SANTIKA COMPENSATION

BMA seeks legal advice after latest court verdict

The Nation

File photo

Any additional payments will have to get Sukhumbhand's okay, says deputy

BANGKOK: -- The Bangkok Metropolitan Administration is seeking legal counsel after being ordered by the Central Administrative Court to pay damages to some victims of the 2009 Santika pub fire, a senior BMA official said yesterday.

"From next week, the BMA will be meeting counsellors from the Office of the Attorney-General [OAG] to discuss the facts and scrutinise the judges' decision. The BMA cannot say if it will be able to pay the money to the victims in 30 days as mandated by the verdict," said Somphak Sukanant, director of the BMA's Law and Lawsuits Division.

Scrutiny by OAG, NACC

Deputy Bangkok governor Malinee Sukkhawejworrakit said immediately paying Bt795,600 in total to the five victims who took the city administration to court would subject the BMA to mandatory scrutiny from the OAG and the National Anti-Corruption Commission.

She said the BMA had already helped everyone affected by the fire, which took place in the early hours of 2009 New Year's Day, killing 66 people and wounding 222 others.

However, she said, any additional assistance could only be given after Bangkok Governor Sukhumbhand Paribatra's approval. The governor is overseas at the moment.

"The BMA cannot simply give up on the matter without appealing against it, because if it does so, the two agencies will automatically start its scrutiny," she added.

Tall buildings to be inspected

The BMA has dispatched a team of 99 inspectors to see if all tall buildings in the capital have complied with fire-safety measures, said Winai Liimsakul, director of the BMA's Public Works Division. The inspection should be completed by October.

The Santika Club fire occurred in the early hours of January 1, 2009, ironically while a band called Burn was performing.

A total of 66 partygoers were killed and 222 others injured when flames swept through the nightclub. Many of the injured were foreigners.

-- The Nation 2012-05-19

Perhaps this ruling might encourage the BMA to do their job properly in future, in which case whilst the fire might have taken place-- there would have been adequate fire exits. Are any of the owners in jail yet?

Their logic is;

to pay the victims would trigger corruption investigations. So don't pay them.

Well duh. The reason the BMA was deemed liable to pay was because of corruption in the BMA inspections.

This is one of the lamest excuses ever. Why don't they think before they speak?

As if the boss being on a road trip means he can give his ok.

What no phones and fax machines or fedx postal service where he is?

The inmates are running the asylum.

Edited May 19, 201214 yr by animatic

This is great news!! What about the civil action and criminal followup on the owners? Remember, they exceeded legal crowd limits, stage show fire was not secure, and exit doors were chained from the inside.

Seems like they are afraid of scrutiny as stated in article. And why not pay all of the victims as opposed to just some of them.

Edited May 19, 201214 yr by Colabamumbai

a measly 800,000 baht for five victims...out of the scores who were killed and injured...

AFAIK, no one's ever been actually jailed as yet over what happened. And little compensation paid to the dead and injured.

It's yet another sad lesson on how little value life is worth here in Thailand, and how ineffective the government and legal systems are at producing anything remotely resembling justice.

I believe this below was the latest development in the criminal case....

http://www.thaivisa....50#entry4711421

One guy, never explained exactly who in connection with the club, was sentenced to three years, and said he was going to appeal and was out on $1 million bail. Charges against a bunch of other defendants dropped.

The managing director of the club, according to its papers, supposedly was in reality a parking attendant... So who knows who was really in charge there. Likely not the one guy from the club who ended up being convicted.

Good luck in trying to find anything about the outcome for the supposed high ranking police official who was involved with the club. Or any responsibility for the police and BMA officials who allowed it to operate illegally.

Edited May 19, 201214 yr by TallGuyJohninBKK

Their logic is;

to pay the victims would trigger corruption investigations. So don't pay them.

Well duh. The reason the BMA was deemed liable to pay was because of corruption in the BMA inspections.

This is one of the lamest excuses ever. Why don't they think before they speak?

As if the boss being on a road trip means he can give his ok.

What no phones and fax machines or fedx postal service where he is?

The inmates are running the asylum.

“Why don't they think before they speak?”

Is this a serious question?

The problem seems to be they did “think” before they spoke! The task just ended when the usual headache appeared…

And so it goes on.

There was purported to be a senior police officer 'investing' in the Santika, yet no more has been heard of him. And, seemingly, no senior executives have, so far, faced any charges in relation to what almost certainly would have been shortcuts in the building and fitting-out of the structure, and very certainly a blatant disregard of safety requirements.

As for the BMA, they may think themselves lucky that litigation in Thailand is nowhere on a par with that in the US, otherwise, the figure they are haggling over would have started out with at least two more zeros on the end . . . and a dollar sign at the front.

a measly 800,000 baht for five victims...out of the scores who were killed and injured...

AFAIK, no one's ever been actually jailed as yet over what happened. And little compensation paid to the dead and injured.

It's yet another sad lesson on how little value life is worth here in Thailand, and how ineffective the government and legal systems are at producing anything remotely resembling justice.

I believe this below was the latest development in the criminal case....

http://www.thaivisa....50#entry4711421

One guy, never explained exactly who in connection with the club, was sentenced to three years, and said he was going to appeal and was out on $1 million bail. Charges against a bunch of other defendants dropped.

The managing director of the club, according to its papers, supposedly was in reality a parking attendant... So who knows who was really in charge there. Likely not the one guy from the club who ended up being convicted.

Good luck in trying to find anything about the outcome for the supposed high ranking police official who was involved with the club. Or any responsibility for the police and BMA officials who allowed it to operate illegally.

.

... following this story over the years, it is very hard not to indict the whole of Thai values ... where is the common decency and basic humanity this Buddhist nation purports to practice? ... seems all such a hipocracy.

Edited May 19, 201214 yr by swillowbee

I think the word "Scrutinise" the Judges decison is a "misprint". They really mean "Screw-tinise" the Judges decision!!!!

Scrutinise the Judges decisions means "Screw the Victums" & "Screw the Judge" too.

a measly 800,000 baht for five victims...out of the scores who were killed and injured...

AFAIK, no one's ever been actually jailed as yet over what happened. And little compensation paid to the dead and injured.

It's yet another sad lesson on how little value life is worth here in Thailand, and how ineffective the government and legal systems are at producing anything remotely resembling justice.

I believe this below was the latest development in the criminal case....

http://www.thaivisa....50#entry4711421

One guy, never explained exactly who in connection with the club, was sentenced to three years, and said he was going to appeal and was out on $1 million bail. Charges against a bunch of other defendants dropped.

The managing director of the club, according to its papers, supposedly was in reality a parking attendant... So who knows who was really in charge there. Likely not the one guy from the club who ended up being convicted.

Good luck in trying to find anything about the outcome for the supposed high ranking police official who was involved with the club. Or any responsibility for the police and BMA officials who allowed it to operate illegally.

It shows how cowardly and timid they are in their reactions and inability to charge the guilty and demand they compensate properly. Too intimidated by fear of those with money I guess. The legal system has no balls whatsoever.

Edited May 19, 201214 yr by gemini81

Wow. Money really is more important than life in this country.

The part I've never understood about this case was a lot of the victims the night of the fire were farangs...among the dead and injured. So presumably, they would have some financial ability to pursue court cases and speak out about the injustice that's occurred.

But frankly, I can't recall ever seeing or hearing anything in the wake of the fire from any of the farang victims in any kind of organized way, even when the criminal case was proceeding. Did they all just walk (or get carried) away and leave the whole thing behind? Or they've been involved, but invisible in the Thai news media. I'd be real curious to know.

The Thai part of it I understand all too well. Money over safety and lives every time. You lost a relative in the fire? Mai bpen rai. We'll send some flowers to the grave or your home. Next...

Another similar example... The speeding, underage, unlicensed teenage girl driver from a prominent BKK hi-so family who hit a passenger van, caused it to crash and killed a bunch of people onboard, most when they were thrown out of the van and onto a freeway road one level below.

It's not clear that she was ever punished in any meaningful way, at least from the increasingly rare news reports I've seen as time has passed. The families of the victims, quite a few from a local university, got legal counsel and began a legal case as best as I recall... Likewise, haven't heard anything about it in months.

Most of the time, after the initial news reports, these kinds of things tend to slowly evaporate from view and seem rarely to reach any meaningful conclusion. Just like smoke blown away by the wind.

Thailand is a morally bankrupt country!