Former Punk Rocker In Thai Jail Controversy Says ‘I Want To Go Home’

[Nisa]

I wonder if Andrew Drummond actually spoke to this guy and the quotes were to him. I only ask because it seems a good deal of information is missing as to what is the hold up or red tape. As I understand it ... even if you are picked up for overstaying your time then you get thrown in detention until you can pay the fine and airfare to get out of the country. Since he doesn't appear to be being held in detention he should just be able to go to the airport and pay his fine. If they have taken his passport then he should simply go to the embassy and get a new one as there doesn't seem to be any legal reason to take his passport unless there are charges against him we don't know about.

Not sure how the UK works but I met one kid in a bar from the US who says he ran out of money and had no way home. He went to the embassy and said the process takes like 4 to 6 weeks to get them to send you home and involved calling many family and friends to try to get the money for the ticket from them first. Once the embassy does pay they mark your passport for only being valid to return to the US and you are still responsible for paying the US back for the cost of the airline ticket. That is what the kid told me but I also suspected he was telling me a sob story to get me to help him.

Here we go again Nisa. Yes of course I spoke to the guy. Why else would I quote him? There is a good deal of info missing because even Richard Hewitt does not know the reasons for the delay apart from 'Not ready yet'. It would be foolish of him to attempt to leave while awaiting a court hearing. He has his ticket and the Embassy have given him a new passport to replace the one which disappeared in the custody of local police. Actually you can see a copy of his missing passport in the Pattaya Daily News.

So, what is this about all the red tape and so on if he simply cannot leave because he has a court date?

Edit: And there is no "here we go again" unless you are saying something false again. I didn't see that you had spoke to him directly and simply didn't know if you were quoting something he said to another reporter or press outlet.

I don't understand your first sentence. He does not have a court date.The Office of the Attorney General is not ready to proceed.Is this a mistake or is it what you describe as 'lying'.

So, he has a no court hearing scheduled?!?!? Doesn't sound like he has a hearing at all any legal sense but you say, " It would be foolish of him to attempt to leave while awaiting a court hearing".

Sounds like there is nothing stopping him from leaving. What am I missing. Is he on bail? If they are not ready to proceed then they may never be and never file a charge against him especially if he takes care of the overstay at the airport as this would moot and satisfy any overstay crime.

And please grow some thicker skin. I asked a question that was perfectly valid and it is you who wanted to start with the past which I thought we had put behind us.

Edited April 1, 2011 by Nisa

[powderpuff]

That's what I said. There is no tragedy. He is living in Pattaya as if nothing had happened.

Why doesn't he FO back to Blighty? Great question.

[Nisa]

That's what I said. There is no tragedy. He is living in Pattaya as if nothing had happened.

Why doesn't he FO back to Blighty? Great question.

In fact, if he has not been charged with over staying to date then he runs the risk of being jailed at any moment for his overstay unless he now has some sort of visa. But I don't think you can get a Visa unless you clear up your overstay and if he has done that then there is no issue with leaving. Maybe he has been charged with a crime stemming from why he was jailed in the first place.

[geriatrickid]

I wonder if he lost his passport during his mental collapse.

It is indeed a great mystery. This is a job for Scooby Doo and friends, but not scrappy Doo because I can't believe that Scooby would have a nephew detective dog.

And did you know it's 5 45 in Patong and a bar somewhere on Rat U near Jungceylon has been blaring boompa boompa boompa. I have will work on helping solve the case since i can't sleep.

[andrewdrummond]

So, he has a no court hearing scheduled?!?!? Doesn't sound like he has a hearing at all any legal sense but you say, " It would be foolish of him to attempt to leave while awaiting a court hearing".

Sounds like there is nothing stopping him from leaving. What am I missing. Is he on bail? If they are not ready to proceed then they may never be and never file a charge against him especially if he takes care of the overstay at the airport as this would moot and satisfy any overstay crime.

And please grow some thicker skin. I asked a question that was perfectly valid and it is you who wanted to start with the past which I thought we had put behind us.

Still don't understand what you are talking about Nisa. He was arrested on a charge of visa overstay. He has been toddling down to Pattaya on a monthly basis not to go to the court but the OAG who have not decided yet what to do.

He cannot leave the country without breaking the law. What else are you confused about? What happens to him at court is up to the OAG. It would be nice if they just let him go home of course.

Again I do not understand your last sentence. You messaged me to apologise because you have an issue with journalists and no sooner do you do so than you are on the attack again. Before suggesting the journalist might not have spoken to Mr. Hewitt (this rendering the story barely credible) you might have checked.

[Pi Sek]

My guess is this - he overstayed his visa, was charged with overstay, the public prosecutor did not contest bail, he was granted bail, the Court has yet to set a date for a preliminary hearing. Actually, I don't see why the OAG need to get involved, it should be a simple case of overstay - he should pay a fine and leave. He has a new passport now, so presumably all the "red tape" is just transferring his old (expired) visa to his new passport and working out the overstay fee. Maybe it's because they can't find his old one!

With regards to visas for aliens under prosecution, even if on bail, the Court will produce a letter saying that the alien in question cannot legally levae the country - so they get 90-day extensions from Immigration with just a letter from the public prosecutor. I know one incidence of this - the person getting prosecuted (who was on a 1-year non-immigrant type-B visa) loved it, he didn't have to renew his visa at a foreign consulate for over 2 years and didn't have to make any visa runs!

[Nisa]

Before suggesting the journalist might not have spoken to Mr. Hewitt (this rendering the story barely credible) you might have checked.

Being a journalist, your responses really shock me. I never suggested you didn't speak to him or that you did anything wrong. I simply wondered if you did because your article seems to being missing a lot of information. Any person working in the news is well aware that reporters and news anchors REGULARLY provide us quotes of what people said but it doesn't mean the person said them to that reporter.

[andrewdrummond]

Before suggesting the journalist might not have spoken to Mr. Hewitt (this rendering the story barely credible) you might have checked.

Being a journalist, your responses really shock me. I never suggested you didn't speak to him or that you did anything wrong. I simply wondered if you did because your article seems to being missing a lot of information. Any person working in the news is well aware that reporters and news anchors REGULARLY provide us quotes of what people said but it doesn't mean the person said them to that reporter.

zzzzzzzzzzzzzzzzzzzzzzz

[andrewdrummond]

My guess is this he overstayed his visa, was charged with overstay, the public prosecutor did not contest bail, he was granted bail, the Court has yet to set a date for a preliminary hearing. Actually, I don't see why the OAG need to get involved, it should be a simple case of overstay - he should pay a fine and leave. He has a new passport now, so presumably all the "red tape" is just transferring his old (expired) visa to his new passport and working out the overstay fee. Maybe it's because they can't find his old one!

With regards to visas for aliens under prosecution, even if on bail, the Court will produce a letter saying that the alien in question cannot legally levae the country - so they get 90-day extensions from Immigration with just a letter from the public prosecutor. I know one incidence of this - the person getting prosecuted (who was on a 1-year non-immigrant type-B visa) loved it, he didn't have to renew his visa at a foreign consulate for over 2 years and didn't have to make any visa runs!

My guess is this.(and its a little bit more than a guess) Richard Hewitt was held for a considerable period before being presented to a court and, when he eventually was, the judges would not sit on the case because of the state he was in. Technically some legal procedures were most likely broken. When that happens in Thailand the only thing to do is sit on a beach and wait out - at your own expense.

The case also became high profile with Pattaya Police actually calling a press conference to denounce 'foreign newspapers' and that they had done everything right and sent him off to a hospital etc.etc.

Edited April 2, 2011 by andrewdrummond

[Pi Sek]

Technically some legal procedures were most likely broken. When that happens in Thailand the only thing to do is sit on a beach and wait out - at your own expense.

Yes indeed - which is not a bad thing at all for someone integrated in the country already, but is a real pain if one is on a 2-week holiday.

That's why the arresting police, the public prosecutor and the duty lawyer make so much "auxiliary salary" through NPOs (non-prosecution orders) - that's why you can "fast-track" a misdemeanour in the court system for <enter your ransom amount here> rather than wait the year-and-a-half for the case to run its course using the proper court procedures.

[Nisa]

I wonder if Andrew Drummond actually spoke to this guy and the quotes were to him. I only ask because it seems a good deal of information is missing as to what is the hold up or red tape. As I understand it ... even if you are picked up for overstaying your time then you get thrown in detention until you can pay the fine and airfare to get out of the country. Since he doesn't appear to be being held in detention he should just be able to go to the airport and pay his fine. If they have taken his passport then he should simply go to the embassy and get a new one as there doesn't seem to be any legal reason to take his passport unless there are charges against him we don't know about.

Not sure how the UK works but I met one kid in a bar from the US who says he ran out of money and had no way home. He went to the embassy and said the process takes like 4 to 6 weeks to get them to send you home and involved calling many family and friends to try to get the money for the ticket from them first. Once the embassy does pay they mark your passport for only being valid to return to the US and you are still responsible for paying the US back for the cost of the airline ticket. That is what the kid told me but I also suspected he was telling me a sob story to get me to help him.

The story you mention about An American kid is true. The Embassy will take 4-6 weeks to process before thing turns around. The Embassy workers will contact his US family and issue him the US Visa only. He has to pay back...for the cost of an airline ticket...Believe me it is better than to let him fight alone. I do know most of Americans are quite honest. They say of what they mean. They are so independence and do not want to bather anyone. I would love to see Farangs form a non profit to help in case they can not get any support . Everyone helps whatever he or she can then this fund can make the difference. My take and an opinion...

P.S. I will urge the non profit to be clean and post every penny on line. ( the donors are happy and it will attract the new donors because, it is an honest cause )

The British Embassy will allow you as much time as you need with a VOIP phone line to call friends or relatives and persuade them to wire you money to get home. Other than that they will advise you to go to a temple to get free food and accommodation while awaiting repatriation. If you have overstayed your visa, you can turn yourself in to the police and be incarcerated in the Immigration jail where rations are even worse than in normal prisons but theoretically enough to keep you alive. British Embassies no longer provide emergency funding or repatriation for citizens who have willfully made themselves destitute abroad through fecklessness. They only do this for people for people who in trouble due to sickness, accidents or are victims of violent crime (not being rolled by a ladyboy after an amorous encounter). Remember that British embassies have officially been reclassified as trade outposts.

So, if one is incarcerated for overstaying their visa (at least from the UK) are they in a sense given a life sentence here in Thailand if they cannot come up with money to get home? Even if a devoping country I would assume they need to at some point take responsibility for getting the person back to their homeland or that their embassy would have to step in at some point.

[Nisa]

Technically some legal procedures were most likely broken. When that happens in Thailand the only thing to do is sit on a beach and wait out - at your own expense.

Yes indeed - which is not a bad thing at all for someone integrated in the country already, but is a real pain if one is on a 2-week holiday.

That's why the arresting police, the public prosecutor and the duty lawyer make so much "auxiliary salary" through NPOs (non-prosecution orders) - that's why you can "fast-track" a misdemeanour in the court system for <enter your ransom amount here> rather than wait the year-and-a-half for the case to run its course using the proper court procedures.

I thought in one of the original stories it mentioned this guy has money. Wonder why nothing is mentioned about him getting an attorney.

[Pi Sek]

Technically some legal procedures were most likely broken. When that happens in Thailand the only thing to do is sit on a beach and wait out - at your own expense.

Yes indeed - which is not a bad thing at all for someone integrated in the country already, but is a real pain if one is on a 2-week holiday.

That's why the arresting police, the public prosecutor and the duty lawyer make so much "auxiliary salary" through NPOs (non-prosecution orders) - that's why you can "fast-track" a misdemeanour in the court system for <enter your ransom amount here> rather than wait the year-and-a-half for the case to run its course using the proper court procedures.

I thought in one of the original stories it mentioned this guy has money. Wonder why nothing is mentioned about him getting an attorney.

Nisa, although I agree with your critical approach to that which deserves a critical eye, I get the slight feeling you are possibly fishing for an argument to a small extent?

The guy was out of his tree - crazier than even I, who can boast a fairly "far out" few years of far-out-ness in my younger years (the effects of which might even be felt today), can quite fathom - rotting and seemingly unable to communicate, so a lawyer can only represent him to a certain degree. Especially if that lawyer was expecting a cut of proceeds in what in other circumstances should lead to a quick palm-greasing and a fast-tracked deportion.

[Nisa]

Nisa, although I agree with your critical approach to that which deserves a critical eye, I get the slight feeling you are possibly fishing for an argument to a small extent?

The guy was out of his tree - crazier than even I, who can boast a fairly "far out" few years of far-out-ness in my younger years (the effects of which might even be felt today), can quite fathom - rotting and seemingly unable to communicate, so a lawyer can only represent him to a certain degree. Especially if that lawyer was expecting a cut of proceeds in what in other circumstances should lead to a quick palm-greasing and a fast-tracked deportion.

Not at all looking for an argument. Just trying to understand and thinking out loud. Is my assumption wrong that the guy is all right now (mentally). I thought this was the case. I haven't gone back to the original news accounts but i thought the gist was he was completely out of it when arrested and held during that time and then once the expat got him out and got him some help it turned out he was a fairly well off guy who had just got too involved with the vices in Pattaya. I did find it hard to believe the guy could be in such a state as he was and then now be ok but I just assumed this to be true without more info on what (drugs?) may have caused his breakdown. I would just think if you have money and are being held against your will in a foreign country this would be a very wise time to invest that money in some legal help ... but maybe he does have a lawyer and it is just not mentioned.

But again, really just not understanding why the guy is still here if he doesn't want to be. It would be in everybody's best interest just to let him pay his fine and go and have all this be over with. I would "think" he has worn out his welcome in Thailand from the initial arrest and it is not going to be like they will let him back in the country. Even if the new passport has no old visa information they do have a record of his entry in the computer and the maximum fine is 20k baht. The only thing I can think of is the guy wants to be able to come back to Thailand and why he is staying ... to try and work out being able to come back.

Edit: I only worded the original comment of why "no mention" instead of wondering why he "has no lawyer" because I'm not sure if he does but leaning towards he doesn't since it makes no mention either way. It wasn't a comment about the author of the story but now see how it may be taken that way.

Edited April 2, 2011 by Nisa

[Oberkommando]

Thankfully there are people like Drummond to highlight disgusting injustices perpetrated by the Thai authorities against foreigners.

Exposing them offers scant protection, but at least it is something.

[andrewdrummond]

Technically some legal procedures were most likely broken. When that happens in Thailand the only thing to do is sit on a beach and wait out - at your own expense.

Yes indeed - which is not a bad thing at all for someone integrated in the country already, but is a real pain if one is on a 2-week holiday.

That's why the arresting police, the public prosecutor and the duty lawyer make so much "auxiliary salary" through NPOs (non-prosecution orders) - that's why you can "fast-track" a misdemeanour in the court system for <enter your ransom amount here> rather than wait the year-and-a-half for the case to run its course using the proper court procedures.

I thought in one of the original stories it mentioned this guy has money. Wonder why nothing is mentioned about him getting an attorney.

The story states that Hewitt paid all his legal costs. Feel free to assume he has a lawyer

[powderpuff]

So I guess the lawyer is incompetent to arrive at a number which will make all the problems go away & this idiot can be deported back to his home country?

I'm thinking it wasn't drugs that got him locked up in the crazy house but drugs that have him in a lucid condition now. Lithium etc.

[MontrealFarang]

If the Brit has money as he claims, couldn't he just have greased the right palms to get himself out of this predicament? Surely someone that has 6 or 7 digits in the bank would be willing to spare 5 digits to spare himself this ordeal which could have cost him his life.