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Some Legal Advice Re Death Threats


bigorangebike

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It was sent around midnight east coast Australian time, i can only assume after a few whisky's and not checked being all jazzed up when sending. Best to copy and paste it exactly as the spelling was

Dyeing of cancel will be a more easier way of dying.

Hmmmmmm are you sure he's an Ozzie as many Thais say CANCER as "CANCEL" even my wife

Tell him his spelling matches his mental age.............about 4-5 yrs old I reckon

Oh an he is an engineer too?? with spelling like that?? c'mon it really doesnt add up does it?

Oh an he is an engineer too?? with spelling like that?? c'mon it really doesnt add up does it?

Edited by bigorangebike
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Can you at least give me his lawyers name and number in a PM and also the name of the Colonel that took this case on in Banglamung and I will call them and get all the facts?

Was the email sent to your email account or your wife's?

Buy the book that I posted a picture of (Thai Criminal Code) and look up section 326

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The "previous" libelous emails that made the court case were sent to me and third parties - (which made the libel court case that he lost).

The death threats email (after court judgement) have been sent only to me - from the same email address that he admitted to the court in the libel case was his personal email address, seems a REALLY stupid thing to do.

Can you at least give me his lawyers name and number in a PM and also the name of the Colonel that took this case on in Banglamung and I will call them and get all the facts?

Was the email sent to your email account or your wife's?

Buy the book that I posted a picture of (Thai Criminal Code) and look up section 326

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Gone - March 8th come to the Chiang Mai court to hear the judgement if you wish. I can't elaborate on details obviously before then

Can you at least give me his lawyers name and number in a PM and also the name of the Colonel that took this case on in Banglamung and I will call them and get all the facts?

Was the email sent to your email account or your wife's?

Buy the book that I posted a picture of (Thai Criminal Code) and look up section 326

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Gone- section 326 relates to a criminal cases, you are making assumptions, this has only been a civil case so far.

Can you at least give me his lawyers name and number in a PM and also the name of the Colonel that took this case on in Banglamung and I will call them and get all the facts?

Was the email sent to your email account or your wife's?

Buy the book that I posted a picture of (Thai Criminal Code) and look up section 326

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Must have been a bit of a surprise to the Ozzie when he got hauled into court over a libelous email. Should be a wake up call for many who think that internet chatter is harmless and can bring no repercussions. Especially when residing in a country with strict libel laws on the books.

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Actually was pretty funny when he got served, sent 2 mutual friends on separate occasions to try stop the lawsuit!

Response initially was "f you! you cant touch me here, this is Thailand"! (certainly ate his words)

Must have been a bit of a surprise to the Ozzie when he got hauled into court over a libelous email. Should be a wake up call for many who think that internet chatter is harmless and can bring no repercussions. Especially when residing in a country with strict libel laws on the books.

Edited by bigorangebike
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Case is finished, summary judgement, the judge said he will announce the damages on March 8th, our lawyer also confirmed this.

Well good on you for seeing it through..will be interesting to see the amount of damages pls let us know..btw was it a summary or default judgement? just curious about the Thai system and if a default judgement any chance he can still request a set aside...

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The discrimination of the OP for minor grammatical errors just shows the hatred in the hearts brewing within the minds of many posters here... Sorry friend and I'm glad that the courts in Thailand and police served justice in a civil law abiding way.

Wish you all the best and remember to check your own reflection before you dissect others for political correction.

It seems most people suffer from a perpetual state of self-denial or self-deception..

-Words of wisdom from an old fool with a good heart...

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sounds like im not explaining the sequence of events well enough ......

basically death threats after a court judgement

I actually think he threatened to change your colour, not kill you.

Forget it, no law enforcement body will be interested in a drunken rant.

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He didn't show in court, so I'm not sure under Thai law if that equates to summary or default judgement

Case is finished, summary judgement, the judge said he will announce the damages on March 8th, our lawyer also confirmed this.

Well good on you for seeing it through..will be interesting to see the amount of damages pls let us know..btw was it a summary or default judgement? just curious about the Thai system and if a default judgement any chance he can still request a set aside...

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If this guy's an Aussie, you should definitely report him to his government's immigration and law enforcement authorities. A death threat is considered a criminal offense in many jurisdictions. And if it's in writing, you have strong evidence and case. Good luck to you...

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If this guy's an Aussie, you should definitely report him to his government's immigration and law enforcement authorities. A death threat is considered a criminal offense in many jurisdictions. And if it's in writing, you have strong evidence and case. Good luck to you...

we'll do that, thanks

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At least if you report it to the Thai and/or Aus police, even if they do nothing, they will have a report of it. That way if anything were to happen to you he'd be first on their list.

The fact he's sending the death threats from the SAME email address that he has sworn in a Thai court document that it is his own personal email address is beyond me.

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dont bother going to police in thailand they are not interested , i had similar 2 years ago ,went to police station man on desk was reading newspaper when i went in , still reading newspaper when i left nothing happened at all

Sent it to the Australian Embassy and the Australian Police

Also ask them is it okay for you to send the same to him in Australian

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People who make death threats from their personal email address arent usually serious!

Whats it over anyway? Hundreds of thousands of dollars?

If its over a woman.. he'll probably calm down soon. Just keep it on record.

If you want, and its worth it (he has money) you could possibly sue him under Australian law for damages if you could prove that you have suffered as a result of these threats. Emotional problems, loss of earnings etc etc . But is it worth it? Want to get drawn into a court case? Maybe just better get on with your life hye?

Probably just better keep the email, and let him know you have forwarded a copy to your lawyer and close friends

Edited by BuffaloRescue
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Of interest is that SE Asia, long influenced by England, follows English defamation law (http://en.wikipedia...._defamation_law) Some have argued that English defamation law is a human rights violation and too restrictive. It is one of the few if not only exceptions to the rule that you are, as defendant, innocent until proven guilty. This is because the burden of proof in an English defamation lawsuit lies with the defendant, not the plaintiff. The defendant must prove the defamatory statement is true, unlike the American rule which is the opposite. This is a formidable obstacle to overcome as defendant, because the defendant may not have evidence to prove the truth of the alleged defamatory statement, even though "it is obvious" or "everybody knows it". Because of this, some SE Asian countries, like Singapore, have been accused of misusing English defamation law for political purposes, though what is misuse is in the eyes of the beholder. Bottom line: in this part of the world (SE Asia) be careful as to what you commit to writing about a third person.

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He has a house here in his wife's name

However do you even think you will get any money from him

The answer is never

He doesn't have a house in his wife's name. His wife has a hous. Its not his house, its her house and therefore not up for grabs when it comes to seizing assets.

SC

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I'd suggest to print out the email including the "full header" that is normally hidden. This will show the origin IP of the email, which should trace back to Australia. Give it to your lawyer and see what he says. If there is a way to get it before the judge during the judgement, it may make things more dire for the sender. Additionally, if you are going to send this to the Australian police, the info in the full header will help them with an investigation.

Viewing the full header info varies depending on your email provider / client software. Google will have answers for all if you search for "View Outlook Full Header" , "View GMail Full Header" or similar- depending on what you are using.

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Had a farrang friend get sued for a substantial sum of money 2 years ago. No-one really knew which way the case was going to go, his expensive Thai lawyer highly recommended that he divorce his Thai wife while the case was unsettled as they owned several expensive properties obviously in her name & was worried about her having to liquidate to pay damages.

I'd suggest to print out the email including the "full header" that is normally hidden. This will show the origin IP of the email, which should trace back to Australia. Give it to your lawyer and see what he says. If there is a way to get it before the judge during the judgement, it may make things more dire for the sender. Additionally, if you are going to send this to the Australian police, the info in the full header will help them with an investigation.

Viewing the full header info varies depending on your email provider / client software. Google will have answers for all if you search for "View Outlook Full Header" , "View GMail Full Header" or similar- depending on what you are using.

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I'll see if I can get the IP it was sent from.

I'd suggest to print out the email including the "full header" that is normally hidden. This will show the origin IP of the email, which should trace back to Australia. Give it to your lawyer and see what he says. If there is a way to get it before the judge during the judgement, it may make things more dire for the sender. Additionally, if you are going to send this to the Australian police, the info in the full header will help them with an investigation.

Viewing the full header info varies depending on your email provider / client software. Google will have answers for all if you search for "View Outlook Full Header" , "View GMail Full Header" or similar- depending on what you are using.

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