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Two Thai Men Fighting Extradition To Australia To Face Trial For Murder


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Pair fight extradition for 2009 murder

Jim Pollard

The Nation

Two Thai men fighting extradition to Australia to face trial for murder told a court in Bangkok yesterday they were unlikely to get fair treatment if sent back to Melbourne because of problems of racism.

Surad Seehaverchart, 29, and Thatiya Terdputham, 36, are accused of a fatal attack on Luke Mitchell, a 29-year-old “good samaritan” who was followed and stabbed five times in May 2009 after he broke up a fight outside a nightclub.

Surad told the court yesterday he was happy to stand trial in Thailand and accept any punishment imposed by a Thai court but didn’t want to be returned to Australia, because he had been called a “stupid Asian” and had heard reports of many racist attacks there.

“Asians have to stay low profile to avoid being bullied in Australia,” he told judges at the Ratchada Criminal Court.

Surad, a student from Phuket, said he had been studying in Melbourne. He flew back to Thailand shortly after Mitchell was killed and was arrested a year ago.

Yesterday, he denied running away. He said Thai police had not presented an arrest warrant when they first came to apprehend him. He later cooperated when detained.

Asked why he wanted to stand trial in Thailand, he said: “Because I’m Thai. My nationality is Thai. If I’m found guilty, I’d like to be punished in Thailand.”

Asked what he was afraid of, he replied: “I understand the procedures in the Thai court. I’d like to prove my innocence to a Thai court only.”

Surad and Thatiya both deny killing Mitchell, a chef from Sanctuary Lakes.

After yesterday’s final witness hearing, they told reporters the person who stabbed the Melbourne chef two years ago was a third Thai man yet to be arrested, who is reportedly the son of an influential figure.

“We did not kill him. The one who did, he’s away – he’s still on the run,” Thatiya said in the court room after the judge had left the chamber.

“We are very sorry to Luke, as well. We didn’t know it was going to happen. We are sorry for the [Mitchell] family.”

Asked by reporters if their colleague, whom they claim stabbed Mitchell, was the son of a jao por – mafia figure – Thatiya replied in English: “So, you know that!”

Earlier, a human-rights activist told the court that sending the two men back to face trial in Melbourne would be a violation of their privacy and rights as Thai citizens.

Sophon Tatichotiphan, who works with a small rights group, said his organisation had written to the Thai Foreign Ministry to oppose the extradition on grounds it would be a breach of their “rights” and “unsafe”.

He said extraditing “our own people to other countries shouldn’t be done. We must protect our people… They should be tried here under Thai law.”

Judges said yesterday they would deliver their verdict – to either extradite or release the two men – on November 30.

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-- The Nation 2011-09-27

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Thai men fear unfair trial in Australia

Ron Corben

Two Thai nationals charged with murdering Melbourne man Luke Mitchell fear they will get an unfair trial if sent back to Australia, a court has been told.

Sarud Seehaveerachart, 29, and Thatiya Cherdphutham, 36, appeared before the Bangkok Criminal Court for an extradition hearing on Monday.

Australian authorities want to try the pair for the murder of Mr Mitchell, who was bashed and stabbed to death while trying to save another man being assaulted outside a nightclub in Brunswick, northern Melbourne, in May 2009.

The alleged killers fled to Thailand just hours after the stabbing.

Both men have pleaded not guilty, saying they had fought in self defence.

At Monday's hearing, Sarud, who had been studying at a university preparation college in Melbourne, said he feared being sent back to Australia because the trial would be unfair.

He told the court he wanted to stand trial in Thailand.

"My nationality is Thai. If I am found guilty, I'd like to be punished in Thailand," he said.

Sarud and Thatiya appeared in court in regulation orange prison clothes wearing ankle chains for Monday's hearing, which was the last day for witness testimony.

Human rights activist Sophon Tatichotiphan told the hearing the extradition was a breach of the men's rights and that it was unsafe for them to be sent to Australia.

Australian Embassy officials also attended Monday's hearing.

After the proceedings had finished, the men told reporters that a third Thai, who is unnamed and remains at large, was responsible for killing Mr Mitchell.

"We did not kill him. The one who did is away and he is still on the run," Thatiya, said, speaking in English.

"We are very sorry for Luke as well. We didn't know it was going to happen (that way)," he added.

Sarud's mother, Cholika Nonnithikul, from Phuket, told reporters her son had never been in trouble before and she had encouraged her son to study in Australia.

The next hearing date, expected to be the verdict, is scheduled for November 30.

Sarud was arrested in Thailand in September 2010 and Thatiya was detained one month later.

Source: http://news.smh.com.au/breaking-news-world/thai-men-fear-unfair-trial-in-australia-20110926-1ktzg.html

-- smh.com.au 2011-09-27

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If the courts decide that because they are Thai they must be before a Thai court

Then all Australians should be sent back to Australia and not face a Thai Court for the same reasons

Isn't it funny we read of a Thai on the run in Cambodia that states he will not face a Thai court as they do not give true justice and her is happy to face an international court and if proved guilty is happy to face the decision now we have the complete opposite

Guess like my Thai Wife

Thais never do any thing wrong

ha ha

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He said extraditing "our own people to other countries shouldn't be done. We must protect our people… They should be tried here under Thai law."

Who protected the man who was stabbed 5 times? Seems "Your own people" committed murder! Being stabbed multiple times would be a capital crime during another illegal action therefore making this a death penalty case. Can Thailand execute one of their own if the crime is committed in a foreign country?

Edited by soundman
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If they want that British fella back for the stabbing of that U.S marine in Pattaya or Phuket or wherever it was then it seems pretty simple that these guys have to go back to Australia, you can't have your cake and eat it can you.(alothugh it seems you can when it comes to being Thai abroad with respect to owning land etc which us lowly whites can't here).

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If the courts decide that because they are Thai they must be before a Thai court

Then all Australians should be sent back to Australia and not face a Thai Court for the same reasons

This you would hope would be the basic principle the court would work on. If i was one of these guys, i would be using the same plea. Racial intolerance , whatever i could to get it heard in Thailand. Even though ,if found guilty, the Thai Jails would be a lot worse than Australian prison, the length of time served would be far less i would imagine. Will be real interesting to see what happens out of this .

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What a pathetic excuse to say "Not get a fair trial because of racism" in Australia, Factually incorrect and their lawyer must be desperate or else he knows something about the Thai judiciary I dont know.. ? Yes Im sure he does, Another reason why NO government from the "developed world" should allow a foriegner to be extradited to Thailand for a "trial"

Edited by KKvampire
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The thing is,that by requesting to be tried in Thailand these two may have shot themselves in the foot.Because IF they are granted a trial in a Thai court and IF they are found guilty and IF they are sent to prison they will find conditions in a Thai prison FAR more uncomfortable than our soft prisons in Australia.

But really, as someone has already said "they are accused of murdering an Australian in Australia,so they should be returned there to stand trial.

Cheers

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He said extraditing "our own people to other countries shouldn't be done. We must protect our people… They should be tried here under Thai law."

Who protected the man who was stabbed 5 times? Seems "Your own people" committed murder! Being stabbed multiple times would be a capital crime during another illegal action therefore making this a death penalty case. Can Thailand execute one of their own if the crime is committed in a foreign country?

They don't want to be sent back because they know they will get what they deserve. If they are tried in Thai court, they won't get but maybe 3 or 4 years a mear slap on the hands compaired to "real" world justice.

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The chances of a fair trial in Australia are better than in Thailand. It is difficult to corrupt an entire jury in Oz. A trial by jury is mandatory in any murder trial in Australia. However, in Thailand, there is no jury system and the tales of corruption in all matters of justice in Thailand are legendary.

It is hard to draw comparissons to the US, but it does appear that justice for the very wealthy in both Thailand and the US (where jury 'shopping' is a legitimate practice) is a different animal than justice for the average bloke on the street.

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He said extraditing "our own people to other countries shouldn't be done. We must protect our people… They should be tried here under Thai law."

Who protected the man who was stabbed 5 times? Seems "Your own people" committed murder! Being stabbed multiple times would be a capital crime during another illegal action therefore making this a death penalty case. Can Thailand execute one of their own if the crime is committed in a foreign country?

They don't want to be sent back because they know they will get what they deserve. If they are tried in Thai court, they won't get but maybe 3 or 4 years a mear slap on the hands compaired to "real" world justice.

Also if the allegations are true that his father has mafia connections he could have a pretty cozy time in Thai jail. Money buys all things in Thai jails. Not true in Australia.

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Thai men fear unfair trial in Australia

Ron Corben

Two Thai nationals charged with murdering Melbourne man Luke Mitchell fear they will get an unfair trial if sent back to Australia, a court has been told.

Sarud Seehaveerachart, 29, and Thatiya Cherdphutham, 36, appeared before the Bangkok Criminal Court for an extradition hearing on Monday.

Australian authorities want to try the pair for the murder of Mr Mitchell, who was bashed and stabbed to death while trying to save another man being assaulted outside a nightclub in Brunswick, northern Melbourne, in May 2009.

The alleged killers fled to Thailand just hours after the stabbing.

Both men have pleaded not guilty, saying they had fought in self defence.

At Monday's hearing, Sarud, who had been studying at a university preparation college in Melbourne, said he feared being sent back to Australia because the trial would be unfair.

He told the court he wanted to stand trial in Thailand.

"My nationality is Thai. If I am found guilty, I'd like to be punished in Thailand," he said.

Sarud and Thatiya appeared in court in regulation orange prison clothes wearing ankle chains for Monday's hearing, which was the last day for witness testimony.

Human rights activist Sophon Tatichotiphan told the hearing the extradition was a breach of the men's rights and that it was unsafe for them to be sent to Australia.

Australian Embassy officials also attended Monday's hearing.

After the proceedings had finished, the men told reporters that a third Thai, who is unnamed and remains at large, was responsible for killing Mr Mitchell.

"We did not kill him. The one who did is away and he is still on the run," Thatiya, said, speaking in English.

"We are very sorry for Luke as well. We didn't know it was going to happen (that way)," he added.

Sarud's mother, Cholika Nonnithikul, from Phuket, told reporters her son had never been in trouble before and she had encouraged her son to study in Australia.

The next hearing date, expected to be the verdict, is scheduled for November 30.

Sarud was arrested in Thailand in September 2010 and Thatiya was detained one month later.

Source: http://news.smh.com....0926-1ktzg.html

-- smh.com.au 2011-09-27

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One might expect they would try every way to get out of the extradition, but far more interesting to see the full transcript of the ruling from the Thai court in Novenber.

As for the 2 men - no point in making generaliations about Thai Justice until we hear the ruling.

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Once again Thailand want things their own way and applying the typical double standards to this case as they do will everything else. I truly hope that justice is done however I am not holding my breath for Thailand to do the right thing.

Just not true... Most countries in the world do not extradite their fellow countrymen to other countries for trials, if the accused does want to have the trial in his homecountry. Most countries for example do not extradite anybody to the US for crimes that could be punished with execution. If I as Swiss would be accused i.e. for drug smuggeling in Thailand and be caught in Switzerland, Swiss courts will never extradite me to Thailand.

For the other side, when caught in a foreign country, whether being Australian or Britisch or Swiss... too bad luck for you guys, cause every country will try you in their own courts for crimes committed in their country and NOT extradite you before the ruling of their own court. Few years later you might be allowed to return for the rest of your jail time...

And finally... for all of you who think Australia is such a nice country... read a bit what Amnesty International thinks about racial discrimination in Australia, read about what Australians do with the native people (Aborigines), read about plans Australia has with refugees (sending them back without hearing them or locking them on an island hundreds of miles from their coast...) and then tell me again that all is good within your country... or read about the border protection policy of your fellow "The Nationals" politicians...

And all this... can be said about Switzerland as well... so before blaming and bashing the Thai, look at your own country...

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Judges said yesterday they would deliver their verdict – to either extradite or release the two men – on November 30.

Release them !!!!!! Thailand must send them back or they put far more off their people abroad at risk.

A third member remains unnamed, I wonder why.

Racism that some what of a joke don't you think we all know only to well who is racist here. Usual story of Thai vs farang.

If we commit a crime in Thailand we pay the price in Thailand same same applies.

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If we commit a crime in Thailand we pay the price in Thailand same same applies.

Yes... but if you commit the crime in Thailand, flee to your home country and get caught there, the chance of being sent back to Thailand is nill... 'cause your lawyer will do the same that the lawyers of these Thai do... claim that you would be treated unfair, that racism exists in Thailand against farang, that you would be punished too hard and that you should be sentenced by your native courts...

So where is the difference???

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“I understand the procedures in the Thai court. I’d like to prove my innocence to a Thai court only.”

Wouldn't they be granted an Australian lawyer who understands the procedures of an Australian court?

Thus they have nothing to worry about in this regard.

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I wonder if he was called a "stupid asian" by his teacher, to differentiate from the other asians attending courses in Australia, and who are generally regarded in awe for their work ethic and achievements.

I must say Mick that I'm becoming bored with agreeing with you. Absolutely spot on.

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Lets call this what it is: A group of people trying to behave beyond the law.

It appears that three spoilt kids who have grown up without concept of consequence were unable to control their emotions when loosing face and took revenge.

Two of the individuals are not connected enough to be protected from an international scandal.

The 3rd individual is from a connected family and has still not been caught (translated: no cop wants to arrest him).

The connected parties are perhaps pressuring officials not to extradite the two individuals through fear that the 3rd individual will be fingered.

If this stays in Thailand it will be a long drawn out process until the case is forgotten about and perhaps some small menial sentence handed out to the offenders. I’m sure they are suspecting that this might be the case and hence the resistance towards extradition.

Officials are stuck in the middle and now following the best course of action for them: No action !

“Doesn’t effect me, must bury head in sand”….

I hope Australia kick off about this. It is about time all people in Thailand are taught to be responsible for their actions.

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Those two scum bags have to face justice in Australia as they killed an Australian citizen in Australia, period.

It doesn't matter what nationality the victim was. If they were believed to have killed a Thai in Australia, they would still have to face trial in Australia. They may be innocent as they claim but I think the Australian prosecutors must believe they have a strong case in order to extradite them for murder. It is unfortunate that Australians have now gained a reputation for racist attacks against Asians that can be exploited by Thai fugitives from justice.

The argument about wanting to be tried in a Thai court is a deliberate red herring, as Thailand has no legislation that gives Thai courts jurisdiction over murder committed overseas. If the court decides not to extradite, then they will simply be released. Their only punishment will be having to avoid travel to Australia or any other country that has an extradition treaty with Australia until the statute of limitation expires. (It would interesting to explain to foreign boss why one couldn't attend a seminar in Australia).

Edited by Arkady
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Once again Thailand want things their own way and applying the typical double standards to this case as they do will everything else. I truly hope that justice is done however I am not holding my breath for Thailand to do the right thing.

Just not true... Most countries in the world do not extradite their fellow countrymen to other countries for trials, if the accused does want to have the trial in his homecountry. Most countries for example do not extradite anybody to the US for crimes that could be punished with execution. If I as Swiss would be accused i.e. for drug smuggeling in Thailand and be caught in Switzerland, Swiss courts will never extradite me to Thailand.

For the other side, when caught in a foreign country, whether being Australian or Britisch or Swiss... too bad luck for you guys, cause every country will try you in their own courts for crimes committed in their country and NOT extradite you before the ruling of their own court. Few years later you might be allowed to return for the rest of your jail time...

And finally... for all of you who think Australia is such a nice country... read a bit what Amnesty International thinks about racial discrimination in Australia, read about what Australians do with the native people (Aborigines), read about plans Australia has with refugees (sending them back without hearing them or locking them on an island hundreds of miles from their coast...) and then tell me again that all is good within your country... or read about the border protection policy of your fellow "The Nationals" politicians...

And all this... can be said about Switzerland as well... so before blaming and bashing the Thai, look at your own country...

Hey mate have a look at Europe now. It's a basket case with ethnic gangs, racial hatred and all manner of social problems due to multi cultural problems. The last time I went out in Bradford when in England I was the only white person there. Australia should have the right to reject illegal immigrants (they are not refugees) and are coming to Australia because they get everything for free at the expense of other people who apply to immigrate through the correct channels.

As far as Aboriginals go the Australian taxpayer has spent hundreds of billions of dollars trying to better the plight of Aboriginals to the point now that they refuse to help themselves or get a job because they are welfare dependant and a very high % are alcohol and drug abusers. That is not white Australians fault so why don't you spend six months in a town like Port Hedland and then make an informed view. You do not have a clue of the situation so don't pretend you do.

The so called Australia Day race riots were caused by years of Arab male immigrants slandering young Australian women and girls at the beaches because they wore AUSTRALIAN bathers (bikini's). Words like we are going to anally rape your slut arse you fuc_king white maggot whore. Well there fathers, brothers and cousins decided enough was enough and gave a few of them a bashing only for the media around the world to label us the racists. 7 out of the 8 high profile bashings of Indian students in Australia were carried out by fellow Indian students.

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What ever country you do the crime is the country you should go on trial and if found guilty i would much rather do the time in an Australian jail (hotel style) than a Thai jail and regardless of race, in Australia they will get a fair trail and if they are innocent thats exactly what the courts will find. But if guilty of course he is a stupid asian or what ever other country one may come from. Every country is racist to some degree and on the whole, as much as i respect Thailand, people and culture, in my experience Thais are far more racist than Australians. All Australians originated as immigrants. But if guilty i feel there family may have an effect of out come in a Thai court.

Thai men fear unfair trial in Australia

Ron Corben

Two Thai nationals charged with murdering Melbourne man Luke Mitchell fear they will get an unfair trial if sent back to Australia, a court has been told.

Sarud Seehaveerachart, 29, and Thatiya Cherdphutham, 36, appeared before the Bangkok Criminal Court for an extradition hearing on Monday.

Australian authorities want to try the pair for the murder of Mr Mitchell, who was bashed and stabbed to death while trying to save another man being assaulted outside a nightclub in Brunswick, northern Melbourne, in May 2009.

The alleged killers fled to Thailand just hours after the stabbing.

Both men have pleaded not guilty, saying they had fought in self defence.

At Monday's hearing, Sarud, who had been studying at a university preparation college in Melbourne, said he feared being sent back to Australia because the trial would be unfair.

He told the court he wanted to stand trial in Thailand.

"My nationality is Thai. If I am found guilty, I'd like to be punished in Thailand," he said.

Sarud and Thatiya appeared in court in regulation orange prison clothes wearing ankle chains for Monday's hearing, which was the last day for witness testimony.

Human rights activist Sophon Tatichotiphan told the hearing the extradition was a breach of the men's rights and that it was unsafe for them to be sent to Australia.

Australian Embassy officials also attended Monday's hearing.

After the proceedings had finished, the men told reporters that a third Thai, who is unnamed and remains at large, was responsible for killing Mr Mitchell.

"We did not kill him. The one who did is away and he is still on the run," Thatiya, said, speaking in English.

"We are very sorry for Luke as well. We didn't know it was going to happen (that way)," he added.

Sarud's mother, Cholika Nonnithikul, from Phuket, told reporters her son had never been in trouble before and she had encouraged her son to study in Australia.

The next hearing date, expected to be the verdict, is scheduled for November 30.

Sarud was arrested in Thailand in September 2010 and Thatiya was detained one month later.

Source: http://news.smh.com....0926-1ktzg.html

-- smh.com.au 2011-09-27

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Once again Thailand want things their own way and applying the typical double standards to this case as they do will everything else. I truly hope that justice is done however I am not holding my breath for Thailand to do the right thing.

Just not true... Most countries in the world do not extradite their fellow countrymen to other countries for trials, if the accused does want to have the trial in his homecountry. Most countries for example do not extradite anybody to the US for crimes that could be punished with execution. If I as Swiss would be accused i.e. for drug smuggeling in Thailand and be caught in Switzerland, Swiss courts will never extradite me to Thailand.

For the other side, when caught in a foreign country, whether being Australian or Britisch or Swiss... too bad luck for you guys, cause every country will try you in their own courts for crimes committed in their country and NOT extradite you before the ruling of their own court. Few years later you might be allowed to return for the rest of your jail time...

And finally... for all of you who think Australia is such a nice country... read a bit what Amnesty International thinks about racial discrimination in Australia, read about what Australians do with the native people (Aborigines), read about plans Australia has with refugees (sending them back without hearing them or locking them on an island hundreds of miles from their coast...) and then tell me again that all is good within your country... or read about the border protection policy of your fellow "The Nationals" politicians...

And all this... can be said about Switzerland as well... so before blaming and bashing the Thai, look at your own country...

It is quite obvious that what you know about oz is from reading and not actually knowing what occurs in the justice system, especially re the aborigines.

You do know they are treated differently to white folks don't you? It is part of the sentencing principles that aboriginal customary law is taken into account on sentencing.

What this means in basic terms is that if an aborigine commits a crime and his peers dish out a bit of local puishment by beating the crap out of him then this must be taken into consideration by the courts when handing down sentence. This is not the same for a white person under the same circumstances.

So yes, oz can be seen as racist, but usually against white, middle class people.

http://www.nt.gov.au/justice/dpp/html/guidelines/aboriginal_customary_law.shtml

It is also obvious you have no idea what you are talking about with regards to refugees. If you come over by plane etc then you are processed in oz. If you come by boat and are picked up offshore by the navy etc then you used to be taken to Christmas Island or Nauru for processing and then, if found to be a genuine refugee you are allowed into the country and provided with many many benefits to assist you. If you are not a genuine refugee you are sent back to where you came from.

Then, the govt decided not to use Nauru, they made a deal with Malaysia to send them 800 refugees for determination and oz would, in turn, take 4000 refugees that were already processed. Aus is so bad that it gives 800 for processing and takes 4000 that have already been processed. However, the High Court has found that as Malaysia is not a signatory to the UN Human Rights it has suspended this deal.

Tell me, why didn't these refugees ask for status in Malaysia or Indonesia whilst on their way to Australia. Also, they pay tens of thousands of dollars for the boat trip, hardly doing it tough economically.

What we are finding now is that more and more are sending children by boat so that they get refugee status and the family follow later.

The whole idea of sending refugees offshore is to stop the boats, not the refugees by plane, only the boats. This is because many have drowned on their way here.

Aus is a signatory to the UN Human Rights and complies with it's obligations so please learn a bit about the subject before you make uneducated comment.

Please tell me what happens with refugees that try to get into other countries? How are they treated?

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Once again Thailand want things their own way and applying the typical double standards to this case as they do will everything else. I truly hope that justice is done however I am not holding my breath for Thailand to do the right thing.

Just not true... Most countries in the world do not extradite their fellow countrymen to other countries for trials, if the accused does want to have the trial in his homecountry. Most countries for example do not extradite anybody to the US for crimes that could be punished with execution. If I as Swiss would be accused i.e. for drug smuggeling in Thailand and be caught in Switzerland, Swiss courts will never extradite me to Thailand.

For the other side, when caught in a foreign country, whether being Australian or Britisch or Swiss... too bad luck for you guys, cause every country will try you in their own courts for crimes committed in their country and NOT extradite you before the ruling of their own court. Few years later you might be allowed to return for the rest of your jail time...

And finally... for all of you who think Australia is such a nice country... read a bit what Amnesty International thinks about racial discrimination in Australia, read about what Australians do with the native people (Aborigines), read about plans Australia has with refugees (sending them back without hearing them or locking them on an island hundreds of miles from their coast...) and then tell me again that all is good within your country... or read about the border protection policy of your fellow "The Nationals" politicians...

And all this... can be said about Switzerland as well... so before blaming and bashing the Thai, look at your own country...

Hey mate have a look at Europe now. It's a basket case with ethnic gangs, racial hatred and all manner of social problems due to multi cultural problems. The last time I went out in Bradford when in England I was the only white person there. Australia should have the right to reject illegal immigrants (they are not refugees) and are coming to Australia because they get everything for free at the expense of other people who apply to immigrate through the correct channels.

As far as Aboriginals go the Australian taxpayer has spent hundreds of billions of dollars trying to better the plight of Aboriginals to the point now that they refuse to help themselves or get a job because they are welfare dependant and a very high % are alcohol and drug abusers. That is not white Australians fault so why don't you spend six months in a town like Port Hedland and then make an informed view. You do not have a clue of the situation so don't pretend you do.

The so called Australia Day race riots were caused by years of Arab male immigrants slandering young Australian women and girls at the beaches because they wore AUSTRALIAN bathers (bikini's). Words like we are going to anally rape your slut arse you fuc_king white maggot whore. Well there fathers, brothers and cousins decided enough was enough and gave a few of them a bashing only for the media around the world to label us the racists. 7 out of the 8 high profile bashings of Indian students in Australia were carried out by fellow Indian students.

Soooo, before I go bashing the Thai (as you say) I have looked at my own country and I totally agree with brandy's comments, but that's only because he is 100% correct. Even the aboriginals in charge of their own people agree. Funny that.

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