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Bangkok Van Crash Girl Released Without Bail


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An underage driver involved in a tollway crash last month which killed nine van passengers has been released without bail, because she turned herself in to police and had not been arrested

and

The girl has been charged with causing deaths and injuries through carelessness and driving without a licence

how can you be charged with a crime without being arrested first????????

Maybe they don't formally arrest juveniles under Thai law.

Would being charged without being arrested conflict with experiences you've had?

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By the way, if you think things are different in, let's say, the United States -- think again.

My only child was killed in a one car accident as a passenger. The driver was 20 years old. The driver failed to navigate an S turn at the end of a long straightaway and the car went off to road killing my child. The driver walked away uninjured.

The information I received from various sources was that the driver was involved in a street race and had entered the corner at a high rate of speed (in excess of 100 mph). Interestingly enough, when the police arrived, no one would admit to a street race. A blood alcohol test was performed on the driver that came back negative and the driver was released.

I forensics team checked out the scene and in the final police report it was determined that the driver entered the corner at over 60 mph when the posted speed limit was 30 mph. I find this interesting because I drove that same corner in excess of 70 mph without difficulty a few days later -- which leads me to believe the racing scenario was probably true and the forensic report was flawed or deliberately understated. The report concluded that the accident was caused by the drivers age and relative inexperience as a driver and he was charged with simple negligent driving. The reporting officer seemed to have a very sympathetic bias toward the driver. The death of my child was inconsequential. We were able to see a copy of the driver's driving record which included a number of speeding offenses and moving violations. We contacted the Justice Department and were told that the prior violations would have no bearing on this case and the driver would only be charged based on the police report. The driver walked away with a $400 fine (roughly 12000 baht at the time). We file a civil suit against the driver. The family hired a lawyer. The lawyer simply came back with a statement that the driver, at 20 years old, was no longer a dependent of the family, therefore the family could not be financially held responsible for the crash. Then the driver declared bankruptcy to avoid any financial consequence for his action. The driver nor the family ever expressed any remorse whatsoever for my child's death..

And there you have it -- justice in the United States. How do you say it in Thailand -- Same Same but Different.

Truly sad story and am very sorry you lost you son and felt no justice was served.

I am not in any way advocating one way or another whose justice is more right but it should be noted that one difference here in Thailand is that the majority of Thais don't get satisfaction, as we often do in the west, by seeing somebody punished (incarcerated, huge fines, death penalty ...). They would much rather see some form of compensation which they believe, in a case like this, honors the dead by having something good come from their death (helping the family). Many of us in the west would see the money as blood money or as profiting from the death of a loved one and often use a civil actions, as you attempted, to punish the person who escaped criminal responsibility.

My point being is that as a victim, to the above tragedy, your wishes and desires should play heavily in what justice is served by the courts. The same should be true in this case. None of us can assume what the victims want but the few I have heard from have not demanded prison, met with the family and accepted the token sums they have so far given (last I read a week ago the girl had met w/5 families and the mother I believe 2 more). There was one family who was upset that the family had not reached out to them yet or given them anything and believe I read about 1 family who was not ready to meet with them yet. I doubt most people in the west would be ready or want to hear an apology within the first week regardless of how sincere it was as our grieving in cases like this often needs to go through a blame stage and we don't want to see the person we believe responsible as a person. Again, just pointing out differences and not saying one way is better than the other but I guess simply saying that I wish the authorities took your feelings and needs into mind more in handling your tragic circumstances and hope the same happens with the family's of the van tragedy.

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If she was a farang, what would happen?

In any civilized country, she would be tried in a court of law and if found guilty, receive the appropriate sentence. The

owner of the car should also be charged and held liable for damages knowing full well that the girl was underage and had

no license. The insurance co., if there is insurance, does not have to pay anything as the driver was not legal.

Money will talk and it is very unfortunate for the families who lost their loved ones.

I would strongly suggest leaving Thailand for the Thais and for all foreigners to consider a more civilized country to live in before

you get into this mess or a victim of it. It is just a matter of time.

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By the way, if you think things are different in, let's say, the United States -- think again.

My only child was killed in a one car accident as a passenger. The driver was 20 years old. The driver failed to navigate an S turn at the end of a long straightaway and the car went off to road killing my child. The driver walked away uninjured.

The information I received from various sources was that the driver was involved in a street race and had entered the corner at a high rate of speed (in excess of 100 mph). Interestingly enough, when the police arrived, no one would admit to a street race. A blood alcohol test was performed on the driver that came back negative and the driver was released. No arrest.

I forensics team checked out the scene and in the final police report it was determined that the driver entered the corner at over 60 mph when the posted speed limit was 30 mph. I find this interesting because I drove that same corner in excess of 70 mph without difficulty a few days later -- which leads me to believe the racing scenario was probably true and the forensic report was flawed or deliberately understated. The report concluded that the accident was caused by the drivers age and relative inexperience as a driver and he was charged with simple negligent driving. The reporting officer seemed to have a very sympathetic bias toward the driver. The death of my child was inconsequential. We were able to see a copy of the driver's driving record which included a number of speeding offenses and moving violations. We contacted the Justice Department and were told that the prior violations would have no bearing on this case and the driver would only be charged based on the police report. The driver walked away with a $400 fine (roughly 12000 baht at the time). We file a civil suit against the driver. The family hired a lawyer. The lawyer simply came back with a statement that the driver, at 20 years old, was no longer a dependent of the family, therefore the family could not be financially held responsible for the crash. Then the driver declared bankruptcy to avoid any financial consequence for his action. The driver nor the family ever expressed any remorse whatsoever for my child's death..

And there you have it -- justice in the United States. How do you say it in Thailand -- Same Same but Different.

The United States has 50 States and every state has its own law for driving age drinking age then punishment. I come from the State of Washington 16 year old for my daughter to make a drivers licence and I would have been libel for everything and 21 to drink. Made her wait until she was 18 then she was on her own. I tell you she would have done some hard time there if it would have been her that caused all of this. You know they call it The United of America. In Texas one can get 20 years hard time for a joint in Washington State you can have a doctors permit and buy it in the State run store.

Edited by hardy1943
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As stated previously I would be surprised if she does a single day in jail, whilst the factors that the judge has mentioned are mitigating they are not that mitigating.

After 10 years living in Thailand, I have never seen anyone punished for anything.

I have. The jails are filled with offenders, aren't they?

The ones who don't have the money to pay their way out, or get better conditions and settlement with good connections.

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By the way, if you think things are different in, let's say, the United States -- think again.

My only child was killed in a one car accident as a passenger. The driver was 20 years old. The driver failed to navigate an S turn at the end of a long straightaway and the car went off to road killing my child. The driver walked away uninjured.

The information I received from various sources was that the driver was involved in a street race and had entered the corner at a high rate of speed (in excess of 100 mph). Interestingly enough, when the police arrived, no one would admit to a street race. A blood alcohol test was performed on the driver that came back negative and the driver was released.

I forensics team checked out the scene and in the final police report it was determined that the driver entered the corner at over 60 mph when the posted speed limit was 30 mph. I find this interesting because I drove that same corner in excess of 70 mph without difficulty a few days later -- which leads me to believe the racing scenario was probably true and the forensic report was flawed or deliberately understated. The report concluded that the accident was caused by the drivers age and relative inexperience as a driver and he was charged with simple negligent driving. The reporting officer seemed to have a very sympathetic bias toward the driver. The death of my child was inconsequential. We were able to see a copy of the driver's driving record which included a number of speeding offenses and moving violations. We contacted the Justice Department and were told that the prior violations would have no bearing on this case and the driver would only be charged based on the police report. The driver walked away with a $400 fine (roughly 12000 baht at the time). We file a civil suit against the driver. The family hired a lawyer. The lawyer simply came back with a statement that the driver, at 20 years old, was no longer a dependent of the family, therefore the family could not be financially held responsible for the crash. Then the driver declared bankruptcy to avoid any financial consequence for his action. The driver nor the family ever expressed any remorse whatsoever for my child's death..

And there you have it -- justice in the United States. How do you say it in Thailand -- Same Same but Different.

Truly sad story and am very sorry you lost you son and felt no justice was served.

I am not in any way advocating one way or another whose justice is more right but it should be noted that one difference here in Thailand is that the majority of Thais don't get satisfaction, as we often do in the west, by seeing somebody punished (incarcerated, huge fines, death penalty ...). They would much rather see some form of compensation which they believe, in a case like this, honors the dead by having something good come from their death (helping the family). Many of us in the west would see the money as blood money or as profiting from the death of a loved one and often use a civil actions, as you attempted, to punish the person who escaped criminal responsibility.

My point being is that as a victim, to the above tragedy, your wishes and desires should play heavily in what justice is served by the courts. The same should be true in this case. None of us can assume what the victims want but the few I have heard from have not demanded prison, met with the family and accepted the token sums they have so far given (last I read a week ago the girl had met w/5 families and the mother I believe 2 more). There was one family who was upset that the family had not reached out to them yet or given them anything and believe I read about 1 family who was not ready to meet with them yet. I doubt most people in the west would be ready or want to hear an apology within the first week regardless of how sincere it was as our grieving in cases like this often needs to go through a blame stage and we don't want to see the person we believe responsible as a person. Again, just pointing out differences and not saying one way is better than the other but I guess simply saying that I wish the authorities took your feelings and needs into mind more in handling your tragic circumstances and hope the same happens with the family's of the van tragedy.

You point is well taken and I understand what you are saying -- I hadn't considered that perspective before.

Very honestly, I probably would not have brought a civil suit against the driver had he simply expressed remorse. But he never did then and never has since. Yeah, and the civil suit was an attempt to get him to accept some responsibility for his actions. But I can't live his life, I can only live mine. So over the years I've come to accept what happened and move on. And I took the word "Fair" out of my dictionary long before that incident happened. We live in an imperfect world -- you either accept it or it drives you crazy. I can continue to live in Thailand because I can accept the biases and inconsistencies without taking them personally.

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So basically, if you're 16 years old and kill nine people doing something illegal - driving without a licence - you can get off scott free if you cry a little bit, bung the grieving families a few quid and go to a few meets with a councillor. Amazing Thailand. After saying that, a friend of mine saw a woman in her 90s get away with basically killing one of his children and seriously injuring another in the States. The woman reversed over the kids and drove of down the road with one of the children trapped underneath the car. She got away with it because the road wasn't a public highway. The fact that she was completely incompetent and should have had her licence revoked years before didn't even enter the equation. The woman showed absolutely no remorse whatsoever and was only concerned about keeping her licence.Seems people can get away with killing people no matter where in the world.

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Do adolescents really think through the consequences of speeding. I know I didn't. Did you at that age?

How about adults? I doubt any adult considers that their speeding may result in death when the do it. At most they are thinking about getting a ticket and in Thailand you don't have to think too much about that on the tollways. Lets face it, it is a rare adolescent that doesn't believe that all these bad things happen to other people and not them. Many if not most teens having a feeling of invincibility that starts to fade around 18 as the brain goes through changes into adulthood.

Nisa, not long ago the minor, only a young child, 16 ish, cannot have known the outcome of her actions, we should not wish for anything but feel sorry for her, and her family, this is the impression I got from you =apart from all the other walls of defence you threw up. Now "this invincibility starts to fade around 18 as the brain changes to adulthood. Most posters are saying money has got her out of this. Others have not been so lucky-even under 16. the jails are overcrowded with KIDS

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It's a very sad situation, the system stinks, but it was an accident. She shouldn't have been driving, but let's not pretend that she is the only one doing any wrong or that her parents are the only ones that would try to get their kid off all over the world. Just some have more money and influence than others. Yes she should face justice,but she won't due to everyone feeding the system.

How many Thais are happy to drive around pissed, no seat belts on or in cars that aren't at all road worthy and would be laughed at at a MOT test in the western world ? One guy wobbling his car along the road this morning while I was cycling stopped further up the road and got out with beer can in hand yes this morning. What's he going to be like later in the day ? He was very far from being rich.

What percentage of Thais don't have licences 40% + ? What percentage of poor Thais don't have licences 80% + ?

How many poorer Thais don't have insurance or money to compensate the victims family when they cause a crash 95% + , we all know this happens far too often due to <deleted> often drunk completely selfish driving ? And what happens when they get stopped ? Do they hold their hands up and accept the punishment or do they slip a bribe to the police and continue the cycle of corruption if they can ? I think we all know the answer.

Do Thais particularly the poor targeted by the police accept the actual punishment and fine when they can't be bothered to put a helmet on and get stopped for it ? No of cause not they keep feeding the corruption.

Keep feeding the corruption and one day it may come back to haunt you.

Stop paying police bribes and maybe they will actually do something about crime and the awful driving. If they did maybe this countries driving standards would be better than a 12 year old joy rider on whizz.

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Off-topic and inflammatory posts removed.

A few things to keep in mind:

1. This girl still faces charges, and the outcome hasn't been decided yet.

2. She is entitled to reasonable protection from slander and libel.

3. Many, many people here benefit from Thailand's "selective" enforcement of the laws, and all over Thailand kids drive to school. It's not exactly fair to focus this amount of rage against one young girl when this is widespread, and accepted by most Thais. In fact in most countries she would be legal age to drive.

Tone down the inflammatory posts. Libel or slander will result in posting bans or suspensions.

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Off-topic and inflammatory posts removed.

A few things to keep in mind:

1. This girl still faces charges, and the outcome hasn't been decided yet.

2. She is entitled to reasonable protection from slander and libel.

3. Many, many people here benefit from Thailand's "selective" enforcement of the laws, and all over Thailand kids drive to school. It's not exactly fair to focus this amount of rage against one young girl.

Tone down the inflammatory posts. Libel or slander will result in posting bans or suspensions.

Your point No.3 is spot on. Anger here cos number of lives lost but every day the same thing happens in LOS, people die from under age drivers, whether bike or car, cos the natives know the BiB do not work, do not uphold the laws of the land on a daily basis. Until that happens then the carnage will go on. Purges on drink drive, hah, first enforce the under age non licensed drivers, the parents that hand over the keys and most of all follow the rules of the road that are written but ignored.

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Off-topic and inflammatory posts removed.

A few things to keep in mind:

1. This girl still faces charges, and the outcome hasn't been decided yet.

2. She is entitled to reasonable protection from slander and libel.

3. Many, many people here benefit from Thailand's "selective" enforcement of the laws, and all over Thailand kids drive to school. It's not exactly fair to focus this amount of rage against one young girl when this is widespread, and accepted by most Thais. In fact in most countries she would be legal age to drive.

Tone down the inflammatory posts. Libel or slander will result in posting bans or suspensions.

"In fact in most countries she would be legal age to drive."

http://en.wikipedia.org/wiki/Minimum_driving_age The sources are in hyperlink next to the age.

Be careful how you throw around the phrase, "in fact".

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Off-topic and inflammatory posts removed.

A few things to keep in mind:

1. This girl still faces charges, and the outcome hasn't been decided yet.

2. She is entitled to reasonable protection from slander and libel.

3. Many, many people here benefit from Thailand's "selective" enforcement of the laws, and all over Thailand kids drive to school. It's not exactly fair to focus this amount of rage against one young girl.

Tone down the inflammatory posts. Libel or slander will result in posting bans or suspensions.

Your point No.3 is spot on. Anger here cos number of lives lost but every day the same thing happens in LOS, people die from under age drivers, whether bike or car, cos the natives know the BiB do not work, do not uphold the laws of the land on a daily basis. Until that happens then the carnage will go on. Purges on drink drive, hah, first enforce the under age non licensed drivers, the parents that hand over the keys and most of all follow the rules of the road that are written but ignored.

Of course underage driving should be addressed but drunk drivers as well as not using seat belts and helmets far out number road deaths caused by underage drivers.

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Of course she was gonna get off.. her father owns the largest ind. estate in Thailand (Amata nakorn).. oh.. and he's one of the top police in metropolitan Bkk.

Isn't it odd that the top echelons of Thailand police force seem to be manned by very successful businessmen yet the management and effectiveness of the police is a joke? :rolleyes:

You can still buy senior appointments in the Thai Police; having a high ranking family member assures a swift promotion & you can carry on your business aswell! I have a family member who's been waiting several years for promotion to Lt; he has seniority & a degree, yet the well positioned in society junior Cpl's get the job. No wonder the lower rank's take bribes when their promotion prospects & a chance of a better standard of living are denied them because of "low birth" status!

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Of course she was gonna get off.. her father owns the largest ind. estate in Thailand (Amata nakorn).. oh.. and he's one of the top police in metropolitan Bkk.

Isn't it odd that the top echelons of Thailand police force seem to be manned by very successful businessmen yet the management and effectiveness of the police is a joke? :rolleyes:

You can still buy senior appointments in the Thai Police; having a high ranking family member assures a swift promotion & you can carry on your business aswell! I have a family member who's been waiting several years for promotion to Lt; he has seniority & a degree, yet the well positioned in society junior Cpl's get the job. No wonder the lower rank's take bribes when their promotion prospects & a chance of a better standard of living are denied them because of "low birth" status!

+1

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Do adolescents really think through the consequences of speeding. I know I didn't. Did you at that age?

How about adults? I doubt any adult considers that their speeding may result in death when the do it. At most they are thinking about getting a ticket and in Thailand you don't have to think too much about that on the tollways. Lets face it, it is a rare adolescent that doesn't believe that all these bad things happen to other people and not them. Many if not most teens having a feeling of invincibility that starts to fade around 18 as the brain goes through changes into adulthood.

Nisa, not long ago the minor, only a young child, 16 ish, cannot have known the outcome of her actions, we should not wish for anything but feel sorry for her, and her family, this is the impression I got from you =apart from all the other walls of defence you threw up. Now "this invincibility starts to fade around 18 as the brain changes to adulthood. Most posters are saying money has got her out of this. Others have not been so lucky-even under 16. the jails are overcrowded with KIDS

I cannot help you with your illogical incomprehension or "impression" of my post(s). As for brain changes at 18; do an internet search or here is a good link to start with http://www.scienceda...60206105011.htm

As for what other posters speculate ... I am not sure what that has to do with anything unless you feel some need to go along with the mob or heard and if so you may want to consider joining the Facebook lynch mob . As for "jails" being overcrowded with "kids" ... please provide a source for this.

Edited by Nisa
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ANYBODY with any common sense would have known she was not going to be held if they read the Thai laws regarding the treatment of minors accused of a crime. They were posted her by a mod. Funny thing is they didn't mention anything about wealth or eliteness and simply made clear that Thailand observed the same types of treatment that are internationally accepted when it comes to minors.

And you are being deliberately disingenuous if you fail to realise that her relative wealth and social position will help to get her the most lenient treatment possible - leniency that may well not be given to those not enjoying her privileges.

The case as quoted by Newermonkey is far from rare - my 15 year-old stepson did 6 months for stealing a motorcycle. Are our families not loving and caring enough to provide a safe home? At very least, neither child left a trail of corpses and grieving families.

Ok, so let's look at your specific case, and give an honest answer.

In respect to this adolescent male;

1. What has been his past behaviour, i.e. good student, any truancy, past offenses?

2. What's the home environment like? Is the parent(capable) of managing/controling the boy? Are the parents able to prevent a reoffense? Is the homelife stable?

3. What services are available to the boy to encourage a change in behaviour? Is there a parent available to watch over the fellow?

4. Did the boy express remorse? Did he apologize to the victims? Did he pay restitution? What was the parent(s) attitude?

5. What was the boy's attitude in court? Was he a smart ass?

6. Would a stint in a juvenile detention center have a positive impact on the boy in terms of learning some respect for others?

In respect to the girl, let's look at some of the answers to the above questions;

1. It will most likely be shown that the girl has a spotless record.

2. Most likely an excellent stable home environment with parents that will keep that girl in line, with a mother that packs a mean backhand.

3. The girl will most likely be sent to specialized counseling and have access to therapy if need be.

4. The girls expressed remorse as best that an adolescent kid can do. The mother went the extra distance and was genuinely distraught and begged for forgiveness.

Rrestitution will be paid.

5. The girl hasb't been in court, but I'm willing to bet that she will grovel, cry and be terrified.

6. Highly unlikely a period in detention would achieve anything better than the shredding she's getting at the hands of her parents.

Another fact to keep in mind is that the theft by the boy was a thought out act and the direct consequence was known: A vehicle would be stolen.

The girl most likely was incapable of appreciating her actions. Do adolescents really think through the consequences of speeding. I know I didn't. Did you at that age?

And now a characteristic of young boys and girls that will provoke anger from some; There is a significant difference between male and adolescent non violent offenders. Most girls if they are caught early enough can be corrected easier than boys. Some boys have skulls as thick as a brick and no amount of threats or reasoning works.

I hope Super Mario the mod shows up with his background in social services and offers his work experiences. There are some other TVFers with experience in social work. If I have it wrong, then I'll be corrected, but that's how I see it. It boils down to a fact of life that boys and girls are quite different.

Your questions follow your previous logic, it's all someone else's fault. you have suggested the van driver may be at fault, you list a whole run of reasons why my stepson is an RRs-hole but assume that none of the above applies to this girl, "1. It will most likely be shown that the girl has a spotless record." Well its got a bloody big red spot now, and blood doesn't wash out easily.

Thank you for the implied slurs on my family, but in reality the major differences in the two families is the level of wealth and social position, and the guilt burden from our children's crimes. I feel none - I didn't encourage my child to steal.

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ANYBODY with any common sense would have known she was not going to be held if they read the Thai laws regarding the treatment of minors accused of a crime. They were posted her by a mod. Funny thing is they didn't mention anything about wealth or eliteness and simply made clear that Thailand observed the same types of treatment that are internationally accepted when it comes to minors.

And you are being deliberately disingenuous if you fail to realise that her relative wealth and social position will help to get her the most lenient treatment possible - leniency that may well not be given to those not enjoying her privileges.

The case as quoted by Newermonkey is far from rare - my 15 year-old stepson did 6 months for stealing a motorcycle. Are our families not loving and caring enough to provide a safe home? At very least, neither child left a trail of corpses and grieving families.

I would argue that stealing a motorcycle is a far more serious crime than speeding a few clicks over the limit without a national driving license, and being involved in an 'accident'.

Edited by way2muchcoffee
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Bearing in mind that the car involved in this horrific collision was a Honda. I find the Google ad's attached to this thread (And others) to be in poor taste.

Would the same ad's appear if the subect matter was different?

Christ on a bike..... You have GOT to be kidding? Does it realy matter? Are we to all cast aside any thoughts of Honda whist pondering on the incident? Should Google have placed adverts for the girl in question saying "Its cool to drive underage who cares" I would agree with you but a random, generic Honda advert JUST because the car she was driving was a Honda???

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All you whinging mob are getting on my nerves, constantly complaining about this young lady ! After all, she only caused a road accident which killed 9 innocent persons. Now if she had joined the Redshirts and attended a rally, now that is a jailable crime of the first degree.

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Im truly suprised at the general 'hang em high' attitude towards this girl. Most people here will hate me for saying this but I actualy feel I little sorry for her.

I feel this is a tragic event and the loss of life is so very sad. The families involved must be utterly devastated. She was clearly in the wrong and has indeed broken the law. Her actions have led to a major tragedy. Whilst I do feel sympathy towards the girl, I have much more sympathy for the poor souls who lost there lives and the families affected.

That said, she is a 16 year old kid who simply fcuked up. It wasnt intentional and she is now faced with a lifetime of being 'That Girl'. For the rest of her life - possibly around another 60 years - she is going to be frowned upon by all Thais wherever she goes. Being a Thai, she has to suffer the whole karma thing also.

The level of hatred towards this kid - lets remember she is a kid - is on a par with a yabba head loser gang raping a bunch of school kids. She caused an accident - she is at fault and deserves to be punished but she is not a criminaly insane sociopath who his lauhging at everyone.

I personaly feel she should spend a few of years in prison. Of course we all know she wont but thats just the way this country is. We cant blame this kid for the corruption of a country. If I was in her shoes, I also would be hoping my families influence could keep me out of jail.

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You mean the same parents that made her an entitled little princess and gave her the keys to a car at 16 ??

Anything in the news to indicate the parents gave her the keys to the car? Actually everything I read says they not know she was driving with a care borrowed from a friend. As for "entitled little princess" comment ... it only seems to show your biased against people who have money and status in society. As has been witnessed by all of us there are kids of all status driving underage in Thailand.

Nisa, I have been reading your posts on this and other threads about this "accident"

and I keep wondering what relation you are to this girl or what personal involvement

you have with her or her family.

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