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


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Posted

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.

...

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

....

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

As my last sentence - which seemed to be overlooked - cleary states, Switzerland is none better than Australia... having a very right wing party called SVP which is (much too) close to the brown soup and having almost 30% of the popular votes in the latest elections and trying to close down the border for EVERY foreigner, trying to cancel the Schengen contracts, trying to cancel all contracts we have with the EU etc...

I did'nt intend to to Oz bashing in particular but just showing that before you guys put all the blame on Thais and their "double standards", you should at least admit that some standards (i.e. no extradition of your nationals to other countries) also exist on your own turf and that xenophobia is not a Thai invention...

Posted

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).

There is no statute of limitation on Murder in Australia

Sooner or later we all make the little flowers grow

Posted

“Asians have to stay low profile to avoid being bullied in Australia,"?

not me. I am asian and have no problems in or with Australia(n)s.

Maybe you pencil necks have to learn more manners,common sense and etiquette before attempting to

travel abroad.

Posted

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

Actually, I would say, the Thai courts should only be allowed to prosecute Thai citizens.

Posted (edited)

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

Guilty until proven innocent.

Edited by thaiphoon
Quote repaired
Posted (edited)

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.

...

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

....

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

As my last sentence - which seemed to be overlooked - cleary states, Switzerland is none better than Australia... having a very right wing party called SVP which is (much too) close to the brown soup and having almost 30% of the popular votes in the latest elections and trying to close down the border for EVERY foreigner, trying to cancel the Schengen contracts, trying to cancel all contracts we have with the EU etc...

I did'nt intend to to Oz bashing in particular but just showing that before you guys put all the blame on Thais and their "double standards", you should at least admit that some standards (i.e. no extradition of your nationals to other countries) also exist on your own turf and that xenophobia is not a Thai invention...

I was not suggesting oz was better than your country, I was asking what other countries do with refugees. I don't think oz treats them badly. Oz may not have an extradition of our nationals to other countries but that doesn't stop us extraditing them. I think you'll find some Nazi's with citizenship in a number of countries have still been sent overseas for trial. I think, but not sure, our govt takes into consideration the serverity of the crime and the issue of a fair trial etc when deciding to send them off.

Obviously that is what is happening in Thailand because if they didn't send their nationals off for trial overseas then there would not be a need for a court hearing to argue against being sent to oz would there?

Not sure why you say Swiss are no better than oz about border controls, we take in quite a lot of refugees, however, it is the boats we want stoped because it is human trafficking and danger of drowing, which has happened, that we want stopped. That is a different issue to taking in refugees.

Just in case no one has noticed but we are begging for skilled overseas workers to come here, we don't have enough to keep up with the mining boom. For some reason the companies don't want to train locals.

Of course I doubt very much we'll do it the US way by extraordinary rendition and a touch of torture thrown in on the way.

Edited by Wallaby
Posted

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.

...

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

....

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

As my last sentence - which seemed to be overlooked - cleary states, Switzerland is none better than Australia... having a very right wing party called SVP which is (much too) close to the brown soup and having almost 30% of the popular votes in the latest elections and trying to close down the border for EVERY foreigner, trying to cancel the Schengen contracts, trying to cancel all contracts we have with the EU etc...

I did'nt intend to to Oz bashing in particular but just showing that before you guys put all the blame on Thais and their "double standards", you should at least admit that some standards (i.e. no extradition of your nationals to other countries) also exist on your own turf and that xenophobia is not a Thai invention...

Australia will extradite it's nationals to other countries as long as the death penalty is not applicable. We also prosecute our citizens for certain crimes (such as paedophilia) committed in countries where the legal system may fail to do so for various reasons.

Posted

Australia has very strict laws to protect people - even boat people have the best legal representation. So you guys are guaranteed legal reps and the best care.

so good luck boys with your thinking you wont get a fair trial and that OZ is a racist country - I suppose we can call this Thai excuse number 73 for breaking the law.

After your fair trial and if youre convicted then its off the the play house where you get to play some of the other inmates favourite games like, hide the sausage or pass the donut around.

Oh by the way saying sorry doesnt get you a 50% reduction in OZ legal system.

Posted (edited)

@ jpp2bkk

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

WOW !!

Sounds like you have already found them guilty. So you are Judge, jury and executioner?

You and others with the same lynch mob view, should take a look at the conviction of Lindy Chaberlain case for the alleged 'murder' of her daughter.

Your words alone are argument enough to not send the accused Thai men back to Australia.

I grew up in Australia and have lived there for 40 years, both in the city of Melbourne, the suburbs, including Brunswick, .. with time in central Victoria and a stint in the Outback and Darwin. I've worked on farms, and as a teacher in Australian schools, and with an art gallery in Melbourne for ten years, becoming well acquainted with a range of professional clients, including several lawyers and a judge or two. Add to that a time working for Correctional Services, which involved plenty of time in court rooms. I think I have a pretty good view of the spectrum of attitudes throughout the country.

The chances of electing a jury of 12 intelligent, fair minded people, completely free of anti-Asian racism are at best, slim.

Edited by TechnikaIII
Posted

Interesting......??? I have just read the paper reports here in Melbourne where they murdered the guy for "breaking up a fight!"

As Thailand is not on board with any international conventions such as Hague etc... I am afraid these guys will get away with MURDER!

Oh well Thailand...land of fugitives, Thais and foreign..!!!!

jap.gif

Posted

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...omary_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?

I'm grateful that a few people have defended Australia with the facts rather than the emotion.

Seems that if you are white, male and heterosexual you have to apologize to everyone for everything.

Posted

Seems that if you are white, male and heterosexual you have to apologize to everyone for everything.

Well... you SHOULD appologize for being heterosexual... you are discriminting the whole gay world... you deny them the chance to sleep with you ;-)

But... reading through this forum, I can't help but think that most farang here believe that all Thais should appologize for being lazy, corrupt and racist... of course only if they are not Democrats :whistling:

Posted

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).

Posted

MMMMMMMMMMM.........like most developed countries I believe....there is NO Statute of Limitation in respect to the Charge of Murder!

As for everything else you have staed.....I fully support and believe.

Posted

@ jpp2bkk

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

WOW !!

Sounds like you have already found them guilty. So you are Judge, jury and executioner?

You and others with the same lynch mob view, should take a look at the conviction of Lindy Chaberlain case for the alleged 'murder' of her daughter.

Your words alone are argument enough to not send the accused Thai men back to Australia.

I grew up in Australia and have lived there for 40 years, both in the city of Melbourne, the suburbs, including Brunswick, .. with time in central Victoria and a stint in the Outback and Darwin. I've worked on farms, and as a teacher in Australian schools, and with an art gallery in Melbourne for ten years, becoming well acquainted with a range of professional clients, including several lawyers and a judge or two. Add to that a time working for Correctional Services, which involved plenty of time in court rooms. I think I have a pretty good view of the spectrum of attitudes throughout the country.

The chances of electing a jury of 12 intelligent, fair minded people, completely free of anti-Asian racism are at best, slim.

Oz doesn't do much electing in empanelling a jury. You get say 50 people lined up in the back of the court. One by one they walk up to the bailiff for swearing in. All the lawyers know is name and what they do for work. So it's pretty much pot luck and electing 12 intelligent, fair minded people, free of anti anything in any country are not easy to find. Juries also look at how people are dressed, how they talk, how they answer questions etc etc and a persons ethnicity is surely all part of that.

However, on the flip side what is to stop any juror being PRO asian and therefore holding out for a not guilty. Don't forget oz has a majority verdict, all 12 must agree one way or the other othewise it's a hung jury and off we go again. It goes both ways.

It isn't perfect and it isn't easy to to get a verdict either way. The system certainly reduces the chances of someone not guilty being found guilty. But I much prefer the system in oz and the uk as opposed to any other process.

As for the Chamberlains, well that sort of thing is a rarity in that it gained enormous emotion due to the media having their 2 cents worth and that no body was ever found. I despise the fact that media report with far too much speculation and bias in such matters. On the whole, I think it is good that defence and prosecution rarely talk to the media in criminal matters. The court of public opinion as expressed in the media is a pain in the ass.

I don't think it is a matter of getting the Thais back to spend time in gaol, but to get them back to face the music. The jury can decide the guilt or innocence. I would much rather they did that than be sitting back in a bar having a grand old time knowing they cannot at least face justice.

Posted

Kind of ironic how many of my fellow aussies are calling these thais derogatory names and basically already making them out as guilty.

What happened to presumption of innocence?

Not saying they are, but that is what our legal system is based on till proven guilty. After all i highly doubt all 3 if any will be found guilty of murder unless they all shared the knife around.

Dont forget fellas we had the White Australia Policy till the early 70's. Dont be like the Thais and ignore history.

Posted

Kind of ironic how many of my fellow aussies are calling these thais derogatory names and basically already making them out as guilty.

What happened to presumption of innocence?

Not saying they are, but that is what our legal system is based on till proven guilty. After all i highly doubt all 3 if any will be found guilty of murder unless they all shared the knife around.

Dont forget fellas we had the White Australia Policy till the early 70's. Dont be like the Thais and ignore history.

I agree with what you say except for the bit about all three not being found guilty. You don't have to actually hold the knife to be found guilty of murder. The case below indicates 5 men charged with murder even though it is obvious not all of them shot him.

http://www.dailytelegraph.com.au/news/sydney-nsw/five-for-trial-over-bob-knight-murder/story-e6freuzi-1226063841636

Posted

I am confused somewhat, I would have thought an Aussie jail would be heaven over a Bangkok Jail. Costs A$60,000 to feed, house each prisoner in Australia per year, free food, TV, nice bed, clean clothes and these guys prefer to go to Bangkok Jail with cockroaches and sleep on concrete floors? :blink: And lets not forget the free one-way ticket to Australia, Qantas maybe?

That's if found guilty, but I seem to get the feeling they know what they have done and figure if they own up they can just stay in Thailand and get off with a slap on the wrist. Yeh right sure!

The problem in Thailand is people not knowing rules and laws as they see corruption everywhere but a 200 baht fine won't fix this situation.

Don't be like a Thaksin people. Unless your a red shirt then you can do anything you like, no rules. :ph34r:

If not guilty, why did they run back home?

Posted

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"

Out of curiosity, would you want to be tried in Thailand for murder of a Thai man? Or would you prefer to be tried back home?

Do you think you would get a fair trial in Thailand, as a farang accused of murdering a Thai? I think the concern about not getting a fair trial in a foreign country is a valid one.

That said, extradition should proceed in my opinion, because Australia is where the evidences are, and while they are innocent until proven guilty, proving them guilty should be given a fair chance. What kind of investigation could be done in Thailand for a murder in Australia? And the victim's family shouldn't be forced to fly to Thailand to seek justice for a crime committed in Australia

Posted

Oz doesn't do much electing in empanelling a jury. You get say 50 people lined up in the back of the court. One by one they walk up to the bailiff for swearing in. All the lawyers know is name and what they do for work. So it's pretty much pot luck and electing 12 intelligent, fair minded people, free of anti anything in any country are not easy to find. Juries also look at how people are dressed, how they talk, how they answer questions etc etc and a persons ethnicity is surely all part of that.

However, on the flip side what is to stop any juror being PRO asian and therefore holding out for a not guilty. Don't forget oz has a majority verdict, all 12 must agree one way or the other othewise it's a hung jury and off we go again. It goes both ways.

It isn't perfect and it isn't easy to to get a verdict either way. The system certainly reduces the chances of someone not guilty being found guilty. But I much prefer the system in oz and the uk as opposed to any other process.

Since January 2011, all Swiss jury courts have been dissolved. Main issue was that the probability of bias in a jury could never be resolved. Now, all trials have to go to a court of professional judges.

Posted

It's irrelevant because everyone just speculates what the courts will do but if this mafia son that's still free to influence the courts through his father, who knows.

At the end of the day, these scumbags will be stuck in 3rd world Asia for eternity as arrest warrants through interpol won't go away and will be arrested once they land in a country with a functioning democracy.

Posted

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.

Oh yeah ... Australia should declare war on Thailand... That should sort em right...

Posted

As an Australian , i find it highly offensive and distinctly repulsive that a Thai Court might even consider not allowing the extradition of these suspected murderers . They have agreements with Australia and other countries to respect each others laws and rights .It is time for Thailand to grow up and to take part in the real world .

I for one am seriously against allowing them to enter Australia or any other country and have citizenship , land ownership , businesses or any of the other things they deny foreigners in Thailand ..The discrimination in Thailand against non Thais is outrageous and to think they believe it is ok to murder foreigners overseas as they do here in Thailand and expect to be allowed to get away with it is BULLSHIT .

THE AUSTRALIAN , BRITISH , AMERICAN EUROPEAN AND ALL OTHER CONCERNED CUNTRIES NEED TO EXPLAIN TO THAILAND WHAT HUMAN RIGHTS AND EQUAL RIGHTS IS ALL ABOUT .

AND YES PERHAPS HE WAS CALLED A STUPID ASIAN BECAUSE HE BEHAVED BADLY IN ANOTHER COUNTRY AND SHOWED A COMPLETE DISREGARD AND LACK OF ACCEPTANCE OF OTHER PEOPLES RIGHTS AND WAY OF LIFE .

Posted

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"

Out of curiosity, would you want to be tried in Thailand for murder of a Thai man? Or would you prefer to be tried back home?

Do you think you would get a fair trial in Thailand, as a farang accused of murdering a Thai? I think the concern about not getting a fair trial in a foreign country is a valid one.

That said, extradition should proceed in my opinion, because Australia is where the evidences are, and while they are innocent until proven guilty, proving them guilty should be given a fair chance. What kind of investigation could be done in Thailand for a murder in Australia? And the victim's family shouldn't be forced to fly to Thailand to seek justice for a crime committed in Australia

I dont disagree with you or the points you make however we are a very hypocritical mob.

Remember Schapelle Corby and the cries of 'bring her back" , 'she's not getting a fair trial', blah, blah blah. This was for a drug trafficker.

then remember the aussie boy sentenced to death in singapore IIRC because of drug trafficking? Asian australian boy FWIW. Quite sad i dont even recall his name dont you think?

Anything to do with aussie perception of one being more 'aussie' than the other?

Anyone claiming there isnt sufficient grounds to claim 'racism' in Australia is either ignorant or has their head buried in the sand.

Posted

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"

Out of curiosity, would you want to be tried in Thailand for murder of a Thai man? Or would you prefer to be tried back home?

Do you think you would get a fair trial in Thailand, as a farang accused of murdering a Thai? I think the concern about not getting a fair trial in a foreign country is a valid one.

That said, extradition should proceed in my opinion, because Australia is where the evidences are, and while they are innocent until proven guilty, proving them guilty should be given a fair chance. What kind of investigation could be done in Thailand for a murder in Australia? And the victim's family shouldn't be forced to fly to Thailand to seek justice for a crime committed in Australia

PERSONAL OPINION IS THAT A THAI HAS A FAR GREATER CHANCE OF A PROPER TRIAL AND A FAIR OUTCOME WITH LITTLE OR NO BIAS IN AUSTRALIA , AS WE HAVE SO MANY ANTI DISCRIMINATION LAWS THAT ITS ALMOST IMPOSSIBLE FOR AN AUSSIE TO GET A FAIR GO .

On the same note an Aussie is murdered in Thailand , it is automatically an accidental death with scant regard for any sort of an ethical investigation .

So again personal opinion as an Aussie , if your going to commit a crime and your a foreigner in Australia , chances are nearly 100% that you will get better treatment than in your own country and a fairer trial than Australians themselves .

Posted (edited)

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...[/color]

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...

The first half of your post are points well made and you should be applauded for your rationale.

The second half just highlights that "people" who know nothing of situations should not bother commenting it is a waste of your time and coincidently ours too.

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

Edited by mijan24

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