Santika Club Owner Sentenced To 3 Years In Jail: Bangkok

[Nisa]

3 year in jail ,20,000 baht fee ? not much for 66 dead . ,they should have set some example of other places as dangerous as that pub.

don't blame the court - article says:

gave them the highest penalty possible under Thailand's Criminal Code, Article 290

I have no idea if this is a fair sentence or not but if they wanted to give them more time they simply could have charged them with additional crimes which surely they violated for such a horrendous thing to have happened.

[Old Croc]

they don't say what sentence for Sarawut the lead singer of Burn .... a sure fact is that he never lit any firework on stage and he was even off stage when the fire started as the band had finished playing 5 minutes earlier .... yesterday saw Burn play as usual in sinakarin ... always at the top of their game

A change of name for the band could be appropriate.

[webfact]

SANTIKA INFERNO

Santika pub owner gets three years for deadly NY's Eve party

By The Nation

The Bangkok Southern Criminal Court Tuesday sentenced the owner of the Santika pub to three years in jail for negligence leading to dozens of deaths at a 2008 New Year's Eve party.

The Bangkok Southern Criminal Court Tuesday sentenced the owner of the Santika pub to three years in jail for negligence leading to dozens of deaths at a 2008 New Year's Eve party.

The court found Wisuk Setsawat guilty of negligence for failing to obey building regulations and provide safety equipment and emergency exits at his Santika pub.

The pub caught fire on the morning of January 1, 2008, killing 67 people and injuring another 103.

The court also found him guilty of allowing minors to enter Santika.

Wisuk said he would appeal against the ruling.

The court also sentenced Boonchu Laorinath, owner of the Focus Light Sound System Company, to three years in jail for negligence in erecting the stage display, including fireworks, that sparked the blaze.

Boonchu was also ordered to pay restitution of Bt8.5 million to the five plaintiffs, relatives of the victims.

The pub's operating licence was due to expire on New Year's Day.

Senior prosecutor Ruecha Krairuek said 40 relatives of the victims acted as co-complainants, and all seven defendants pleaded not guilty before the testimonies of 50 state witnesses began and were completed on August 21.

-- The Nation 2011-09-20

[SAffer]

1.83 months for each life lost, What Justice.

Flawed math - it's even worse! 3 years = 365 X 3 = 1095 days, divided by 67 dead = 16.34 DAYS PER LIFE LOST! Disgusting!

yes, 1 month = 1.83 lives lost

[TallGuyJohninBKK]

Santika pub owner gets three years

By The Nation

The Nation report, back-handedly, mentions that there were SEVEN defendants.... But doesn't even bother to report that the rest of them were actually cleared, whether deservedly or not... Good Job...

[TallGuyJohninBKK]

Police chief admits investigation may be flawed

By The Nation

Published on February 5, 2009

Governor vows to look into forged building documents

After an investigation report from the Justice Ministry revealed issues not covered in police examination, Police Commissioner Lt General Suchart Muenkaew yesterday admitted that investigation into the Santika fire might have been a bit hasty and flawed.

Meanwhile, Bangkok Governor MR Sukhumbhand Paribatra said he would order an investigation into forged construction applications and look for ways of preventing such acts in the future.

"Deputy police chief Jongrak Juthanont has been an adviser on the investigation, but since he has not been analysing the case himself, any flaw found in the report would fall upon the city police for not clearly gathering evidence. I admit that the investigation might have been done in a hurry, but the case has not been concluded," he said.

Meanwhile, Central Investigation Bureau commissioner Pol Lt General Worapong Chewpreecha said the probe into Crime Suppression Division's deputy chief Col Prayont Lasua's shareholding in Santika Pub, which he ordered on January 8, should be completed by Saturday.

"The division would act according to regulation, no matter what the result is. I confirm that no effort is being made to protect the official," he added.

http://www.nationmul...d-30095048.html

Edited September 20, 2011 by TallGuyJohninBKK

[webfact]

Court hands down rulings on Santika Club fire case

BANGKOK, 20 September 2011 (NNT) -The Criminal Court has handed down jail terms to the major shareholder of the Santika Club and the owner of the sound system company for their negligence involving fire accident that killed more than 60 people three years ago.

The Court has ruled that the major shareholder of Santika Pub Visuk Setsawad, and the owner of the Focus Light Sound System Co.,Ltd Boonchu Laosihart are guilty of negligence, leading to deaths and injuries. The pair has been sentenced to three years in jail. The Focus Light Sound System Co.,Ltd, the contractor that undertook the special effect work of Santika Pub has been ordered to pay a fine of 20,000 THB.

The Court also ordered Visuk, Boonchu and the Focus Light Sound System Co.,Ltd to pay 8.7 million THB in compensation for the victims. Other defendants have been acquitted. Visuk said he would appeal.

On the eve of the New Year 2009, fire broke out in the Santika Club nightclub in Watthana area of Bangkok where revelers were celebrating New Year. A total of 66 people were killed and 222 were injured.

-- NNT 2011-09-20

[pacovl46]

3 year in jail ,20,000 baht fee ? not much for 66 dead . ,they should have set some example of other places as dangerous as that pub.

i think having to live with the knowledge until the end of yr days that because of yr negligence 66 people have died is heavy enough a burden to carry as it is. did u know that america multiplies every year that an american citizen spends in a thai jail by 6 due to the horrific circumstances that prevail in thai jails? so, doing 3 years in bangkok hilton is punishment enough in my opinion.

[sfm]

It is not the effect, it is the risk taken with others lives that count.

One or two hundred make no difference.

The whole Thai system of total passivity is the real culprit. This is something for which the Thai people highly share the responsibility.

Did anybody see "regular safety inspections" as argument in the election debate?

Or, say, "enforcement of speed limits and more alcohol tests in the city"?

I have outside the Silom+Sukhumvit areas been stopped only two times, despite driving every day for more than 10 years.

But what did I see on the election posters? Free notebooks, and promises of money in various ways.

- - -

"Deputy Commissioner General Jongrak Juthanon of the Royal Thai Police claimed the force had refused to allow Santika to open in 2004.

'We found it did not confirm to standards,' he said.

However, the venue threw open its doors after launching a legal appeal that would spend four years in the court system."

http://news.sky.com/...rticle/15196605

So, a place gets a "no" and still opens? There's a good place to start. What does the law say? Do we need a change? Or do we need to spend money on eye-glasses to the police force?

Had that been done there would be approx 66 young people alive today.

"The Ministry of Justice investigation discovered the nightclub was officially registered as a private residence and therefore had never received a fire safety inspection"

http://en.wikipedia....ntika_Club_fire

How many Santikas are open around Thailand, built by powerful men with the right connections. Regardless of what laws may or may not be in place?

Dear Thai parents - instead of waiting for the next Santika or the next drunk-driving accident - wake up, and start take interest in your system, and clean out the corruption and inaction.

That will help.

Putting some corrupt businessman in jail (if that even will even happen) whenever something already went wrong will hardly.

Edited September 20, 2011 by sfm

[webfact]

Santika Pub Owner Sentenced to 3 Years in Prison

The Bangkok Criminal Court sentences the owner of Santika pub, where some 60 people were killed in a tragic fire during a 2009 New Year's eve party, to three years in prison.

The court has found Santika pub executive Wisuk Setsawad and executive of Focus Light Sound System Company Bunchu Laosrinart guilty of reckless conduct leading to deaths, injuries and damage to others' properties.

The court sentenced Wisuk and Bunchu to three years in prison each and fined Focus Light Sound System 20,000 baht.

The company was responsible for setting the special effects that featured flames on the performance stage at Santika pub on New Year's eve of 2009.

It also ordered the parties to pay compensation of a combined 8.7 million baht to the victims of the tragic fire.

Wisuk said he will petition against his sentence with the Appeal Court.

The Santika Pub fire took place on New Year's eve in 2009.

The blaze killed 67 people and injured 71, 32 of which were in critical condition.

Together with the three, four others were named as co-defendants.

These include the pub's operation director Tawatchai Srithumma, entertainment manager Pongthep Thepjinda, marketing manager Wutthipong Warailikrue and singer of the band 'Burn' Sarawuth Araya.

Sarawuth was responsible for lighting the firecracker that started the blaze.

These defendants were acquitted by the court.

-- Tan Network 2011-09-20

[TallGuyJohninBKK]

From a May 2009 news media report....

After testifying to police, Mr Wisuk, in tears, said he was deeply sorry for the tragedy. He apologised to relatives of those who died or were injured.

His lawyer, Poolsak Pongcharoen, said 31 shareholders of the pub had pooled resources to raise a two-million-baht fund for helping the injured and families of the dead.

So far, they had handed out 20,000 baht in cash assistance to 11 families of dead victims, and 10,000 baht in cash to two injured victims, said Mr Poolsak.

Let's see, that 2 million works out to about U.S. $67,000... for 60+ people dead and more than that number injured...

And other media reports said the club made 250 million baht over a five year period, without paying taxes....

[Metalgear]

LIFE IS CHEAP in Thailand.......

3 year in jail ,20,000 baht fee ? not much for 66 dead . ,they should have set some example of other places as dangerous as that pub.

[Riely]

Bail will now almost certainly be given pending an appeal, and Wisuth will probably find a way of leaving Thailand, as other high profile people have done before him.. Shades of Kamnan Poh amongst others.

and another famous criminal who is trying to get back in...

Well Said.

[TallGuyJohninBKK]

And from another media report at the time...

The Santika pub never paid excise tax because inspectors ruled there was no alcohol or dancing on the premises, an anti-corruption agency says.

The Excise Department told the Commission for the Prevention and Suppression of Corruption in the State Sector its officers had just carried out one inspection during the five years the pub was in operation.

The commission has been examining the Excise Department for failing to collect 20 million baht in excise taxes from the pub in the five years before it burned down just after midnight on New Year's Day, leaving 66 people dead and hundreds injured.

Commission secretary-general Tharit Pengdit said the Justice Ministry's investigators found the pub operator, White and Brothers 2003 Co, had never paid the 10% excise tax on its gross revenue.

The Santika pub was required to pay excise tax as it opened as an entertainment venue with a dance floor and served alcoholic drinks, the commission said.

Mr Tharit said his agency had asked the Excise Department why it failed to collect taxes from White and Brothers.

The Excise Department claimed it did not collect the tax because the company had informed the department Santika was a restaurant without any dancing activities and did not serve alcohol.

[Just1Voice]

Wisuth, being the tiny, cowardly, soft, wussy man he is, is going to appeal the sentence. Imagine if he had stood up, and apologized to the families who lost loved ones, and said he is going to serve the sentence as penance, and pay the fines as required by the court? Instead what does he do? That which a soft, wussy, tiny, insignificant man does. Deny, and continue fighting. What a terrible example of a human being. He is a discredit to the human race. Shame on you Wisuth.

He's just exhibiting Typical Thai Behavior. Deny responsibility, Blame others, and appeal till it's finally forgotten about, or someone is paid to make a favorable ruling.

[overhaul38]

One thing you can say is that there was no rush to judgement. Three years does seem lenient.

[Colabamumbai]

So 30 Baht 30 Satang, the price of taking human life in Thailand. Do the math.

[ginjag]

It is not the effect, it is the risk taken with others lives that count.

One or two hundred make no difference.

The whole Thai system of total passivity is the real culprit. This is something for which the Thai people highly share the responsibility.

Did anybody see "regular safety inspections" as argument in the election debate?

Or, say, "enforcement of speed limits and more alcohol tests in the city"?

I have outside the Silom+Sukhumvit areas been stopped only two times, despite driving every day for more than 10 years.

But what did I see on the election posters? Free notebooks, and promises of money in various ways.

- - -

"Deputy Commissioner General Jongrak Juthanon of the Royal Thai Police claimed the force had refused to allow Santika to open in 2004.

'We found it did not confirm to standards,' he said.

However, the venue threw open its doors after launching a legal appeal that would spend four years in the court system."

http://news.sky.com/...rticle/15196605

So, a place gets a "no" and still opens? There's a good place to start. What does the law say? Do we need a change? Or do we need to spend money on eye-glasses to the police force?

Had that been done there would be approx 66 young people alive today.

"The Ministry of Justice investigation discovered the nightclub was officially registered as a private residence and therefore had never received a fire safety inspection"

http://en.wikipedia....ntika_Club_fire

How many Santikas are open around Thailand, built by powerful men with the right connections. Regardless of what laws may or may not be in place?

Dear Thai parents - instead of waiting for the next Santika or the next drunk-driving accident - wake up, and start take interest in your system, and clean out the corruption and inaction.

That will help.

Putting some corrupt businessman in jail (if that even will even happen) whenever something already went wrong will hardly.

QUOTE= "The Ministry of Justice investigation discovered the nightclub was officially registered as a private residence and therefore had never received a fire safety inspection"

Discovered..Ha Ha. and during the operating time of a night venue, no one knew it was operating. Local administration guilty for not making checks - when surely they DID know it was not being used as the said private dwelling. Who paid who off ?? for not reporting it's operation. DO THEM as well. all the people who Knew it was operating illegally.

[VictorOne]

Good result....lets however see if the sentences/compensation get carried through...this is only way things can improve in Thailand, make people accountable for their actions

If he does time great, but what a sentence for killing more than 60 people "only in Thailand"

[Atmos]

One of the Thai TV channels has just had one of the survivors outside what I guess was the courtroom.

Brave young lady, burn victim and just small patches of scalp with hair, her face appeared to have had surgery/grafts but what a mess.

Like to see one of these men responsible front up to her and the other burn victim survivors, and the families of the ones who died.

I wonder if she will ever receive ay compensation; no amount would be enough to 'compensate'.

Edited September 20, 2011 by Atmos

[Sparkles]

Good result....lets however see if the sentences/compensation get carried through...this is only way things can improve in Thailand, make people accountable for their actions

Good result ??? 66 dead is only worth 3 years!!! Plus the freedom he has has since it happened .Talk to the families of the dead and see if they think 3 years is justice and he will probably serve 18 mths...a bad joke. You can get 3 years for knocking of a 7/11

[noitom]

Three years and 20,000 baht is a sad joke, given what occurred in this episode...

But more importantly, who exactly is Wisuth? The owner? An executive?

I recall previously, there was stuff circulating about someone like the parking attendant being the supposed manager... I'm exaggerating here...

But seriously, the reports were that the place was basically run by someone high ranking in government/law enforcement. Is Wisuth THAT guy, or just a fall guy?

Exactly, good question. Who is Wisuth? I remember that there were something like eight co-owners. Was it determined that Wisuth should be the one thrown under the bus to stand for the crime? What about the additional implicated people on the CSD and force? Was there any further investigation of collusion and conspiracy to avoid regulatory certification by inspectors? This case would have been a very good high profile case for Thailand to show that it cares about setting world standards and regulations that make it safe for Thais and tourists alike to be secure in its buildings and promises. Alas, Thailand followed the old school book. First , determining what was "the best thing to have occurred and then "fix" the evidence accordingly. Second, determine the minimum acceptable penalties acceptable , if only Thais involved. Third, how the police and government fixers would be "taken care of". And then lastly appearing on the surface to give some evidence of penalty closure. So Wisuth ends up being the one thrown under the bus to hold up as the example that justice was at work , Thai style. Condolences again to the families of the victims. I remember seeing the photos of their charred and unrecognizable bodies pied up at the "locked and chained from the outside" exit doors, as they desperately and frantically tried to escape the heat and smoke and were burned alive. Wisuth was obviously the sole person responsible for "chaining" the only exit door closed so as to prohibit others from sneaking in for free and avoiding the 500 baht cover charge.

[marc11864]

Good result....lets however see if the sentences/compensation get carried through...this is only way things can improve in Thailand, make people accountable for their actions

Good result? Only if you have no interest in effecting change in the LOS for the betterment of its people. In what way does this send a message that it is not okay to run a business in a dangerous manner at the expense of your customers?

And the nerve of Wisuth to appeal 3 years for 66 deaths. What gall!

[Hugh Jarse]

Wisuth, being the tiny, cowardly, soft, wussy man he is, is going to appeal the sentence. Imagine if he had stood up, and apologized to the families who lost loved ones, and said he is going to serve the sentence as penance, and pay the fines as required by the court? Instead what does he do? That which a soft, wussy, tiny, insignificant man does. Deny, and continue fighting. What a terrible example of a human being. He is a discredit to the human race. Shame on you Wisuth.

AGREE, he is an absolute scumbug. In view of the seriousness of his crimes he should have his passport taken away til the appeal has been heard.

[ratcatcher]

Wisuth, being the tiny, cowardly, soft, wussy man he is, is going to appeal the sentence. Imagine if he had stood up, and apologized to the families who lost loved ones, and said he is going to serve the sentence as penance, and pay the fines as required by the court? Instead what does he do? That which a soft, wussy, tiny, insignificant man does. Deny, and continue fighting. What a terrible example of a human being. He is a discredit to the human race. Shame on you Wisuth.

AGREE, he is an absolute scumbug. In view of the seriousness of his crimes he should have his passport taken away til the appeal has been heard.

This scumbag, yes, let's call him that, must spend some time, I imagine, in general population at whatever prison they send him to. If it were a member of my family that had been burned or killed in his nightclub, he'd spend the rest of his days looking over his shoulder. Revenge in this case would be sweet.

Sorry if that sounds a bit harsh to our more sensitive members but I hate gutless turds!

[raro]

I recall previously, there was stuff circulating about someone like the parking attendant being the supposed manager... I'm exaggerating here...

you are not. The Managing Director on the papers was actually the parking lot attendant.

[hehehoho]

So all are presumably sleeping in their own beds tonight.

Were any of the police charged for the amount of gold jewelry that was reported stolen off the corpses in the police morgue?

[caribbeanman]

Only three years in jail and 81 million bat???and still there are lot of people out there that blieve in justice,Poor Naive People!!!

[Chua]

"holding a light and sound performance without any signage of the building plan and fire emergency exits."

Come on -- like signage would have helped in a situation like this?

Apparently the real problem is the complete lack of reasonable and proper fire prevention laws and enforcement of such laws. The real culprit here is the government for lack of necessary decent building codes which are standard in every first world country for theaters and other large buildings. Rules should mandate proper ventilation, emergency lights, multiple exits, smoke alarms, fire suppression systems (water sprinklers at least, yet other options also exist), etc, then such tragedies would have been prevented from occurring in the first place.

[connor6063]

Isnt 3 years a bit short for being responsible for 60+ deaths?