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

[Jimjim]

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

Exactly what I was thinking.

[marc11864]

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.

Stop it! I get so tired of the way Thais are bashed for their dislike of "farangs". Is there some xenophobia? Of course. But only as much as you will find in most any other country. I've gained some wonderful friendships there and found they are respectful and courteous more often than not. If you want to act like a foreigner then you'll be treated like one.

Edited December 1, 2011 by marc11864

[newermonkey]

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

Wow, really? the Melbourne Hilton is that? I don't mind staying there either!

Edited December 1, 2011 by newermonkey

[hehehoho]

Whilst I would like to see them face a fair trial I find the arguments that this is a valid extradition less than convincing.

Still in a nation where someone can be sentenced to 20 years for sending insulting text messages (Nov 23, you'll have to Google it as you won't read it on here)I guess I shouldn't be surprised by any decision of a Thai court.

The 61 year old grandparent sentenced to 20 years for sending an SMS message?

You won't read that on here???

Why not?

[Payboy]

Absolutely disgusting and uncalled for. Your member icon should be modified to "Sclerotic Dirty Old Man."

Stop it! I get so tired of the way Thais are bashed for their dislike of "farangs". Is there some xenophobia? Of course. But only as much as you will find in most any other country. I've gained some wonderful friendships there and found they are respectful and courteous more often than not. If you want to act like a foreigner then you'll be treated like one.

Keep on drinking the Kool Aid guys.

[sawadeeken]

When you're suspected in any murder, rape, and a few other types of crimes -- There should not be a safe place to hide, anywhere. So I think extradition should be carried our anytime there is sufficient evidence. I'm not sure about Australia, but I presume that the are presumed innocent until proven guilty, and therefore they are probably better off there than where they are now...............

[chooka]

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.

In the United Kingdom, the sovereign was deemed the fount of justice. However, he or she does not personally rule in judicial cases, meaning that judicial functions are normally performed only in the monarch's name. Criminal offences are legally deemed to be offences against the sovereign and proceedings for indictable offences are brought in the sovereign's name in the form of The QUEEN V's Defendant Or The Crown V's Defendant.

The present monarch is Elizabeth II, styled Queen of Australia, who has reigned since 6 February 1952. She is represented in Australia by the Govenor General, in accordance with the Australian Constitution and Letters Patent from the Queen In each of the states the monarch is represented by a govenor, appointed directly by the Queen on the advice of each of her respective state governments.

The Australian courts are Her Majesty's Courts. The Chief Justice and Attorney General are sworn in by her Majesty via the Governor General (Federal) and Govenors (State) her representatives.

As in the U.K, Criminal offences in Australia are legally deemed to be offences against the sovereign and proceedings for indictable offences are brought in the sovereign's name in the form of The QUEEN V's Defendant Or The Crown V's Defendant.

The extradition treaty between the U.K and Thailand is in the name of the Crown, allowing "The Crown" to apply for and extradite any person who committs an offence against the Sovereign. In relation to this particular incident the applications would have been filled as the CROWN V Sarud SEEHAVERACHART and the CROWN V Thatiya TERDPHUMTHAM.

If anyone has taken the time to notice, you will see that all police officers in Australia wear the crown on thier isignia and in thier idetification cards (Freddies) authorizing to enforce the laws of the land and the CROWN.

The lawyers for the accused are correct in saying that Australia does not have a formal extradition treaty with Thailand, however the CROWN does. The court is correct in stating that the U.K treaty can be applied under the CROWN.

So this is not about Thailand wanting to kiss some Aussie butt as you say. It is following the treaty between Thailand and the Crown.

[arthurwait]

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.

So what your saying is you would rather go under trial in Thailand than back in your country of Australia.

Thais dont usually call a farang stupid unless they do something stupid. Some Caucasions on the other hand just do it for fun and in the words of a Brit - Taking a piss at someone...lovely people.

Gooenteen.

[softgeorge]

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.

In the United Kingdom, the sovereign was deemed the fount of justice. However, he or she does not personally rule in judicial cases, meaning that judicial functions are normally performed only in the monarch's name. Criminal offences are legally deemed to be offences against the sovereign and proceedings for indictable offences are brought in the sovereign's name in the form of The QUEEN V's Defendant Or The Crown V's Defendant.

The present monarch is Elizabeth II, styled Queen of Australia, who has reigned since 6 February 1952. She is represented in Australia by the Govenor General, in accordance with the Australian Constitution and Letters Patent from the Queen In each of the states the monarch is represented by a govenor, appointed directly by the Queen on the advice of each of her respective state governments.

The Australian courts are Her Majesty's Courts. The Chief Justice and Attorney General are sworn in by her Majesty via the Governor General (Federal) and Govenors (State) her representatives.

As in the U.K, Criminal offences in Australia are legally deemed to be offences against the sovereign and proceedings for indictable offences are brought in the sovereign's name in the form of The QUEEN V's Defendant Or The Crown V's Defendant.

The extradition treaty between the U.K and Thailand is in the name of the Crown, allowing "The Crown" to apply for and extradite any person who committs an offence against the Sovereign. In relation to this particular incident the applications would have been filled as the CROWN V Sarud SEEHAVERACHART and the CROWN V Thatiya TERDPHUMTHAM.

If anyone has taken the time to notice, you will see that all police officers in Australia wear the crown on thier isignia and in thier idetification cards (Freddies) authorizing to enforce the laws of the land and the CROWN.

The lawyers for the accused are correct in saying that Australia does not have a formal extradition treaty with Thailand, however the CROWN does. The court is correct in stating that the U.K treaty can be applied under the CROWN.

So this is not about Thailand wanting to kiss some Aussie butt as you say. It is following the treaty between Thailand and the Crown.

Very true and good argument. I am sure that this was used in the proceedings.

[KKK]

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.

In the United Kingdom, the sovereign was deemed the fount of justice. However, he or she does not personally rule in judicial cases, meaning that judicial functions are normally performed only in the monarch's name. Criminal offences are legally deemed to be offences against the sovereign and proceedings for indictable offences are brought in the sovereign's name in the form of The QUEEN V's Defendant Or The Crown V's Defendant.

The present monarch is Elizabeth II, styled Queen of Australia, who has reigned since 6 February 1952. She is represented in Australia by the Govenor General, in accordance with the Australian Constitution and Letters Patent from the Queen In each of the states the monarch is represented by a govenor, appointed directly by the Queen on the advice of each of her respective state governments.

The Australian courts are Her Majesty's Courts. The Chief Justice and Attorney General are sworn in by her Majesty via the Governor General (Federal) and Govenors (State) her representatives.

As in the U.K, Criminal offences in Australia are legally deemed to be offences against the sovereign and proceedings for indictable offences are brought in the sovereign's name in the form of The QUEEN V's Defendant Or The Crown V's Defendant.

The extradition treaty between the U.K and Thailand is in the name of the Crown, allowing "The Crown" to apply for and extradite any person who committs an offence against the Sovereign. In relation to this particular incident the applications would have been filled as the CROWN V Sarud SEEHAVERACHART and the CROWN V Thatiya TERDPHUMTHAM.

If anyone has taken the time to notice, you will see that all police officers in Australia wear the crown on thier isignia and in thier idetification cards (Freddies) authorizing to enforce the laws of the land and the CROWN.

The lawyers for the accused are correct in saying that Australia does not have a formal extradition treaty with Thailand, however the CROWN does. The court is correct in stating that the U.K treaty can be applied under the CROWN.

So this is not about Thailand wanting to kiss some Aussie butt as you say. It is following the treaty between Thailand and the Crown.

Very true and good argument. I am sure that this was used in the proceedings.

Personally I think it is more about

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.

they are swapping some criminals. But it is good to see Thailand "doing the right thing" whatever the reason.....congratulations to the judges in this matter they have shown good judgement.....

[KKvampire]

I have seen Thai's fighting, a male beating the shit out of a female in some domestic dispute, Am I wrong to turn a blind eye? No I am not and anyone else who does nothing is in the right, We are not in a country where there is "justice" as we know it in the west. The consequences of getting involved in any violent act here are numerous. Sad thing for Luke is that he was in his own country , and what a diabolical cock- up allowing the killers to get on 2 planes and escape back to lawless Thailand.

Edited December 1, 2011 by KKvampire

[Oberkommando]

I won't start celebrating and patting Thailand on the back until the ringleader; the third alleged murderer and apparently well connected Thai is arrested and sent on a plane to Australia to face justice.

Does anyone have his name or a photo of him so that we can assist the Thai Police in locating and arresting him?

[roamer]

Whilst I would like to see them face a fair trial I find the arguments that this is a valid extradition less than convincing.

Still in a nation where someone can be sentenced to 20 years for sending insulting text messages (Nov 23, you'll have to Google it as you won't read it on here)I guess I shouldn't be surprised by any decision of a Thai court.

The 61 year old grandparent sentenced to 20 years for sending an SMS message?

You won't read that on here???

Why not?

OK. To be more precise you can't talk about the decision on here. Blink and you would have missed the locked topic.

http://www.thaivisa.com/forum/topic/514320-20-years-jail-for-thai-anti-royal-texts/

[KKK]

I won't start celebrating and patting Thailand on the back until the ringleader; the third alleged murderer and apparently well connected Thai is arrested and sent on a plane to Australia to face justice.

Does anyone have his name or a photo of him so that we can assist the Thai Police in locating and arresting him?

Thailand is taking baby steps....one thing at a time....it is a good start.....let's hope it only gets better....I most certainly pat them on the back, encouraging them to do more of the same

[Tanaka]

...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.

"we didnt know it was going to happen that way" Right, they did not think he could die when they stabbed him several times. After all they see on thai soaps that people get shot and stabbed and they just get up.

[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.

Just curious but how do you know about this. I mean the prior charges ?

It's quite common knowledge in the police, serious assaults and drugs.

[softgeorge]

...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.

"we didnt know it was going to happen that way" Right, they did not think he could die when they stabbed him several times. After all they see on thai soaps that people get shot and stabbed and they just get up.

and they didn't know the sister in law was going to receive knife wounds either for interfering in the murder... They went away, (2 0f them) got some backup, armed themselves then came back looking for him. They knew exactly what thier intentions were. Pinning a guy on the ground and plunging a knife into his chest 5 times, what did they think they were doing, trying just to scare him?Maybe they thought it was going to happen the thai way and he fell on the knife 5 times. Melbourne is not Pattaya boys sorry and he was not the farang in his own country, that title belonged to you guys..

Edited December 1, 2011 by softgeorge

[KKvampire]

...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.

"we didnt know it was going to happen that way" Right, they did not think he could die when they stabbed him several times. After all they see on thai soaps that people get shot and stabbed and they just get up.

and they didn't know the sister in law was going to receive knife wounds either for interfering in the murder... They went away, (2 0f them) got some backup, armed themselves then came back looking for him. They knew exactly what thier intentions were. Pinning a guy on the ground and plunging a knife into his chest 5 times, what did they think they were doing, trying just to scare him?Maybe they thought it was going to happen the thai way and he fell on the knife 5 times. Melbourne is not Pattaya boys sorry and he was not the farang in his own country, that title belonged to you guys..

You're right of course. Thai Law sucks PERIOD. Lets hope they will get extradited , it will probably be only because the Australians are releasing some Thai's. I'd like to know who these "exchange suspects or criminals" are, they sure to get out when they face Thai "Justice". ooops wrong noun. "Bought and Paid for " is nearer the mark.

Edited December 1, 2011 by KKvampire

[jackr]

I say using the UK connection, they re-introduce capital punishment options - hanging, drawing, quartering would be good.

[Payboy]

I say using the UK connection, they re-introduce capital punishment options - hanging, drawing, quartering would be good.

Or just banish them to Oz.

[PaulBax]

the third person is listed as 28 year old Teparat Tepsut but the police do not have a photo of him!

Edited December 1, 2011 by PaulBax

[softgeorge]

the third person is listed as 28 year old Teparat Tepsut but the police do not have a photo of him!

These two photographs were taken when they were arrested for a serious assault (stabbing) not thier 1st arrest either in Melbourne. You see the two numbers on the right handside of the photo sheet? The top number is the master name index (MNI), no big deal as everyone who has anything to do with the police is assigned this, witnesses etc, just a reference number. The bottom number is the criminal reference number (CRN) this indicates that they already have a criminal record in the State of Victoria, Australia prior to this arrest. As I said they were already well known to Victoria police and had a history. Had the courts and immigration department taken steps and deported them when they 1st broke the law then this whole sorry incident in Brunswick would not have happened. They were allowed to stay in Australia and continue thier criminal activities. Drugs, serious assaults and standover tatics. Not the good little boy that mummy in Thailand claims her son was.

[Oberkommando]

If you have any info relating to the whereabouts of the third man; Teparat Tepsut please report it to Interpol.

http://www.interpol.int/@en/Wanted-Persons/(wanted_id)/2009-17066

[KKvampire]

the third person is listed as 28 year old Teparat Tepsut but the police do not have a photo of him!

These two photographs were taken when they were arrested for a serious assault (stabbing) not thier 1st arrest either in Melbourne. You see the two numbers on the right handside of the photo sheet? The top number is the master name index (MNI), no big deal as everyone who has anything to do with the police is assigned this, witnesses etc, just a reference number. The bottom number is the criminal reference number (CRN) this indicates that they already have a criminal record in the State of Victoria, Australia prior to this arrest. As I said they were already well known to Victoria police and had a history. Had the courts and immigration department taken steps and deported them when they 1st broke the law then this whole sorry incident in Brunswick would not have happened. They were allowed to stay in Australia and continue thier criminal activities. Drugs, serious assaults and standover tatics. Not the good little boy that mummy in Thailand claims her son was.

I hope the Australian public have asked questions of their judiciary and courts on how these criminals were allowed to be released and immigration the reasons why they were not deported.

The Uk has this crazy pathetic European court B***s**t where a convicted criminal can avoid deportation on "Human rights grounds" and then string out any deportation ruling in the courts at tax payers expense, One of the reasons I lost all respect for British Law now subverted by European dictat

Edited December 1, 2011 by KKvampire

[culicine]

How can even Interpol not have a photo of the third suspect? Is he really that highly placed in Thai society???

[patayayaya]

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

yeh well when you go around stabbin people to death fellings might just get hurt.

[chooka]

How can even Interpol not have a photo of the third suspect? Is he really that highly placed in Thai society???

I am sure that Interpol would have approached Thai authorities to obtain a photo from the family but I guess the response was that the family do not have any photo's of thier loved one. TIT. he does come from a very influencial thai family so I guess authorities are hitting brick walls at every turn. He is going to have to hide for the rest of his life, no statute of limitations on murder. He won't be able to claim any family inhieritance or work. Not much of a life ahead of him..

[Oberkommando]

I am sure that Interpol would have approached Thai authorities to obtain a photo from the family but I guess the response was that the family do not have any photo's of thier loved one. TIT. he does come from a very influencial thai family so I guess authorities are hitting brick walls at every turn. He is going to have to hide for the rest of his life, no statute of limitations on murder. He won't be able to claim any family inhieritance or work. Not much of a life ahead of him..

I would suggest he is living a fairly normal life in Thailand and that getting his inheritance and working will not be an issue for him.

[rkidlad]

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

yeh well when you go around stabbin people to death fellings might just get hurt.

If they didn't like it so much in Australia, why didn't they just leave? Oh, are we allowed to say that? Is that racist?

I guess they did leave when they were forced to.

[chooka]

I am sure that Interpol would have approached Thai authorities to obtain a photo from the family but I guess the response was that the family do not have any photo's of thier loved one. TIT. he does come from a very influencial thai family so I guess authorities are hitting brick walls at every turn. He is going to have to hide for the rest of his life, no statute of limitations on murder. He won't be able to claim any family inhieritance or work. Not much of a life ahead of him..

I would suggest he is living a fairly normal life in Thailand and that getting his inheritance and working will not be an issue for him.

It wouldn't be possible without assistance to shield him from the thai, aussie police and interpol. To live a fairly life he is being protected from justice.