.

[jstumbo]

Just because he smuggled some drugs in the past does not mean that he had anything to do with this case. Like he says, that is definitely what got him on the polices radar. If you are on a stakeout of drug smugglers and a known drug smuggler comes walking out of the hotel, he would definitely be a person of interest.

Although I imagine you would not get much sympathy from TV members if you had disclosed your complete history. With your history, a book would probably not be as interesting. It would look much better if it was some guy who was never involved in drugs was busted and found innocent instead of a person that was busted for smuggling drugs before.

It started off with you just getting busted at a piss test in a club. Then you added getting busted for growing your own. Then getting busted for smuggling drugs into Japan. As each new one comes out, it makes people wonder what else you might be hiding.

[logbags]

It's a pity the same scrutiny isn't made of people like Thaksin and other Thai politicions. These people have robbed, cheated and made off with billions of baht that could be used to build schools, hospitals and uplift the Thai nation in general.

If people want to get enraged about something get enraged about a group of people trying to re-write the constitution to whitewash previous crimes. Most of the present Thai cabinet are no better than common criminals so why aren't people writing about that?

I hope the doubting Thomas's themselves have no skeletons on the closet or have never done anything wrong. Judge not lest thou be judged.........

[dingdongrb]

It started off with you just getting busted at a piss test in a club. Then you added getting busted for growing your own. Then getting busted for smuggling drugs into Japan. As each new one comes out, it makes people wonder what else you might be hiding.

Even though I do not know whether you did it or not, I think that if the police / DEA / whoever had your past records, then they probably had every right to be suspicious of you. But truthfully I really could give a 'rats a$$'.. I just think that, along with jstumbo' it is funny how every time something is questionable or new information is gathered (i.e. Google) the past gets more and more deepening. I mean 27 ounces for four guys in Japan. How long were you planning to stay there? How much did you actually plan to smoke in a day? I would think if there were four of you and you all were going to smoke it, it would have been the right thing to do splitting it equally and everyone taking the risk rather then "draw straws"... Hard for me to believe.

[taxexile]

neutronbom sound like someone who gets a kick out of pushing his luck , and the 3 years incarceration and subsequent hassles he suffered in phuket should just be seen as karma catching up with him.

most people would have grown out of this kind of behaviour before they reach 25 years of age.

[GooglePerson]

Guilty by inadmission?? Hey.I am not trying to make myself out to be a saint here. How many of you guys are so called saints?

The fact is, that we had nothing to do with the case in Phuket and that is the point I am making. I don't need to justify my life to you, or anyone else. What you say in your post, about the police suspecting me because of my previous conviction was already mentioned by me in one of my earlier posts. If you had read that properly, you would have seen that I agree that there were good grounds for the initial suspicion by the police - however, once they interviewed us and it became clear to them (as it did to the judge) that we were not involved in this case, they should have set us free.

Yes, but you mentioned in your earlier post that you had already had a "prior conviction in Taiwan (positive urine sample at a night club after smoking laced gunga. Big deal!)." This is completely different from 755 grammes of the drug in 118 individual plastic packets.

There are too many coincidences which you mention yourself not to have suspicions.

As to the case in Japan, I was convicted of possession, not dealing. I took ganja to Japan for 4 of us, having drawn the short straw. My 3 friends went to court for me on the day and backed up my story. The judge fined me $US2000 and ordered me to leave. Never spent a day in prison! Change of name? Yes I certainly did. Wasn't going to get a good job (or any job) with my record was I? All legal.

We are not talking about a single joint here, but 755 grammes! This is not possession, this is smuggling. Here is a news story of someone being arrested for trying to smuggle in 13 grams of weed into Japan. http://www.accessmylibrary.com/coms2/summa...86-10368867_ITM

It defies belief you didn't serve jail time in Japan and you were only charged with possession.

You don't have to believe me on strict Japan is. See this excerpt:

Marijuana use is viewed almost as bad as heroin use is in many western countries. Anyone caught with any amount of marijuana will be arrested. Suspects can be detained for several weeks before they need to be charged with a crime. Evidence obtained through illegal means (such as illegal searches) is routinely admitted in court. Some 98% of all people charged with a crime are convicted by Japanese courts.

People go to jail for possessing less than one gram of hemp and they face many social penalties too (loss of job, expulsion from schools, etc.). Theoretically you can go to prison for five years for a single joint. Larger quantities, cultivation or smuggling will lead to prison sentences of up to seven years. Smugglers caught with a few hundred grams to a few kg of cannabis are routinely sent to prison for 3-4 year

Source: http://www.taima.org/en/law.htm

Also, here http://www.umuc.edu/inform/rpt2005_pt3.html

Google the NZ embassy here for confirmation if you doubt me.

Hmm. Who to believe New Zealand police or you? Courtesy of LexisNexis see a screenshot of a NZ newspaper article mentioning your last drug conviction from NZ. Also, your heroin smuggling to Japan and NZ Police mentioning your known drug associations in NZ. Dare I say I say the Police Attache based at the Kiwi Embassy knows about you very well.

Precisely, what you were doing, only you were all will know, but you have a very long drug smuggling history. That the Thai police are incompetent doesn't surprise me or that you might want to be careful from your previous time in jail, doesn't either.

If people want to believe you it is fine. It is their choice. If you weren't distorting what happened to you, I would have stayed out of it.

[GungaDin]

Hi Google Dick.. heroin to Japan??? Get the facts right.

"Let he who is without sin, cast the first stone."

BTW, what is your other nic on this forum and why have two nics, ashamed about something?

Have a nice day.

[GooglePerson]

Hi Google Dick.. heroin to Japan??? Get the facts right.

"

Nice of you to resort to insults. Click on the attachment, you will see marijauna is not the only drug he has been smuggling to Japan. I have kept my statements to what I have found in sources online. This is all I will do, but Mitch it should be clear to you I know you are, if you are really Kerry Graeme Mitchell. I won't say anymore as it will be my word versus yours and I don't think that will be fair to you to refute something I can't substantiate. However, you make an extraordinary number of accusations about what happened to you - although I believe your account about the Thai Police as they are hopeless at surveillance and even with the foreign anti-narcotic community handing them a case on a plate, they can't make it - and well people can judge for themselves.

GungaDin: There is a heroin smuggling operation of 40kg. This is a sophisticated criminal operation. Do you realise how much money was lost on this failed deal? The street value of heroin then was AUS$300-AUS$400 a gram in Australia. Even if you take away all the middlemen, this is not small change....

[LaoPo]

Hi Google Dick.. heroin to Japan??? Get the facts right.

"

Nice of you to resort to insults. Click on the attachment, you will see marijauna is not the only drug he has been smuggling to Japan. I have kept my statements to what I have found in sources online.

Sir, you should be very careful what you write. You write that he DID smuggle heroin to Japan whilst the newspaper wrote something completely different.

They wrote: "It is believed.......for suspected heroin trafficking...spent time in prison"......believed....!

Further the paper wrote: "It is not clear how that case was resolved". Now, you're not going to tell me that you believe every newspaper what they write, do you ?

Do you really believe the OP would have been a free man if he smuggled heroin into Japan ?

Don't play the judge here or did you come to Thaivisa just for this case ?

I think YOU are the one who is writing insults by accusing the OP, not someone else, since YOU are twisting the facts in that report, posted by yourself.

Get real !

LaoPo

[GooglePerson]

Sir, you should be very careful what you write. You write that he DID smuggle heroin to Japan whilst the newspaper wrote something completely different.

They wrote: "It is believed.......for suspected heroin trafficking...spent time in prison"......believed....!

Further the paper wrote: "It is not clear how that case was resolved". Now, you're not going to tell me that you believe every newspaper what they write, do you ?

Do you really believe the OP would have been a free man if he smuggled heroin into Japan ?

Don't play the judge here or did you come to Thaivisa just for this case ?

I think YOU are the one who is writing insults by accusing the OP, not someone else, since YOU are twisting the facts in that report, posted by yourself.

Get real !

LaoPo

You are correct, I should have written it was an allegation although Japan does have a conviction rate which exceeds 99% (Source: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=259848). That poorly worded sentence of mine was more in reference to the country Japan and not Taiwan.

Jail terms for drug offences were not that high iup until at least 1989 (Source: http://www.unodc.org/unodc/en/data-and-ana...1_page007.html) - very few over 10 years. It is difficult to know without mention of a quanitity.

I have been reading ThaiVisa since around 2005 if it matters.

[GungaDin]

Hi Google Dick.. heroin to Japan??? Get the facts right.

"

Nice of you to resort to insults. Click on the attachment, you will see marijauna is not the only drug he has been smuggling to Japan. I have kept my statements to what I have found in sources online. This is all I will do,

You are very welcome.

I note that you have avoided the 3rd line in my post.

One thing you should learn about newspapers is not to believe everything you read, whether it is on here or a comic in NZ written by someone who does not have access to court documents.

You are slandering someone who has paid his fines and done his time for his stupidity.

Enough from you.

[GooglePerson]

Hi Google Dick.. heroin to Japan??? Get the facts right.

"

Nice of you to resort to insults. Click on the attachment, you will see marijauna is not the only drug he has been smuggling to Japan. I have kept my statements to what I have found in sources online. This is all I will do,

You are very welcome.

I note that you have avoided the 3rd line in my post.

One thing you should learn about newspapers is not to believe everything you read, whether it is on here or a comic in NZ written by someone who does not have access to court documents.

You are slandering someone who has paid his fines and done his time for his stupidity.

Enough from you.

I didn't avoid the 3rd line of your post. I replied "There is a heroin smuggling operation of 40kg. This is a sophisticated criminal operation. Do you realise how much money was lost on this failed deal? The street value of heroin then was AUS$300-AUS$400 a gram in Australia. Even if you take away all the middlemen, this is not small change...." There is nothing to be ashamed about here.

I don't believe everything I read in newspapers, but just like I don't believe everything I read in a web forum.

If you try believe he only paid a fine for swallowing 755 grams of heroin and being caught on arrival in Japan then that is your choice.