Tollway Crash Teenager Gets Two-Year Suspended Sentence

[jrincon17]

Was she drinking ?

[jvs]

I must be reading it wrong?What i am reading is two years in jail but the the actual imprisonment is suspended for three

years?

The headline and the article are not saying the same thing ,the way i understand it she actually has to go to jail?

[eddiench]

Such news is so normal. Not only in Thailand...it's happens everywhere in the world. Nobody goes to jails when they're rich (not unless the crime is extremely huge...even if they do, somebody else would do the time for them). Stop living in denial!

[karlos]

Is the fact she was 16 at the time helping reduce her sentence here? I do know that 14-18 is the age you would enter a youth correctional facility. So they do make a distinction between adults and youths and would have different sentencing.

Also in the UK the owner of the car would be held accountable for loaning the keys to an underage driver.

If the keys were taken without the owner’s consent then theft of the vehicle would also be added to the charges.

P.S. It's quite rare i post outside the Bike Forum but this headline appalled me! Absolutely no justice for the dead and no example set to parents who let underage drivers use their cars!

[indyuk]

The girl was a minor at the time of the accident, she is Thai, she was sober and had not stolen the car, she had an accident. The EXTENT consequences of her accident are not a factor in the calculation of punishment. That is a question of compensation. The sentence can only be applied on the basis of Traffic regulations infringed. Road traffic accident Compensation In Thailand generally means 200,000 Baht to the family for each of the deceased, plus settlement of all emergency services and hospital bills.

Generally this is paid by the insurance company(s). The insurance company(s) would also replace the destroyed vehicles and pay for the damages to the highway.

For the girl, who is a minor, having submitted a plea of guilty a custodial sentence would not be appropriate. It is likely that this being Thailand no one, including the Police find it remarkable that she was driving without a drivers license and was under age too.

[pacovl46]

RIDICULOUS!!!!

[hotandhumid]

So if you make disparaging remarks about the royal family you go to jail....you wipe out 9 people and you don't.

And this is the country that we chose to live in. If it wasn't for my kids I'd be gone by now. I've had enough.

[TallGuyJohninBKK]

Having been through the courts here and experienced Thai justice first hand my money is still on that she probably paid through the nose for her mistake, not that this in any way changes the fact that its clearly wrong the sentence she has been given and she should be in a cell now eating maggotts.

There was a civil legal case launched by the relatives of the victims.... But of course, no mention of that or the compensation issues in The Nation report above.

However, re your point above, it wasn't/wouldn't have been SHE who paid thru the nose. It would have been Mummy and Daddy. But considering the low dollar value of life that the Thai legal system typically places on fatalities here, it might well not be/have been that much!

In most other places, two years suspended for a teenage driver in such horrible circumstances would be an amazingly light sentence and likely draw some outrage. However, an under 18 teenage driver usually isn't going to face the same consequences as an adult.

All in all, a very sad result for Thailand...but predictable. No value for life. No consequences for the prominent families.

[TallGuyJohninBKK]

If you want the harsh justice of the west then this is not the place for you. My thoughts and best wishes go out to the victims families as nothing will replace their loved ones not even a harsh sentence on a na Authaya

It's not just about "punishing" the girl. It's about having a legal and justice system that shows there are some real consequences for illegal behavior.... in part to serve as a deterrent to others from engaging in the same conduct.

For adults, that means some kind of punishment/custody. For juveniles, in most places, that means some punishment aimed at rehabilitation.

In some places, she might well have gone thru the legal system as an adult given the severity of the offense. But that didn't happen here. However, I don't see anything in the court's sentence that serves as any kind of "rehabilitation" for the girl or justice/deterrent for society at large.

[ubeturazz]

i love the way so many people rush to judgement without knowing all the facts... i guess some things will never change.

[SantiSuk]

And yet again the "third estate" (the media) fails to perform the civilising function it does in most developed countries by creating public debate, censure and pressure for reform.

[webfact]

Teen found guilty of reckless driving in fatal tollway crash

Kesinee Tangkhieo,

Anapat Deechuay

The Nation

Thongpoon Panthong, mother of the driver of the van involved in the fatal accident, weeps after hearing yesterday

BANGKOK: -- An 18-year-old girl yesterday received a guilty verdict and a suspended jail term for reckless driving that was blamed for the deaths of nine people.

Her criminal conviction will likely have an impact on the Bt120 million worth of compensation lawsuits filed by victims or their relatives at the Civil Court.

At the time of the fatal accident on Bangkok's tollway in late 2010, she was an under-aged driver and was clearly travelling at a speed beyond legal limits.

The case caught the public attention because the accident killed many van passengers, but the girl was photographed using her mobile phone, apparently calmly, shortly after the fatal accident.

Among the victims were Dr Sastra Chaotiang and Kiattimant Rodaree, who had just graduated from Chulalongkorn University's faculty of engineering with first-class honours and secured a job at the National Nanotechnology Centre.

The Central Juvenile and Family Court yesterday convicted the speeding driver of reckless driving that caused the deaths of others and property damages. It commuted her jail term from three to two years, and suspended it for three years on the grounds that her statement was useful.

As part of the punishment, she was also ordered to report to probation officials every three months and do 48 hours of community service within two years. She will also face a driving ban until she turns 25.

"I am happy with the verdict, although I am still sad that my son had no chance to have a family. He died an untimely death because of her," Sastra's adoptive mother Tawil Chaotiang said.

Thongpoon Panthong, mother of the driver of the van involved in the mishap, said she felt better now because at least the court had told society that the accident was not caused by her daughter, who was also killed in the accident.

The convicted teenager was from an elite family. She came to the courtroom with her parents and lawyer. She had denied any wrongdoing during trials and looked relieved after the verdict was read.

"I think parents should be required to shoulder more responsibilities in some types of legal offences committed by minors. It's the duty of the parents to watch over their children," Kiattimant's father Dr Krit Rod-aree said.

-- The Nation 2012-09-01

[bkkjames]

i love the way so many people rush to judgement without knowing all the facts... i guess some things will never change.

the facts are there if you quit hiding behind the 'catch-all' wait for the facts line. Or perhaps you would feel a bit different if it was your loved one in the van that fatal day?

[Nisa]

RIP to all the victims and sympathies to all loved ones. I'm sorry your loss is fodder for many to spew their general hatred.

[Nisa]

It is good to see that Thailand protects children and adhere's to the treaty on the rights of the child. Especially regarding youngsters the aim of the law is not to punish, but to correct wrong behaviour.

Let's not forget this isn't murder, as some seem to want to make out of it. It was a very, very tragic accident. And don't forget that driving by minors is not exactly rare in Thailand and it are often the adults who fail to act against it.

Wow - someone with a brain posted on TV. Thanks Mario wise words and cooler heads prefail.

Don't be too hard on the other posters, they are just very caring individuals whose concern for the dead and their family brings them sadness. This of course is why you see so many comments here about RIP, concern where they can go to help the families and other general concerns. It is not like there is bunch of posters here who could care less about the victims and instead are using this tragic accident caused by a16-year old Thai girl as an excuse to bash Thais, Thais with money, Thai courts or anything else Thai they can work into it because of a news story about the actions and consequences of the mistakes of 1 Thai kid. Give people more credit here, 9-people died and numerous people have lost their mother, father, brother, sister or friend .... this is a time as you can see by reading through the thread is where posters step up and put aside their insecurities and need to feel superior over people in a less developed nation.

[Nisa]

Teen found guilty of reckless driving in fatal tollway crash

<snip>

"I am happy with the verdict, although I am still sad that my son had no chance to have a family. He died an untimely death because of her," Sastra's adoptive mother Tawil Chaotiang said.

Thongpoon Panthong, mother of the driver of the van involved in the mishap, said she felt better now because at least the court had told society that the accident was not caused by her daughter, who was also killed in the accident.

<snip>

"I think parents should be required to shoulder more responsibilities in some types of legal offences committed by minors. It's the duty of the parents to watch over their children," Kiattimant's father Dr Krit Rod-aree said.

My heart goes out to these family members quoted here. Very good hearted and intelligent people who we all can take a lesson from.

Edited August 31, 2012 by Nisa

[Reasonableman]

In some other countries, the parents, who are adults considered eventually responsible for the actions of their children (while minors), would be held legally responsible to some degree. Does that apply to Thailand, as well? What degree of responsibility is expected of parents in such circumstances as these?

[asiawatcher]

No doubt payments were made for the reduction of jail time, but were payments also made to the victims/families? Or would that be opening a can of worms ... As Mario points out, it was not a pre-meditated murder, simply a stupid kid and a tragic mistake/accident. But there still has to be some level of justice, and compensation is part of that system and there is no mention of that.

[Nisa]

No doubt payments were made for the reduction of jail time, but were payments also made to the victims/families? Or would that be opening a can of worms ... As Mario points out, it was not a pre-meditated murder, simply a stupid kid and a tragic mistake/accident. But there still has to be some level of justice, and compensation is part of that system and there is no mention of that.

Who are you suggesting payment were made? The Judges? The Prosecutor? Of course they hired what they thought was the best lawyer for the case within their means but that is common sense. I just wonder what makes you think there was some other payoff.

[Colabamumbai]

Unfortunately justice was not served. Maybe some of the berieved families will take things into their own hands.

[NoshowJones]

It is good to see that Thailand protects children and adhere's to the treaty on the rights of the child. Especially regarding youngsters the aim of the law is not to punish, but to correct wrong behaviour.

Let's not forget this isn't murder, as some seem to want to make out of it. It was a very, very tragic accident. And don't forget that driving by minors is not exactly rare in Thailand and it are often the adults who fail to act against it.

Finally a poster that talks like a mature adult. The nasty vendictive, negative posters that want blood and executions should just disappear. It is amazing they have something negative and angry to say about almost every single news article posted on TV. If you want to know whats happening in the world between countires, just listen to the people talk.

Nobody is calling for blood, just justice!! She is 16, she knows the consequences of her actions. When somebody drives a car drunk they dont go out with the intention to kill someone but they understand the risks involved.

Its not murder but it is manslaughter. The sentence is a disgrace and anyone who disagree's needs to seriously question their own mindset! How would you react if the victims were in your family??

Does Thailand really protect children? yes, and no, I have seen adults regularly give up seats to children from about two years old and upwards on the skytrain and buses. I was travelling on a bus for more than 1 hour for a journey of about 40 Kilos, when a man aged about 40 gave up his seat to a 13 year old schoolgirl and stood all that time. As this was up country, it is very probable that that same man and others like him, allows his 10 year old kid to ride motor bikes in amongst traffic in front of policemen. I have just read about the underage girl responsible for the deaths of 9 people on the tollway going practically unpunished, and yes, it was probably due to corruption, and it truly amazes me that when I refer to Thailand as the LOS, land of stupidity, referring to the mentality of most Thai people, I get lots of replies from TV members slagging me off, but I must say that just as many agree with me. Much as I love living here, and have come up against many very nice and helpful Thai people, can feel safe walking around which I cannot do in the UK, it has to be said that Thailand is a third world country with a third world mentality. Let the slagging begin.

[NoshowJones]

I wouldn't be surprised if she drove to the court.

Neither would I.

[Curt1591]

This Facebook picture puts things into perspective. The woman, on the left got 3 years, no suspended sentence, for the heinous crime of sell counterfeit goods.

That's her kids saying "goodbye". The only one smiling is the cop!

[NoshowJones]

Thailand must be the HUB of suspended sentences.

What about the policemen convicted of murder, being given the death penalty, then allowed out on bail. Yes, it's true.

[KireB]

Unfortunately justice was not served. Maybe some of the berieved families will take things into their own hands.

Sounds as if you want that to happen!

[Curt1591]

Unfortunately justice was not served. Maybe some of the berieved families will take things into their own hands.

Sounds as if you want that to happen!

It seems that, from the reports, the victims weren't your upcountry poor folks that can be easily bought off. The "settlement, was probably their attorney's idea.

It seems that some victims' family members feel the decision was insulting. So, it really would be surprising if there was some retaliation.

[NoshowJones]

Aw the outrage. the family paid thru the nose to the victims family as they always do in Thailand. Which would have been better a poor Joe from Issan with no money to pay and he gets 10 years but the families get nothing. This way the families recieve something for their loved ones that is more tangiable than a prison sentence that doesn't give the families anything.

If you want the harsh justice of the west then this is not the place for you. My thoughts and best wishes go out to the victims families as nothing will replace their loved ones not even a harsh sentence on a na Authaya

There is harsh jail sentences in Thailand, and not holiday camps like in the UK. But the harsh jail sentences here only apply if you are not very rich.

[pogal]

Typical. Rich or well connected family, you can get away with murder here. Nothing changes.

About the same as what would have been imposed on a child in Australia.

Actually I didn't (want to) believe you and just spent 2 hours googling and all over the world, USA, Aus, UK its the same. You are right, almost no jail sentences. Even for adults there are "some" with no jail sentences for accidents or reckless/dangerous driving.

But still, I think there should be "IF" you are breaking the law at the time.

[Farangdam]

she happy, the custodian happy, the car owner happy, the prosecutor happy what to do must live with it... remind me to the chap who driving porcshe driving recklessly high speed in busy 2 lane street in sai mai area hit a girl cut the girl in 2 pieces the waist bottom leave at the accident place and the driver fleed the accident area with the upper part with him in the car for several kilometer dump the car take few week to surrender + miss report saying the car were stole earlier and the police buy it....

[ManInSurat]

"I am happy with the verdict, although I am still sad that my son had no chance to have a family. He died an untimely death because of her," Sastra's adoptive mother Tawil Chaotiang said.

I feel profound sadness for this lady and her loss, but there's no way I'd be happy with that verdict.

I'd be incandescent with anger over it. 9 deaths. Albeit accidentally caused by someone who should not have been at the wheel of that car. Driving illegally.

Perhaps that's the Buddhist in her shining through. I'd like to think so.

Also, to the people that are trying to defend the girl and saying the sentence handed down is already harsh enough for a 16 year old (she was that age when she did it.)

a) She was driving illegally.

b ) She'll be back on the road. An very strong argument could be put forward that if she isn't on the road already, she will be a long time before her driving ban is served out.

c) She should have gone directly to jail at the time she committed the offence. She was 16 at the time so it would have been a youth correctional factilty. Instead she was living the life of luxury on bail not on remand, as she should have been. She'd have served the sentence by now. Instead it's suspended and I can almost guarantee, that'll mean no time ever served by this person in any facility. That is disgusting.

d) It's further evidence of how the rich can influence the court. If she did not have money and was from a poor family this would not have been the outcome. There's no way she'd have gotten much of a lenient sentence with the public backlash that happened. People would have been baying for her blood and they would have got it. Although I could never prove this, for this kind of sentence to be handed down, someone's had to have been paid off here.

e) What kind of financial compensation has been paid to the families by the family of the girl? (Yes that is the culture here in Thailand.)

f) Comparing how the USA, UK, Australia or even Asean neighbours would deal with an illegal, underage killing 9 people is totally irrelevant. Thailand has it's own justice system. It's been manipulated in this case.

There's no defending this girl. I'm not asking for the death penalty.

Prison, for 2 years. Banned from driving for life. She's a rich girl. She'd be able to get around just fine.

Shocking, just shocking and further illustrates the "1 law for the rich, 1 law for the poor" attitude that permeates Thai society.

Edited September 1, 2012 by ManInSurat