Criminal Court Orders Extradition Of Two Thais To Face Murder Trial In Australia

[webfact]

TRANSNATIONAL CRIME

Court extradites two Thais to face murder trial in Australia

The Nation

The suspects to appeal the order

The Criminal Court Wednesday ordered the extradition of two Thai men to face a murder trial in an Australian court.

The court issued an order for the authorities to extradite Sarat Sihaweerachart, 28, and Thatiya Therdphumtham, 26, to Burnswick, Victoria, Australia, within 90 days.

The two are wanted under an arrest warrant issued by an Australian court for allegedly collaborating in the murder of Luke Mitchell in 2009.

The arrest warrant states that the two men and Thepparat Thepsut, who is still on the run, stabbed Mitchell several times on May 24, 2009 at a spot on the Sydney Road in Burnswick. The Australian man died on his way to the hospital.

The Australian government cited the 1916 extradition treaty between Thailand the UK government to ask Thailand to extradite the two suspects.

The Australian government also promised to extradite other suspects to Thailand in return.

Lawyers for the two suspects fought the extradition request, saying Thailand has no extradition treaty with Australia and Australia is not part of the UK so it could not cite the Thai-UK treaty to seek the extradition.

The suspects also raised concern that Australians held racial feelings towards Asians so they might not receive a fair trial in an Australian court.

But the Criminal Court ruled that although Thailand and Australia had no extradition treaty, Australia used to be a part of the UK so the Thai-UK treaty could be applied. The Criminal Court noted that the Australian government also promised to extradite other suspects to Thailand in return so the two countries did not need to have a formal extradition agreement.

The Criminal Court said the Australian court system is reliable and fair so the two Thai suspects should receive a fair trial. The Criminal Court also stated that Australia has no capital punishment.

Sarat said he would appeal against the extradition order.

-- The Nation 2011-11-30

[webfact]

Thai pair can be extradited over killing, court rules

Paul Millar

A Bangkok court has determined today that two Thai nationals, charged with the murder of Melbourne man Luke Mitchell, are eligible to be surrendered to Australian authorities.

A spokeswoman for the the Attorney-General's department said the Bangkok Criminal Court had made the ruling today.

Sarud Seehaverachart, 28, and Thatiya Terdputham 25, have been charged with the stabbing murder of the 29-year-old Sanctuary Lakes chef outside a Brunswick convenience store, close to where he allegedly stepped in to break up a fight outside a nightclub on May 24, 2009.

He died later in hospital.

"It is open to Seehaverachart and Terdputham to lodge an appeal against the Court's determination and as such, it would be inappropriate to comment further, " the Attorney General's spokeswoman said. [more...]

Full story: http://www.theage.com.au/victoria/thai-pair-can-be-extradited-over-killing-court-rules-20111130-1o6lv.html

-- theage.com.au 2011-11-30

[beano2274]

Excellent news, hope it happens soon.

[Steele404]

pftt.... they deserve the stay at the Hiltons

[Buchholz]

Excellent news, hope it happens soon.

Missing in the OP is they will be detained for 30 days during which time they can appeal the extradition, which one of the lawyers said they intend to do.

If they are not extradited within 90 days, they will be released.

.

[anon467367354]

Excellent news, hope it happens soon.

Missing in the OP is they will be detained for 30 days during which time they can appeal the extradition, which one of the lawyers said they intend to do.

If they are not extradited within 90 days, they will be released.

.

what does that mean? does it mean if they turn themselves in 29 days before the extradition date, they get 30 days to appeal, then after the 90 days is up they are free?

[Payboy]

pftt.... they deserve the stay at the Hiltons

At the Hilton, they're most likely treated as heros for wasting a farang in his own country.

[webfact]

Thai men extradited over Melbourne death

Ron Corben

A Thai judge has agreed to an Australian request to extradite two Thai men to Victoria to face charges over the 2009 murder of Australian "good Samaritan" Luke Mitchell.

The criminal court judge delivered his decision on Wednesday and ordered that Sarud Seehaveerachart, 29, and Thatiya Cherdphutham, 36, be extradited to Australia within 90 days. Both men have denied killing Mitchell.

Sarud's mother, Cholika Nonnithikul, said she was considering appealing the decision. An appeal must be lodged within 30 days.

Australian authorities had called for the extradition through applications to the Thai Foreign Ministry and Thailand's Office of the Attorney General.

Prosecutors representing Australian authorities had relied on Thailand's extradition treaty with Britain, given Australia's position as a member of the Commonwealth. Australia does not have an extradition treaty with Thailand.

Mitchell, 29, a chef from Sanctuary Lakes, was stabbed repeatedly after he had earlier intervened to break up a fight outside a Brunswick nightclub on the evening of May 24, 2009.

Sarud, who was studying in Melbourne at the time, and Thatiya allege a third unnamed Thai man was responsible for the knife attack on Mitchell when the group attacked the Australian outside a 7-Eleven store in Sydney Road, Brunswick, after the brawl. [more...]

Full story: http://news.smh.com.au/breaking-news-world/thai-men-extradited-over-melbourne-death-20111130-1o6sq.html

-- news.smh.com.au 2011-11-30

[skorchio]

I am sure if they disappear, they will not be extradited. Aus officials will be banging their heads against a wall .....

[haveaniceday]

These mungrals are cold blooded killers caught on camera, Qantas owned Jetstar are also to blame for not landing in Darwin and let the plane overfly it to Thailand, when they knew they were on board.

If they are let free due to Thai corruption, not much can really be done.

[blackout]

keep in mind, thailand "has" extradition treaties or agreements with the UK. but "not" with Australia.

from the thai's news. thai court agree on extradite the 2 men because thailand see Australia was under the UK ... on and on, which i don't think it is much of a reason than thailand want to kiss the Aussie butt.

Edited November 30, 2011 by blackout

[bapak]

Have been in custody? If so, they will remain in custody until extradited.

[Buchholz]

Excellent news, hope it happens soon.

Missing in the OP is they will be detained for 30 days during which time they can appeal the extradition, which one of the lawyers said they intend to do.

If they are not extradited within 90 days, they will be released.

.

what does that mean? does it mean if they turn themselves in 29 days before the extradition date, they get 30 days to appeal, then after the 90 days is up they are free?

From what I gather about the other paper's reporting on this:

They have been ordered into detention now for 30 days.

Within that 30 days, they can file an appeal to the extradition order.

The 30 day confinement order can be extended up to 90 days.

If they are still in detention after 90 days, they will be released.

.

Edited November 30, 2011 by Buchholz

[Reasonableman]

...her son was worried about getting a fair trial in an Australian court.

"If they go back to Australia, they may not have a fair trial," she told AAP.

In an earlier hearing, Sarud had pleaded for the case to be tried in Thailand and expressed remorse over Mitchell's death.

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

The likelihood of a fair trial is much higher in Australia, and it seems that's exactly what they would like to avoid.

[atyclb]

Given the current bleak tourism outlook I would imagine cooperating with other governments in such matter is not a bad idea.

[monty1412]

keep in mind, thailand "has" extradition treaties or agreements with the UK. but "not" with Australia.

from the thai's news. thai court agree on extradite the 2 men because thailand see Australia was under the UK ... on and on, which i don't think it is much of a reason than thailand want to kiss the Aussie butt.

Maybe reading too much between the lines here but no doubt if Thailand had refused the request the australian media would have been all over it " Thailand harbors Aussie killers/ Thailand is Safe Haven for Aussie Slayers "etc etc. Bad press at a time when Thailand is desperate to avoid it. The allowance of this on the basis that Australia used to be under UK and hence the treaty is still valid has some interesting legal precedents.... does this then mean that other laws /rights applicable to UK citizens will also be applicable to Australian citizens in Thailand..... if so what is the ruling law for Australians in Thailand or indeed Thai people in Australia.. is it UK law or is it Australian law.

While i don't want to see killers run free Im also very wary of these arrangements as they tend to have a knock on effect in other areas. If Thailand has an extradition treaty with Australia ( a sovereign nation in its own right) then fine extradition should take place. However if it has NOT as it would seem to be then there is no legal basis for this extradition to be enacted.

Of course similarities in UK and Australian laws and statues will prevent any major loopholes being exploited but one wonders what legal precedent and what other areas of manipulation by either government or individual will arise from this.

[Payboy]

...her son was worried about getting a fair trial in an Australian court.

"If they go back to Australia, they may not have a fair trial," she told AAP.

In an earlier hearing, Sarud had pleaded for the case to be tried in Thailand and expressed remorse over Mitchell's death.

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

The likelihood of a fair trial is much higher in Australia, and it seems that's exactly what they would like to avoid.

Guess mummy was referring to fair trial Thai style.

[Card]

Australia was never part of the UK. Ruled, controlled, governed, initiated, colonised, used, discovered, mapped, and just about everything else by Britain, but never absorbed by it.

[bridge2bridge]

And we will have to feed them for so many years, let them stay in Thailand and hopefully end up in the gutter where they belong.

[moonbarman]

keep in mind, thailand "has" extradition treaties or agreements with the UK. but "not" with Australia.

from the thai's news. thai court agree on extradite the 2 men because thailand see Australia was under the UK ... on and on, which i don't think it is much of a reason than thailand want to kiss the Aussie butt.

Maybe reading too much between the lines here but no doubt if Thailand had refused the request the australian media would have been all over it " Thailand harbors Aussie killers/ Thailand is Safe Haven for Aussie Slayers "etc etc. Bad press at a time when Thailand is desperate to avoid it. The allowance of this on the basis that Australia used to be under UK and hence the treaty is still valid has some interesting legal precedents.... does this then mean that other laws /rights applicable to UK citizens will also be applicable to Australian citizens in Thailand..... if so what is the ruling law for Australians in Thailand or indeed Thai people in Australia.. is it UK law or is it Australian law.

While i don't want to see killers run free Im also very wary of these arrangements as they tend to have a knock on effect in other areas. If Thailand has an extradition treaty with Australia ( a sovereign nation in its own right) then fine extradition should take place. However if it has NOT as it would seem to be then there is no legal basis for this extradition to be enacted.

Of course similarities in UK and Australian laws and statues will prevent any major loopholes being exploited but one wonders what legal precedent and what other areas of manipulation by either government or individual will arise from this.

Australia is a member of the british commonwealth ( as are many other countries around the world)and nothing to do with being in the uk.

[softgeorge]

"The court issued an order for the authorities to extradite Sarat Sihaweerachart, 28, and Thatiya Therdphumtham, 26, to Burnswick, Victoria, Australia, within 90 days."

Now the reporter has really got this one totally wrong. <deleted> are they going to do with them in Brunswick? You can't hold prisoners at the Brunswick Police Station as it is not a class "A" Pentridge Prison in Brunswick closed decades ago. The Remand Centre is in the Melbourne CBD. It should have been reported extradited to Melbourne.

Apart from that these guys won't have much to worry about, probably 7 years with a minimum of 4. An Australian prison is like the presidential suite compared to a Thai prison. They even cater for your particular style of food, internet, can complete a university degree if you wish, television in the cells and the won't be tortured by 24/7 thai soaps and comedies with canned laughter either. They will be well looked after.

[OZEMADE]

Every Dog has its day. The only trouble with them being convicted in OZ, they live a life of luxury in the big house. The Sydney one oddly enough is also called the Long Bay Hilton. But as they will be tried in Victoria, they will do time there. Their prisons would be no different toN.S.W.

Edited November 30, 2011 by metisdead
Font reset to default forum font.

[timewilltell]

You don't HAVE to have an extradition treaty for the government to agree to have you extradited do you?

[Briggsy]

The most interesting part of this story is the third accused man. He apparently comes from an influential family. Rather surprisingly, , the police have been unable to locate or apprehend him and he has remained at large. There is, thus, no extradition order against him.

[softgeorge]

The whole sad incident should not have happened. These two should of had thier visa's cancelled months before the tragic death and they should have been deported after appearing in court on other serious assault charges. soft Australian judicial system set them free on the streets of Melbourne.

Thier police mugshots are on the public domain in the interpol website.

Edited November 30, 2011 by softgeorge

[webfact]

Thai Murder Suspects to Be Extradited to Australia

Two Thai men charged with stabbing to death an Australian man, Luke Mitchell, will be extradited to Australia in 90 days.

The Criminal Court today ordered two men accused of murdering a man in Australia to be extradited to Australia in 90 days.

The two men, 28-year-old Sarut Seehaverachart and 25-year-old Thatiya Terdputham have been charged with killing 29-year-old Sanctuary Lakes chef Luke Mitchell outside a Brunswick convenience store in Melbourne on May 24, 2009.

The men have been fighting extradition, claiming they would not receive a fair trial in Australia.

The judge in charge of the case said the suspects were charged with a crime in Australia and would need to return to the country to face charges.

The Australian media reported that a third man is wanted in connection with the murder and is believed to still be on the run in Thailand.

-- Tan Network 2011-11-30

[chooka]

The most interesting part of this story is the third accused man. He apparently comes from an influential family. Rather surprisingly, , the police have been unable to locate or apprehend him and he has remained at large. There is, thus, no extradition order against him.

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 military officer.

Herald Sun Melbourne.

Edited November 30, 2011 by chooka

[chooka]

Mr Seehaverchart told a Bangkok court yesterday he was happy to stand trial in Thailand but did not want to be returned to Australia, because he had been called a "stupid Asian" and had heard reports of many racist attacks.

"Asians have to stay low profile to avoid being bullied in Australia," he told judges in Ratchada Criminal Court.

I love that. Someone called him a name so he doesn't want to stand trial in Australia. Sure am glad that Thai's don't call farangs stupid or other names and don't bully or stand over tourists.

Anyone who has walked around the Melbourne area will agree that it is like trying to spot the Aussie (Anglo) You will see a lot more asians.

[dick90]

Australia was never part of the UK. Ruled, controlled, governed, initiated, colonised, used, discovered, mapped, and just about everything else by Britain, but never absorbed by it.

Historically the system of Law in Australia is dependent for its legal validity on a series of British Statutes including the COMMONWEALTH of Australia Constitutional Act 1900.The authority of the U.K. Parliament to enact those statutes depended on the acquisition of the Australian Continent as a territorial possesion of the British Crown.

Perhaps the Thai Judges were right in this case.Australia is still a part of the British Commonwealth and now being run by a Welsh woman.

[pacovl46]

pftt.... they deserve the stay at the Hiltons

At the Hilton, they're most likely treated as heros for wasting a farang in his own country.

It's still far worse to be jailed in Thailand than in Australia. America for example multiplies every year a U.S citizen has spend in a Thai jail by 6 because of the hard circumstances. In other words, if an American gets 30 years in Thailand and serves 5 of them and is then deported to the states to serve the rest there he will be set free immediately on arrival.