Some Legal Advice Re Death Threats

[bino]

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

I'd suggest you copy the full header with the content of the email, instead of just finding / extracting the IP. There is a lot of useful info in there, that won't make any sense to the average computer user... ISPs, routing, even the ID / Name from the exact computer that sent it. Basically like having the guy's fingerprints / DNA attached to the email.

About the post above where you replied to this telling me the story about your farrang friend... all I can say is " huh? "

[connda]

send it to the Police in Australia.

The above is the best idea. Thais don't care about you. The Australian authorities would take this very serious. Talk to the Oz cops.

Good luck!

[Beetlejuice]

OK, here is my advice.

Make a copy of the email and print it out. Keep the original email in your inbox, do not delete it. This is evidence that the said email was sent to you and from who.

Next and this is extremely important, open up the email header that shows the senders IP address. Print out a paper copy and also copy the text into a word document that can be kept on your computer. From the IP address anyone will be able to establish what ISP the sender is using, pinpoint the location and from which computer the message was sent.

OK, next step:

Death threats in any shape or form are a criminal act. Contact a reputable lawyer in Australia, preferably a law firm near the home location of the email sender. You can find an Australian lawyer quite easily online. Once you have found the lawyer’s details you could email or better still, phone. Explain everything to the lawyer and that you wish to make a criminal case against this guy via the Australian police and hire the lawyer for this service acting on your behalf.

With the evidence that you have, you do have a strong criminal case against this guy and should be able to claim back all you legal expenses plus more for stress and all the rest of it.

You should also consider taking out a protective order or restraining order against this head banger. This too is something that you can discuss with the lawyer.

Just one more thing:

Providing you and your wife are all above board in Thailand and have no concerns about your stay here, make an appointment with your wife to see a head policeman at your nearest local police station. Explain your concerns to him, seek his advice and obtain his name and phone number so as you have someone to call for assistance if the head banger arrives back in Thailand and decides to give you and your wife anymore grief.

You may be pleasantly surprised how helpful the police can be in Thailand if you make the right approach, plus a giving of a few bob for the police fund (if you get my drift) may well be worthwhile for peace of mind.

You have nothing to lose by trying.

Edited February 26, 2012 by Beetlejuice

[bigorangebike]

Thanks we've got it printed with the headers for the police today

OK, here is my advice. Make a copy of the email and print it out. Keep the original email in your inbox, do not delete it. This is evidence that the said email was sent to you and from who. Next and this is extremely important, open up the email header that shows the senders IP address. Print out a paper copy and also copy the text into a word document that can be kept on your computer. From the IP address anyone will be able to establish what ISP the sender is using, pinpoint the location and from which computer the message was sent. OK, next step: Death threats in any shape or form are a criminal act. Contact a reputable lawyer in Australia, preferably a law firm near the home location of the email sender. You can find an Australian lawyer quite easily online. Once you have found the lawyer’s details you could email or better still, phone. Explain everything to the lawyer and that you wish to make a criminal case against this guy via the Australian police and hire the lawyer for this service acting on your behalf. With the evidence that you have, you do have a strong criminal case against this guy and should be able to claim back all you legal expenses plus more for stress and all the rest of it. You should also consider taking out a protective order or restraining order against this head banger. This too is something that you can discuss with the lawyer. Just one more thing: Providing you and your wife are all above board in Thailand and have no concerns about your stay here, make an appointment with your wife to see a head policeman at your nearest local police station. Explain your concerns to him, seek his advice and obtain his name and phone number so as you have someone to call for assistance if the head banger arrives back in Thailand and decides to give you and your wife anymore grief. You may be pleasantly surprised how helpful the police can be in Thailand if you make the right approach, plus a giving of a few bob for the police fund (if you get my drift) may well be worthwhile for peace of mind. You have nothing to lose by trying.

[DLock]

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

What a bizarre request.

[1Watcher]

This I had been watching. Weird...guy takes off for OZ then sends hate mail back to the husband of the wife he lost while he lost the case by not being there. I watch some more.

[Sing_Sling]

Oddly enough the Ausssies' English looks/sounds very Thai

[WarpSpeed]

send it to the Police in Australia.

This is the best answer since the email originated from there it's their jurisdiction and they'll take it much more seriously then will the local BiB..

Edited February 27, 2012 by WarpSpeed

[1Watcher]

Watching this case from a far distance. Know both parties. I was struck with how psycho the OZ fellow was.

First this OZ fellow sends a defamatory statement regarding a Thai lady at a late hour to numerous parties. His offensive message is then forwarded to other parties.

He then finds himself the subject of a civil lawsuit for libel. He sends several emissaries to the aggrieved Thai lady offering to pay nominal amounts of monies to drop the lawsuit, amounts considerably less than he would have to pay for his own legal fees if the case went before a judge and likely lost.

It was comical watching his defensive moves: blaming the email on his own Thai wife, sending third parties to offer small amounts and finally admitting to sending the libelous email and offering another nominal sum.

As the court date approached and witnesses were gathering he took a runner back to OZ. On the day of the hearing he was a no show. The judge granted a Summary Judgment with a damages hearing date set for 3-4 weeks later.

While apparently out of Thailand (hiding in OZ if reading the above right) he sent the above threat to the husband of the Thai wife who had won the judgment against him.

From a distance the email from OZ appears to have been written by an illiterate, which he is not. Described on one forum as a ‘one washed up old drunk’ in the community. Reading the threatening email drinking clearly is part of his life.

To take a runner back to OZ shows what kind of man this is, a lowlife drunk carrying some sickness besides alcoholism.

I continue to watch from the far far far distance.

[jdinasia]

I know at least 2 of the parties involved in this (probably don't know the third.) I therefore won't comment on the defendant, but the plaintiff (a Thai national) and her husband are credible.

Gone's remarks just seem way off base including the claim of the cost to file a civil case in Thailand. (much less the issue of the case not residing in the Pattaya courts etc.) Additional remarks that seem quite far off base include the statement regarding passports etc ....

I recently had a case go to Labour Court (and was nudged into a reasonable settlement at the first hearing before the three judges.) The defendant did not appear but sent a lawyer. The first thing I did upon filing the case was to contact the consular services officer of my embassy, since the complaint was for more than 1 million THB. I told them I was not that concerned for my safety but that I wanted them to be aware of the case. My Thai BF of 10 years also has all the info (and my living will

[bigorangebike]

Judgement was today:

200,000 Bht damages

8,000 Bht legal cost reimbursement

7.5 % interest on delayed settlement

Apology in local newspaper for 3 consecutive days

Apology in person

Damages must be paid within 1 month, or the court will seize assets (the house on his wife's land being one of them)

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...

[Berkshire]

Judgement was today:

200,000 Bht damages

8,000 Bht legal cost reimbursement

7.5 % interest on delayed settlement

Apology in local newspaper for 3 consecutive days

Apology in person

Damages must be paid within 1 month, or the court will seize assets (the house on his wife's land being one of them)

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...

Congrats. I'm sure money wasn't even the point, but that justice prevailed.

[DLock]

Congrats BOB...I hope you are able to find a way to collect.

Justice is slow in Thailand, but it does sometimes work.

[Sing_Sling]

The house on his wife's land . . . that means every time you go there you will be trespassing.

[varun]

I wouldn't lose sleep over it, relax, have a drink, take your wife out for dinner.

He's a chickenshit, doesn't have the balls to do anything.

If he did, he wouldn't flee to Australia in the first place.

Send him an e-mail back saying that you've managed to get his IP address traced, and notified the Australian authorities with a copy of his e-mail. Tell him that the Authorities can and will find him if you wish to press full charges. That should shut him up.

[MikeandDow]

What a crock of sh*t Report him to OZ Immagration Report him to OZ police get real this is a person who Thinks he is going to get money and satifaction via the Thai courts well he has his asnwer by the court which will result in nothing the house land and other assets are in wifes name so what are they going to sezie if any thing people should live in the real world the OP does not wast of time

[bigorangebike]

I don't think the court appointed police officers/ bailiffs will be?

The house on his wife's land . . . that means every time you go there you will be trespassing.

[MikeandDow]

you are living in Thailand do you think that the police or what ever are going to be intrested in a stupid farang, they can not get court settelment in mulit millon baht case's you will be number 50000 we will get round to it get bloody real !!!!!

[Sing_Sling]

I don't think the court appointed police officers/ bailiffs will be?

The house on his wife's land . . . that means every time you go there you will be trespassing.

I'm not sure, but trespassing is trespassing without a court order - would be fun to see the Hatfield vs McCoy stand-off (Or the Somchai vs Turdsak Thai version)

[bigorangebike]

As i said to the idiot that lost --- we'll see

you are living in Thailand do you think that the police or what ever are going to be intrested in a stupid farang, they can not get court settelment in mulit millon baht case's you will be number 50000 we will get round to it get bloody real !!!!!

[1Watcher]

Runner Exemplifies Cowardly Character – Below Low? Or Conspiracy?

(The following was compiled from numerous Internet postings and sources close to the defamed party.)

Background:

One evening an Australian expat spent time with an American expat bemoaning his loss of girl friend, business and face. After the Aussie left, the American called another expat and said the Australian “was just crying for an hour like a little girl and I didn’t know what to do.” Word then spread around the expat community and later that night a second Australian apparently decided to take his mate’s side in matters and prepares an e-mail.

The Defaming Action:

The second OZ fellow sends a defamatory statement regarding the Thai wife of a business competitor of his crying mate at a very late hour to numerous people. His defaming message is forwarded to other parties.

He then finds himself the subject of a civil lawsuit for libel brought by the Thai wife. He sends several emissaries to the aggrieved Thai lady and her husband offering to pay nominal amounts of monies to drop the lawsuit, amounts considerably less than he would have to pay for his own legal fees if the case went before a judge and fines after he likely lost.

It was comical watching his defensive moves: at first trying to blame the e-mail on his own Thai wife, then sending third parties to offer small amounts and finally admitting to sending the libelous e-mail and offering another nominal sum.

Runs From Thailand Before Court Date:

As the court date approached and witnesses were gathering he took a runner back to OZ. On the day of the hearing he was a no show. The Thai judge granted a Summary Judgment against him with a Damages Hearing date set for 3-4 weeks later.

Whilst apparently out of Thailand (hiding in OZ if reading Thai Visa forum thread correctly ) he sent a deranged death threat e-mail to the husband of the Thai wife who had won the judgment against him.

From a distance the e-mail from OZ appears to have been written by an illiterate, which the sender is not (he claims to be an engineer in an e-mail). However, he was described on one forum as ‘one washed up old drunk’ in the community. Reading the threatening e-mail it appears drinking clearly is part of his life.

To take a runner back to OZ shows the character of this man, a cowardly lowlife drunk apparently carrying some psychological sickness besides being an alcoholic.

Judgment at Damages Hearing March 8, 2012 were:

1) 200,000 Bht damages, 2) 8,000 Bht legal cost reimbursement, 3) 7.5 % interest on delayed settlement, 4) Apology published in local newspaper for 3 consecutive days, 5) Apology made in person to the defamed Thai lady.

The Damages must be paid within 1 month or the court will seize assets (the house on his wife's land being one of them). Neither the cowardly runner nor his attorney appeared at the Damages Hearing.

That this individual is a coward is beyond any doubt – no gobsmack there. He runs rather than be a man and face his responsibility. The abandoning of his Thai wife, to leave her to deal with his responsibilities, was lower than cowardly. Reading his e-mail gives the reader a rare glimpse inside the twisted mind of a disturbed individual.

Mates supporting him?

An old saying has been to show who your friends are reflects on who you are. Looked at another way is he reflects the inner character of those who support him, his mates. Will they raise the 208,000 Bht needed by the due date? Answer: Does a soi dog wear a condom?

Opinion abounds his mates and supporters are like him, of low moral character, and will abandon him when the time arrives to stand up and be counted: Pay the fine, make the apologies.

Conclusion?

Soi dog? Answer: No, even the soi dog does not abandon his mate. If this coward were not in denial he could almost be heard to say, “Instead of facing the court like a man, I abandoned my faithful companion. Men do not do such things. Not even dogs do such things. I am not even a dog. Where was my grace under pressure? There is no honor in this anymore.” He has no honor.

Low moral character? The character of the lowest sewer cretin.

Coward? Readers, if sober and literate, can draw a rational conclusion.

Suspected is the runner has only started to receive what he deserved, that more is on the way or as they say in Thai, “Som nom na.” The Damages were part of a civil proceeding. Next, according to one legal analyst: the Criminal Court. And because the runner has few assets in Thailand, the net can be again cast wider in the Civil Court over those who “aided and abetted him”, his mates, those who encouraged or helped initiate the defamatory e-email or forwarded it and then verbally or in written form further contributed to the defamation.

Question:

Was the sending of the initial defaming e-mail simply an isolated action by one washed-up old drunk or was it an orchestrated conspiracy by a group of jealous and envious friends of a business competitor and his muppets?

If it was a conspiracy by a business competitor and his muppets, they seem to have abandoned the defamer, let him twist alone on the gallows for his misdeed, showing their own qualities and morals.

I continue to watch the story unfold from afar.

[metisdead]

A post making a general flame against forum members has been removed.

[soi41]

To the OP. Congrats, you got your day in court. Leave it there, and get on with your life. Remember that the Thais around the defendant will not be to happy, their "milkcow" has disappeared all because of you. So whatever you do, do not try to claim your money from the Thai wife or her family. Their loss of face could see you end up as a very dead farang!