Briton Vows To Fight Extradition From Thailand

[roger77]

Briton vows to fight extradition

The National News (UAE)

Larry Jagan, Foreign Correspondent

* Last Updated: January 24. 2010

BANGKOK // A former property manager facing charges of embezzlement in Dubai has said he is confident he can win his fight against being extradited from Thailand, where he is being held in a high-security prison.

Michael Smith, a 43-year-old Briton, has repeatedly protested his innocence since being arrested by the Thai police in Bangkok in May.

He is alleged to have stolen US$600,000 (Dh2.2 million) from the property company Limitless, a unit of Dubai government-owned Dubai World, while he worked there in the first five months of 2008.

"I am going to fight the case to the very end," Mr Smith said in an interview with The National from his jail cell.

He is due to appear at the Bangkok criminal court tomorrow for the next hearing of the extradition process.

"I am reading a lot about extradition laws and treaties and am becoming something of an expert in these matters," said Mr Smith.

"So I am bewildered as to why the Thai authorities believe I can be sent back to the UAE when there is no extraction treaty."

Thailand has no extradition treaty with the UAE, but judicial officials here have requested extradition proceedings.

The Dubai authorities are seeking Mr Smith's extradition to face charges of forgery, betrayal of trust and illegal possession of stolen funds.

Mr Smith has denied accusations of funnelling workers' salaries into his personal account while working as a senior personnel manager at Limitless between March and May 2008.

He also denies setting up his own recruitment company to siphon off the funds.

"So far, the UAE authorities have not produced any details or evidence of the crimes I am supposed to have committed," said Mr Smith.

"All the Thai authorities have is a statement from a prosecutor in Dubai to the police here – that's not evidence."

Mr Smith, from London, started working in Dubai in 2007. He said he left Limitless in June 2008 because he could not accept the company's employment policies.

He went to Thailand and was arrested in May last year as he left a restaurant in Bangkok's Soi Nana area with his Thai wife.

Since then, he has been held in Klong Prem Central Prison, which houses up to 20,000 inmates, on the outskirts of the Thai capital.

He has twice been refused bail after prosecutors said he was considered a flight risk.

Prosecution witnesses gave evidence at the Bangkok criminal court in November last year and the case was adjourned for Mr Smith's counsel to prepare their defence.

Under international treaties, an extradition can proceed in the absence of a specific treaty only when the other side has shown willingness to reciprocate.

The UAE and Thai governments are currently negotiating an extradition treaty.

A draft agreement was signed after talks in Dubai this month.

The next round of talks is scheduled to take place in Bangkok next month, with the treaty likely to be signed in July.

"It will not be retroactive and will not affect the case of Michael Bryan Smith," said Thailand's deputy foreign minister, Panich Vikitsreth, who is overseeing the treaty negotiations.

The existing treaties and international laws would cover that, he added. Asked to comment on Mr Smith's case, Limitless said the matter was being handled by the authorities.

"Limitless extended its full co-operation to the concerned authorities following Mr Smith's arrest last year," the company said in a statement yesterday.

"Control of the matter is in the hands of these authorities."

thenational.ae/apps/pbcs.dll/article?AID=/20100124/NATIONAL/701239852/1010

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[ThailandTommy]

Unfortunately for Mr Smith I think that the Thai's will do as much as is possible to extradite him, as it may well assist them in any future request they make for the extradition of a certain ex Prime Minister who frequents their shores.

They are not quite in the same league and I am not sure that the Thai's would think that far ahead but you never know!!!

[Humphrey Bear]

If Mr Smith used the word 'extraction' rather than 'extradition' then he ain't studied much. But this could be some Indian journo writing for a UAE paper, just putting words in the guy's mouth.

Labour protection laws are in place in UAE - if he did do something this stupid he is in for a whole bucketful of trouble.

Yes he can be extradited - but maybe not very quickly for this type of crime. An extradition treaty does not have to be formally in place between two countries for many criminal extradition processes to be considered/enacted. There are other interenational treaties/agreements that can be used if both countries are signatories. Does not have to be a specific bilateral treaty.

Don't think I'd like to be in either Bangkok or Dubai jail. Both are pretty rotten, compared with the Southern USA chain-gang prisons of yesteryear.

[SomTumTiger]

He'll be on a plane tomorrow - enjoy the desert...

[MangoMungo]

Unfortunately for Mr Smith I think that the Thai's will do as much as is possible to extradite him, as it may well assist them in any future request they make for the extradition of a certain ex Prime Minister who frequents their shores.

Agreed.

[hawthorne]

UAE has been going after people all over the world since the crash. New stories of embezzlement were in the papers daily.

First hand knowledge of the prisons - It will change your life. The inmates absolutely abhore westerners. They have a debtors prison which too many people had to endure. Luckily for most of these people after 90 days most people were allowed to leave the country because of severe overcrowding.

If he is guilty he should endure hel_l. White collar criminals in the West rarely suffer their just due.

[geriatrickid]

Before everyone jumps on the guilty bandwagon, please keep in mind that the court system to which he may be delivered does not have a good reputation for due process. Allegations and accusations can be leveled, but no evidence presented. One is basically guilty until proven not guilty and it seems that the odds are usually stacked against the foreigner. Maybe the fellow is a thief, but it would be nice if it was certaqin that he will be given a fair trial.

We westerners are spoiled because for the most part we can get a fair hearing in our homelands. In most of the world, such respect for basic human rights is lacking. We can thank the English for the concept of fairness, first with King Henry I and then with King John and the Magna Carta that got the ball rolling. 900+ years of progress for the west, while some countries are still pretty close to the bronze age when it comes to the administration of justice. (Just thought I'd toss that in case anyone wants to offer up a slur about the accused being English. )

[wasabi]

Another reason to never visit Dubai.

[kloghead]

Before everyone jumps on the guilty bandwagon, please keep in mind that the court system to which he may be delivered does not have a good reputation for due process. Allegations and accusations can be leveled, but no evidence presented. One is basically guilty until proven not guilty and it seems that the odds are usually stacked against the foreigner. Maybe the fellow is a thief, but it would be nice if it was certaqin that he will be given a fair trial.

We westerners are spoiled because for the most part we can get a fair hearing in our homelands. In most of the world, such respect for basic human rights is lacking. We can thank the English for the concept of fairness, first with King Henry I and then with King John and the Magna Carta that got the ball rolling. 900+ years of progress for the west, while some countries are still pretty close to the bronze age when it comes to the administration of justice. (Just thought I'd toss that in case anyone wants to offer up a slur about the accused being English. )

Just a guess, but might you be English?

[ratcatcher]

Before everyone jumps on the guilty bandwagon, please keep in mind that the court system to which he may be delivered does not have a good reputation for due process. Allegations and accusations can be leveled, but no evidence presented. One is basically guilty until proven not guilty and it seems that the odds are usually stacked against the foreigner. Maybe the fellow is a thief, but it would be nice if it was certaqin that he will be given a fair trial.

We westerners are spoiled because for the most part we can get a fair hearing in our homelands. In most of the world, such respect for basic human rights is lacking. We can thank the English for the concept of fairness, first with King Henry I and then with King John and the Magna Carta that got the ball rolling. 900+ years of progress for the west, while some countries are still pretty close to the bronze age when it comes to the administration of justice. (Just thought I'd toss that in case anyone wants to offer up a slur about the accused being English. )

Just a guess, but might you be English?

How relevant to this topic is the nationality of geriatrickid?

[TheDarkSide]

Not relevant, but my guess is the guy is an American.....He did thank the Brits.

[MaiChai]

The Thais seem very keen to comply with any extradition that comes their way, irrespective of the country requesting it or whether proper procedures are followed or are in place. This is pretty amazing considering Thailand is hardly a place where you can get fair justice. The guy may be guilty or innocent or may be the fall guy for someone else, but still the Thais want to comply with little consideration of the request.

[Bagwan]

I'm surprised that nobody has picked up on this guy being held in a Thai chokey for so long because it is considered that he might make a run for the border. What a pity that so many Thais were not so considered, including one in particular.

[Sisaketmike]

If Mr Smith used the word 'extraction' rather than 'extradition' then he ain't studied much. But this could be some Indian journo writing for a UAE paper, just putting words in the guy's mouth.

Labour protection laws are in place in UAE - if he did do something this stupid he is in for a whole bucketful of trouble.

Yes he can be extradited - but maybe not very quickly for this type of crime. An extradition treaty does not have to be formally in place between two countries for many criminal extradition processes to be considered/enacted. There are other interenational treaties/agreements that can be used if both countries are signatories. Does not have to be a specific bilateral treaty.

Don't think I'd like to be in either Bangkok or Dubai jail. Both are pretty rotten, compared with the Southern USA chain-gang prisons of yesteryear.

Sounds like a story from mr. Nice......

[cdnvic]

Topic updated here:

http://www.thaivisa.com/forum/Thailand-Ext...ai-t340125.html