Mosha Posted September 1, 2009 Share Posted September 1, 2009 (edited) Richard if you look in this forum http://www.thaivisa.com/forum/Thai-visas-r...permits-f1.html , there are a few ads for legal firms maybe you can ask them. Edit or this one http://www.thailandlawonline.com/ Edited September 1, 2009 by Mosha Link to comment Share on other sites More sharing options...
Mario2008 Posted September 1, 2009 Share Posted September 1, 2009 Thailand lawonline is a good reference for Thai law. They are a forum sponsor and isaanlawyers do sometimes give advise by PM or on the forum. Link to comment Share on other sites More sharing options...
richardshane Posted September 1, 2009 Author Share Posted September 1, 2009 As far as I can read she should lose all rights to my brothers estate. Comercial and Civil Code of Thailand Book VI-Succession Title 1 General Provisions Chapter II Heirship Section 1606. The following are excluded from succession as being unworthy: (1) the person who is convicted by final judgement of having wrongfully and intentionally caused the death or attempted to cause the death of the de cujus orof a person having prior right to the succession. I have showed this law to my lawyer in thai and english as he had previously told me she would still get half...he won't budge....could this be a loss of face thing?? Am I miss interpeting the law ?? It does seem quite clear... Link to comment Share on other sites More sharing options...
TAWP Posted September 1, 2009 Share Posted September 1, 2009 As far as I can read she should lose all rights to my brothers estate.Comercial and Civil Code of Thailand Book VI-Succession Title 1 General Provisions Chapter II Heirship Section 1606. The following are excluded from succession as being unworthy: (1) the person who is convicted by final judgement of having wrongfully and intentionally caused the death or attempted to cause the death of the de cujus orof a person having prior right to the succession. I have showed this law to my lawyer in thai and english as he had previously told me she would still get half...he won't budge....could this be a loss of face thing?? Am I miss interpeting the law ?? It does seem quite clear... If your lawyer says that, ask the magic question 'Why?'. If he cannot give you an answer you are pleased with, change lawyer. Link to comment Share on other sites More sharing options...
WaiWai Posted September 1, 2009 Share Posted September 1, 2009 (edited) If your lawyer says that, ask the magic question 'Why?'.If he cannot give you an answer you are pleased with, change lawyer. Call me cynical , but it just may be that the lawyer would get a "cut". Ask a new lawyer to handle this, if possible, and specify the condition of keeping to the letter of the law from the outset. Take care and best wishes. Edited September 1, 2009 by WaiWai Link to comment Share on other sites More sharing options...
Mosha Posted September 1, 2009 Share Posted September 1, 2009 Richard, one of the guys in town is friendly with someone who has a judge in the family. I have to pop into town tomorrow, so I'll pop into to see him. I'll ask him if he will ask her. Also we have an expat whose wife is training to be a lawyer, but that may be Friday before I see her. Link to comment Share on other sites More sharing options...
MaryJane Posted September 2, 2009 Share Posted September 2, 2009 "HENRY GEORGE: MURDER VERDICT IN ENGLISH LANGUAGE (written on Aug. 27 and read on Aug. 28, 2009) Translated by Nakachalet for the benefits of the family members and Thaivisa members" Nakachalet: Thank you very much for your support and time in translating the court documents. That is very kind. Don't know what we would have done without so many of you on this forum, be it, advice, PI work, knowledge, writing to the media...etc. I would highly advise anyone going through this sinister type of crime in Thailand to keep making noise no matter what. It gets so difficult and is easy to lose hope. Don't let negative comments take you down, let those be your strength to fight harder. You will find many people jumping in to your defense which can be extremely uplifting. Keep the story alive and update often. Write lots of letters, ask others to write letters. If you don't get a reply...write another. I could go on for a long time with suggestions. Thaivisa is a wealth of information waiting for you if you are willing to share your situation on an ongoing basis. Kind Regards, RIP Dale. Link to comment Share on other sites More sharing options...
globalmenace Posted September 2, 2009 Share Posted September 2, 2009 To Richard & Mary Jane,While I know it won't bring your brother Dale back, I have found your persistent efforts and willingness to share private family details through all of the trial to be nothing short of extremely inspirational. I am pleased to see that the accused have now been justly convicted and now hope that they will never sniff free air again. I hope that you and your family will be able to find peace and closure, and wish all the best for you going forward. Cheers, Spee Well put. You only go to this effort with the sort of values, courage and resolute determination that real heros are all about. Richard and Mary Jane, you are so special. Your tale is trully inspiring. You fought the good fight and came out on top. Hope the years ahead are especially good for you. Link to comment Share on other sites More sharing options...
MaryJane Posted September 2, 2009 Share Posted September 2, 2009 (edited) Couldn't have done it alone or carried on without the support. So the pats on the back are for so many of you who walked through this with us. That is very selfless. It is hard enough to find that where you live, and then you find it worlds apart. Just amazing! A memory...Dale & MJ Edited September 2, 2009 by MaryJane Link to comment Share on other sites More sharing options...
caf Posted September 2, 2009 Share Posted September 2, 2009 Mosha: Hope the comments helped when you spoke to your friend today There are quite a number of other areas in the Civil and Commercial Code ( 2009 update) that might help. The green book I have is in english and Thai. Succession is just one issue. No harm in using as many irons as possible. Void and voidable acts ( 1.4.3) liability for wrongful acts 2.5.1 compensation for wrongful acts 2.5.2 Any legal beagles here that can post some comments? Link to comment Share on other sites More sharing options...
Wombat6 Posted September 3, 2009 Share Posted September 3, 2009 The attached photo copied from the Thai Daily News says it all.....may they all remain in Jail until the body bags are required. Link to comment Share on other sites More sharing options...
MaryJane Posted September 3, 2009 Share Posted September 3, 2009 Wow...finally, a picture! Great work Wombat6. That puts a big smile on my face. Last time I saw her she was behind bars. It's where they belong!! I second your comment. Link to comment Share on other sites More sharing options...
Rhys Posted September 3, 2009 Share Posted September 3, 2009 I trust you are relieved....and hopefully you can move on with your own life now...this has been such a trama for you...yet, you stayed the course in the name of your brother. Best wishes... Link to comment Share on other sites More sharing options...
LaoPo Posted September 3, 2009 Share Posted September 3, 2009 The attached photo copied from the Thai Daily News says it all.....may they all remain in Jail until the body bags are required. Thanks for that. Amazing...all three wear "innocent" white shirts..... ..as if they were hoping the Judge would change his mind, looking at three murderers, dressed in "innocent" white LaoPo Link to comment Share on other sites More sharing options...
Seismic Posted September 3, 2009 Share Posted September 3, 2009 Like so many others I was shocked and angered by this crime, I just hope that the family can get over this now and continue on. A gulity verdict will never bring a loved one back but it may ease the suffering of the family. Link to comment Share on other sites More sharing options...
MaryJane Posted September 4, 2009 Share Posted September 4, 2009 Yes moviing on is inevitable and needed. Having said that, helping others going through a situation like this would be a way to honour Dale. A guilty verdict is the very best we could hope for!! I don't know if you ever get to a comfortable place when someone is murdered?? It's so much different than any other way to lose someone. Link to comment Share on other sites More sharing options...
caf Posted September 4, 2009 Share Posted September 4, 2009 TV posters did a good support job during the trial, keeping it on the front burner Getting some of the assets back via the courts might need the same attention Thee are a number of avenues but are there any legal guys around who can make some comments. Link to comment Share on other sites More sharing options...
brahmburgers Posted September 4, 2009 Share Posted September 4, 2009 Another thing that may be learned from all this trauma: Some farang men could come down to earth, and not believe the sparkle is the whole picture. In some ways, it's an age-old phenomena: one half of a couple thinks that his/her love will supersede his/her partner's indifference (or worse) - as if one person's enthusiasm will cancel out the other's lackluster attitude. There must have been some indications prior, even in Dale's case, that things were not as rosy as he had hoped. One little test: Guys: hug your gal after having secretly arranged a couple mirrors - in order to see your gal's facial expression. Don't be too surprised if she has a sullen look on her face during the hug. For added drama, ask her a love-related question while hugging her ("am I the love of your life?" sort of thing). I used to do a small scale real estate biz in northernmost Thailand. There were times when I'd meet about 20 farang/Thai couples per month. Some appeared genuine in the affection dept, whereas at least half had the dynamic where the farang guy (always considerably older) would act like all was peaches and cream, whereas the Thai g.f/wife would have a cold conniving look in her eye. I, being an objective outsider, could see her calculating demeaner, whereas the big dumb lovelorn farang could only see a dreamy, shapely coffee au lait lady who stuck by him (as long as the money kept flowing). Caveat emptor (buyer beware) could be changed to Amorator emptor (lover beware) ...ok, I'm guessing at the Latin, ....but you get the picture. Link to comment Share on other sites More sharing options...
Mosha Posted September 5, 2009 Share Posted September 5, 2009 OK after a chat with a friends wife last night. She doesn't have a Som Tam stall, but she is studying law. Life means they may get a pardon in their 60s. Entire life means you die in prison. As to her being allowed half of Dale's Thai estate. That appears to be a grey area. Neither my friends wife, nor a lawyer friend of a friend wanted to discuss it. Link to comment Share on other sites More sharing options...
caf Posted September 5, 2009 Share Posted September 5, 2009 OK after a chat with a friends wife last night. She doesn't have a Som Tam stall, but she is studying law. Life means they may get a pardon in their 60s. Entire life means you die in prison.As to her being allowed half of Dale's Thai estate. That appears to be a grey area. Neither my friends wife, nor a lawyer friend of a friend wanted to discuss it. I did not expect that reply. Though it is true that Thais often feel disinclined to put forward all the relevant aspects of a case - whether for farangs or thais. Fighting to win or avoiding conflict ??? There are several sections of the CCC that could be presented to the judges and if they feel an empathy towards a case they will try to find a solution. It's not black and white in a thai court. Do we have some legal guys reading this that can add something. Link to comment Share on other sites More sharing options...
ukrules Posted September 5, 2009 Share Posted September 5, 2009 Neither my friends wife, nor a lawyer friend of a friend wanted to discuss it. Of course they don't Link to comment Share on other sites More sharing options...
TAWP Posted September 6, 2009 Share Posted September 6, 2009 Neither my friends wife, nor a lawyer friend of a friend wanted to discuss it. Of course they don't Can someone explain as to why...? Link to comment Share on other sites More sharing options...
SoiGirlHunter Posted September 6, 2009 Share Posted September 6, 2009 Hi, in the newspaper pic was the shooter on the top or bottom thanks and GREAT WORK putting these @#$%ers away SGH Link to comment Share on other sites More sharing options...
nakachalet Posted September 6, 2009 Share Posted September 6, 2009 (edited) The attached photo copied from the Thai Daily News says it all.....may they all remain in Jail until the body bags are required. Thanks for that. Amazing...all three wear "innocent" white shirts..... ..as if they were hoping the Judge would change his mind, looking at three murderers, dressed in "innocent" white LaoPo ------------- Hi, in the newspaper pic was the shooter on the top or bottom thanks and GREAT WORK putting these @#$%ers away SGH ------------ SOIgirlhunter upper top was the murderer--jindar sae taee Edited September 6, 2009 by nakachalet Link to comment Share on other sites More sharing options...
richardshane Posted September 8, 2009 Author Share Posted September 8, 2009 Went to court on Monday with regards to other charges I filed against Nee for stealing money from my brother...and selling his harley...the judge informed methat she was already serving the strictest sentence possible...I filed these charges just in case she got off and to hinder any attempts for an appeal bail...also if I have legal fees to pay so does she...if I cannot get my brothers money back I will make sure she spends it...Anyways another hearing is set for Monday Sept. 14, 2009 and will be the last appearance for Nee as she has been held in Ranong Jail till court is finished after the next hearing she is being moved to Nakon Si Thamarat to start serving her sentence in her new home...I dont know what we will be able to accomplish but at least we can ask her again nicely what she has done with the assets...I think this will be the end of the court battles but who knows...After having to sit through her smiles and laughter and stealing everything from my brother whilst I could do nothing but wait for the court it will be nice to see her come into the court room as a sentenced convict...I doubt she will be smiling this time.... Link to comment Share on other sites More sharing options...
nakachalet Posted September 8, 2009 Share Posted September 8, 2009 richardshane if you like, you could ask your counsel if your honor will allow you to tape record just your session of the court proceeding? if you could secure an audio of the proceeding, i'll be more than happy and shall do my best to translate into english for you. hope i am not intruding too much into your recup period. again, my deepest sympathy. Link to comment Share on other sites More sharing options...
Mark Wolfe Posted September 9, 2009 Share Posted September 9, 2009 this topic and the verdict should be PINNED until forever in Thaivisa, to encourage both Farang and Thai people, and to show that SOMETIMES it is WORTH fighting, and SOMETIMES, justice is served in "Amazing Thailand"..... Who on earth would think that it wasn't worth going to court over a murder? What a bizarre comment. Link to comment Share on other sites More sharing options...
caf Posted September 10, 2009 Share Posted September 10, 2009 this topic and the verdict should be PINNED until forever in Thaivisa, to encourage both Farang and Thai people, and to show that SOMETIMES it is WORTH fighting, and SOMETIMES, justice is served in "Amazing Thailand"..... Who on earth would think that it wasn't worth going to court over a murder? What a bizarre comment. Put simply, those people who have read the reports of farang murders here. Are you not aware of those? Kirsty Jones, for example, where the British police tried to get involved as much as they were able. Murders are prosecuted by the state but all credit to this family for keeping up the pressure on this trial and getting a result. The return of assets is another matter. Link to comment Share on other sites More sharing options...
Patsycat Posted September 10, 2009 Share Posted September 10, 2009 I'm a bit confused. Why would Dale's wife, when she has got life in prison for his murder, be able to get his assets? I know it is not all based on money and bank accounts - but that cold hearted bitch should not get a penny. Link to comment Share on other sites More sharing options...
LaoPo Posted September 10, 2009 Share Posted September 10, 2009 I'm a bit confused. Why would Dale's wife, when she has got life in prison for his murder, be able to get his assets? I know it is not all based on money and bank accounts - but that cold hearted bitch should not get a penny. She took already all his assets, after he was murdered, by emptying his bank account via many "visits" to ATM machines and selling his expensive Harley Davidson, plus everything else he had and also hoping for the pay-out of the 1 Million dollar life insurance he had on his life (her benefit). Dale's brother Richard wants to avoid that she (or her mother.... ) has still money left and thus forces her to spend all that money on lawyers, rather than to let her mother have that money (to maybe help her in jail with food etc. - but this is just speculation). LaoPo Link to comment Share on other sites More sharing options...
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