Tollway Crash Teenager Gets Two-Year Suspended Sentence

[ttelise]

[quote name=JeremyBowskill' timestamp='1346407430

' post='5622666]

You can bet the many millions of baht bit happened already or she would not of got this sentence!

You can bet it hasn't! Has money been paid? sure but i bet you it wasnt millions maybe 200k each victim? life sadly is cheap in thailand.

120 million to be divided between the 9 victims families is slightly more than 200k each but still nowhere near enough.

The last I read on this subject, some of the relatives of those killed, refused to accept any monetary compensation at all, from where did you obtain this figure of 120million?

This 120 mil is really unclear. I see articles saying that us number demanded cummulatively by all the lawsuits, yet those trying to soften impact of virtually no sentence make it sound as if money already paid.

If money has not been paid as of yet, I doubt much compensatory money will get paid now that their daughter has a clear understanding of her sentence and they know she won't be going to jail.

[Payboy]

120 million is the cumulative claim of the civil lawsuit filed by victims / relatives. The hearing of that case is still pending. The criminal conviction may have some bearing on that judgement, though 120 million may not be the actual award.

[nontabury]

The only thing you seem familiar with is nonsense posted here.

If an accused in Thailand admits their guilt it almost always results in up to a 50% sentence reduction and if they attempt to make restitution and show remorse then it is up to another 50% sentence reduction. She received 1/3 off her sentence because she admitted to driving illegally and speeding but she felt (at least claimed) the van driver cut her off. She showed remorse and cooperated and got a reduction in sentence.

Do you even have a clue what the juvenile justice system if for and about? I suggest you do some research. Even in the US where they can be extremely harsh, you can sentence a kid as a juvi to jail time beyond their 21st birthday even if the time is suspended. I assume the girl is over 18 now and that would be a sentence of 3-years.

Again there is absolutely NOTHING to indicate any illegal payments were made to get this sentence and every indication to believe there wasn't. People need to use their freaking brains. If there was some payoff they simply could have thrown the case out on technicality or had it never seen the light of day in court. It really is time for some people to actually learn about Thailand from other sources beyond bitter, unhappy and insecure posters on the internet.

Paying a 200 baht bribe to a very underpaid street cop is a lot different than accusing the Thai courts of being corrupt .. biased in some cases, like everywhere, yes as that is just human nature but to accuse the courts of corruption in a case like this just shows a complete and utter lack of knowledge about Thailand and its justice system.

You're so blinkered and you get so increasing blinkered as time goes on.

The punishment does not fit the crime even by the Thai justice standards.

If she wasn't rich, I highly doubt this would have been the final outcome.

There's a very imporant point to this whole incident. She was driving illegally and speeding. She should have not been behind the wheel let alone be driving above the speed limit.

As for her testimony that the van cut across her, I would not believe anything she says. You'd do whatever you could to save your own backside. If she was speeding then no one's cutting across anyone.

The van driver was making a legal maneuver and was hit by speed from the side. No speeding = no crash.

And her mother apologised on her behalf. Not her.

Where can I get a pair of Thailand Is Fautless and Totally Perfect™ rose-tinted glasses like you wear. I'd like to try them out.

Make that two pairs.

[nontabury]

I wonder why the hi-so people act as if they can get away with anything. Because they can?

A suspended sentence. Forty eight hours of community service. Outrageous and disgusting, even for Thailand's judicial system! Jail time and many millions of baht in compensation was a realististic sentence.

Agree, and I wonder whether there has been any compensation awarded as part of the court decision. Very little detail and the points any professional journalist would ensure are in the story are all missing, so typical of the poor reporting from the Nation which never seems to improve.

Anybody found any details on this aspect on any other boards? Please share.

Last time I stated a similar comment that the level of journalism is appalling here, I was accused of Thai bashing! But totally agree with your statement that there appears to be no real questioning of important people here to get to the bottom of any issue or deep critical thinking on virtually any issue, especially one that may upset anyone with money or power here. I don't think this is limited to "The Nation" either. The reality is that Thailand is still a developing country where a lack of higher level education is the norm amongst the masses and hence a lack of transparency from government, business, courts and police is normal.

Most of the posts here are spot on with criticisms on just so many levels. I wonder what the average Thai thinks about this judgement, as I could imagine if it was my child or wife that was killed by such a senseless act the rage and hurt I would feel at this sentence would be unbearable.

According to my Thai wife and her friends, today they were ashamed to be Thais,regarding my wife, this may be because she has a Farang husband, who has been teaching her not to automatically accept, what the leaders of her country tell her.

[geriatrickid]

putting a girl that was 16 years old at the time of the incident, in jail helps no one. It doesn't help the dead & injured, and it is not how one deals with a kid that makes a serious unintentional error.

[ManInSurat]

putting a girl that was 16 years old at the time of the incident, in jail helps no one. It doesn't help the dead & injured, and it is not how one deals with a kid that makes a serious unintentional error.

Yes, because the dead and injured didn't leave mothers, fathers, sons, daughters, brothers, sisters, girlfriends, boyfriends, husbands, wives, friends and family behind who'd want some form of justice for the cheap manner of their deaths. I'd personally not give the slightest dam_n about the compensation and would ask that justice was served.

She's already proved that she's a lethal weapon when behind the wheel of a car. She's shown little in the way of contrition, has tried to shift blame onto a dead man and almost definitely won't have learned anything form the whole experience.

Preventing that from happening again would also be in the interest of public safety. A lifetime ban. Her family are more than capable of ensuring her transportation around the world, for life - as a passenger.

9 people died utterly needlessly at the hands a spoiled, privileged child with a toy bought for her by her parents 2 years before she was legally allowed to use it. 98% of the rest of the population's kids would never be in that situation. The parents also need to be forced to learn some culpability in this. What better way than serving justice to their child in a harsh but fair manner.

People are aware of the ever widening gap in Thai society, between the elite and the rest of the general populace.

This was the perfect opportunity to send a clear and loud message that no one is above the law and show that Thailand is willing to deal with all people equally, no matter their influence or background.

It does help it so many profound ways. Very positive ways and on a national scale.

This is definitely how you deal with a kid like that. They're a young adult and they view their own justice system with derision and something they are exempt from. That's a really sorry state of affairs. She needs a really hard lesson.

My wife's daugher and her husband were killed in a head-on collision motorbike accident in Surat Thani province last year, the man who was driving and proven to have caused the crash (via CCTV) had a physical deformity in his left hand and left leg, some kind of palsy. He was 19 at the time. I watched my son-in-law die on the operating table and my daughter-in-law was dead by the time we got to hospital.

They were not my blood, but I tell you, when you're there in that situation, you want nothing more than the person who's stopped two beautiful and precious lives so early to be held accountable for their actions.

No one wanted him executed. No one wanted him on a life-sentence. We wanted him never to drive again, so he couldn't kill other people. To serve some time to get that idea into his head and act as a deterrent for similar would-be offenders.

He was on the road illegally, was basically as young, but he was a minimum wage rural lad.

He got 2 and half years and is in prison now and had to pay ฿400,000 in compensation.

The law was correctly applied in this instance and my wife got some closure. I can only imagine how the families are feeling privately right now, despite what they say to the press.

Edited September 1, 2012 by ManInSurat

[jayboy]

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.

I agree with you and the minor concerned has in my view probably been given an appropriate judgement .However you have unaccountably omitted to touch on the aspect which generates so much anger and bitterness - namely the perception that the wealthy and privileged are never properly accountable for wrongdoing.This sense that there is one rule for the wealthy and another for the rest is a powerful dynamic in the political conflict in Thailand.

[ALFREDO]

Sentencing in the Isaan countryside poor families.

My GFs nephew 14 y. young made an armed robbery with 3 other boys 13-15 young.

The nephew did hold the one loaded gun they had once and short against a guy they tried to rob.

The whole story was planned from an older convict.

The robbed and assaulted man was slightly injured in a struggle.

They got all caught. The younger 13 year young boy went free. Age?

The others got 3 years in a Khon Khaen youth correctional facility. 2 got out after 2 years, the nephew is still inside.

Now compare.

[pedro01]

...'the defendant's testimony helped the trial'......

...the person is guilty of vehicular manslaughter...... not some benevolent Samaritan..

Errrr.... didn't she deny responsibility throughout?

[pedro01]

Chatter from my wife is that there's a lot of bad feeling around.

The day this 'verdict' was passed, a Thai woman with 2 young kids was jailed for 3 years for selling pirate CDs.

[ttelise]

putting a girl that was 16 years old at the time of the incident, in jail helps no one. It doesn't help the dead & injured, and it is not how one deals with a kid that makes a serious unintentional error.

That's not what it is about. About even handed application of justice and deterrent value. A sentence would hopefully have a deterrent impact. Also, many people get actually jail time for petty issues when a girl walks free from recklessly (speeding) causing the death of 9 people. Now if she accidentally ran a red light, no criminal culpability. If she was intentionally speeding, you can technically transfer intent to that if mansalughter or perhaps even second degree depending in how fast and whether gross negligence definition could be met.

[ttelise]

Chatter from my wife is that there's a lot of bad feeling around.

The day this 'verdict' was passed, a Thai woman with 2 young kids was jailed for 3 years for selling pirate CDs.

Precisely illustrates my point to geriatrickid above about public policy of even handed application of laws and justice.

[arthurwait]

Last time I stated a similar comment that the level of journalism is appalling here,

Indeed.

Most of the posts here are spot on

Unfortunately due to the above they aren't.

[katana]

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.

Anger towards her wasn't just directed from farangs. There were hate websites in Thai and Youtube videos set up attacking her from Thais as well.

I seem to remember the ownership of the car at the time was clouded in mystery and not directly revealed. However, I do recall an article in Thairath which didn't quite come out and say it, but alluded to the fact that the car was in fact her parents'.

Anyhow, despite avoiding a custodial sentence and being a 'hiso', I would imagine she will likely carry around tremendous guilt for the rest of her life.

She maintains she did no wrong, so I doubt she has or will ever have any feelings of guilt or remorse.

...With regard to the teenage driver, the media reports states she has not apologised to the families of those who died & denied any wrongdoing even though she wasn't licensed to drive. I personally cannot see, from media reports, what she has learned from these legal proceeding that would lead to her taking any responsibility for her actions.

I'm not sure that's quite right. At the time were pics of her in the Thai press visiting the hospital, prostrate and waiing at the feet of victims and family members.

Edited September 1, 2012 by katana

[barefoot1988]

wait a minute . . . she did get jailed for 2 years or what? im confused

[pedro01]

putting a girl that was 16 years old at the time of the incident, in jail helps no one. It doesn't help the dead & injured, and it is not how one deals with a kid that makes a serious unintentional error.

It helps other rich parents of 16 year olds decide whether to give their kids the car keys.

[happysanook]

Yes, people are dead. It was horrible, but she is a minor, and now she will have to live the rest of her life knowing all the pain and suffering she has caused. It was an accident, and I am sure the mini bus diver was driving at high speeds as well. Just because the diver of the van is deceased does not mean they did not contribute to the accident. We all have done stupid things when we were teenagers, so it amazes me that everyone here posts as if they are all saints.

A number of posts comment on the girl's age. 16 is the age many people start work, are allowed to drink alcohol, and consent to adult relationships in various countries. This girl was illegally driving, late and on her own. The reports don't mention what her activities were before the accident, or wether any tests were taken for drugs. However, she hardly appears to fit the image of a "16 year old innocent minor" who made one mistake.

How do you know if the mini bus driver was speeding? There has been nothing reported to indicate the driver did anything wrong, or contributed to this appalling accident.

This girl chose to ignore the law and drive whilst underage and without a driving license, was known to enjoy speeding (so presumably had a track record of driving known to her mum), drove recklessly and dangerously, and was responsible for an accident resulting in 9 deaths. She has received an incredibly light sentence due to her family's prominence and influence. She has shown no remorse and this sentence is unlikely to act in a correctional manner or as a deterent for others.

Justice is different for the rich and the poor. Sadly, this is true in many countries not just Thailand. If this girl had been the passenger in a car, driven by a qualified driver, and had been killed or injured in an accident attributed to a poor person, I wonder what the sentence would have been then.

She was a minor, makes no difference what age some people start to work. The reports do not say either way if tests were done for drugs or alcohol, so you are making assumptions. She IS a minor who made a mistake, and that mistake was driving at speed with no license. The rest is called an accident. We have all had them, some more severe than others. I am pretty sure she did not intend to crash with the van and kill people. I don't know if the van driver was speeding or not, but, I have yet to be in a van in BKK that does NOT speed, or one that has safety belts where people actually use them. You say she has no remorse, yet after the accident she was on the news visiting the hospital, crying and begging for forgiveness from the parents of the deceased. No remorse? She is human, a teenage girl that just killed 9 people by accident, and you think she does not regret her actions?

Dont hate her or or family because of wealth. You have no idea of what kind of settlements were made. This is Thailand and this is how things are handled. This was between the families of the victims, the girl and her family, and the courts.

No one hates her or her family. They hate the fact that she and/or her PARENTS who gave her the car didn't do any time.

You say people make mistakes, it's true...But, when's the last time you killed nine people? It's 9 counts of manslaughter, not jaywalking. I didn't see anyone saying throw the book at her..."Lock her away forever" or anything of the sort. The issue is the suspended sentence for willfully breaking the law which resulted in the deaths of 9 people. Yea, it's Thailand, and they have a right to dispense justice as they see fit, and we can be disgusted at it as well.

[happysanook]

wait a minute . . . she did get jailed for 2 years or what? im confused

No, it's something like probation. If she gets in trouble again within a certain amount of time or breaks probation, the 2 year sentence can be dispensed to her for no other reason than that she broke probation.

[chooka]

wait a minute . . . she did get jailed for 2 years or what? im confused

No, it's something like probation. If she gets in trouble again within a certain amount of time or breaks probation, the 2 year sentence can be dispensed to her for no other reason than that she broke probation.

True sort of like probation but if she slips up even for a minor offence then the police can breach her and front her before the courts on a charge of breaching a suspended sentence. The courts then have the option of making her serve the 2 years, give her extended time on the actual sentence or extending suspended sentence to say 3 1/2 years or whatever. On her criminal record it will still show that she was convicted of an offence and sentenced to 2 yrs regardless of whether she actual spent time in prison. Will make it extreemly hard for decent job prospects.

Having said all that and from what I hear, daddy being a high ranking police officer I doubt that she will be breached by the BIB for any offence less than murder.

[GeorgeO]

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

Justice in this country is an absolute farce and a disgrace to the nation.

[Nickymaster]

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.

Then the parents who gave her a car and knew she was driving it should be punished right? Same when if you give your child a gun and she kills somebody.

[bkkjames]

Yes Mario, not murder but vehicular homicide? The handling of this case is again no deterrent and will result in another mow down by a merc at a bus stop or similar that is washed away with suspended sentences, settled out of court (aka 40,000 baht).

48 hours of community service? a complete travesty.

[OzMick]

Then the parents who gave her a car and knew she was driving it should be punished right? Same when if you give your child a gun and she kills somebody.

The difference is that if I sent a 6yo to school with an AK47 and a full 30 shot magazine, it's unlikely that he'd kill 9 people.

[stiggy]

Tragic accident involving a minor.

The fact she comes from a wealthy family and the resulting carnage made it newsworthy, is the only reason you heard of this to start with.Accidents with multiple fatalitys happen regularly in Thailand and Asia,most make a small mention in the paper at best.

I have seen countless incidents (fatal) involving drunks driving and fatalitys here in Thailand, NONE have ever been imprisoned.Most get a fine of 5k and licence revoked if it ever gets to court.Compensation depends on class race etc ranging from 10k to 1 million bht.

I don't agree with this , but have seen enough here not to bay for blood from a minor that is doing exactly the same as the rest in this region and had an accident.

At least in this case the family had some form of reasonable monetary compensation, my accounts manager had 12000 bht when here father was killed by a A hole drunk driver for eg.

Edited September 2, 2012 by stiggy

[rixalex]

The father is not a Police Officer.

What is he then? I have a distinct recollection that when the accident occurred, he made a point of saying that as a police officer, he would not get involved or try to unfairly use his influence to help his daughter... which of course few believed. Did i imagine all that?

Arthur?

[Nickymaster]

Then the parents who gave her a car and knew she was driving it should be punished right? Same when if you give your child a gun and she kills somebody.

The difference is that if I sent a 6yo to school with an AK47 and a full 30 shot magazine, it's unlikely that he'd kill 9 people.

Forget about the numbers. Whether it is 1 or 9 people sadly being killed is not relevant in this discussion. But what if the kid accidentally killed someone after he/she got the gun from the parent? A car in the wrong hands can easily kill people.

Edited September 2, 2012 by Nickymaster

[DocN]

Guys...really????

A "mistake"? A "serious unintentional error"???

If a 7eleven- clerk, gives me 20 instead of 50 baht change...THAT is a mistake!

If I have to rush out of my door, leaving it unlocked and someone robs all my posessions....THAT is a seriousl unintentional error.

If a 16 year old is given a car, to drive, without a license and she is speeding (and well know to do it) and kills 9 people...in your eyes that is a "mistake"? An "unintentional error"?

The parents knew very well what they were doing (in a very perverted way), the little brat was knowing very well.

There is no "mistake", no "error", no "slight misjudgement" here!

In this country, when you are 16 you are old enough to marry, to have children, to have a family!But if you are getting behind the steerin- wheel of a car, although you have no licesen, simply because you are BY LAW too youn to get one...a car, that your PARENTS (adults!!!) bought you, although they knew, you were not allowed to drive it...and then you put the pedal to the metal...you suddenly turn into an innocent little child that made some "mistake"???

Get real!

[Lifer]

Yes, people are dead. It was horrible, but she is a minor, and now she will have to live the rest of her life knowing all the pain and suffering she has caused. It was an accident, and I am sure the mini bus diver was driving at high speeds as well. Just because the diver of the van is deceased does not mean they did not contribute to the accident. We all have done stupid things when we were teenagers, so it amazes me that everyone here posts as if they are all saints.

A number of posts comment on the girl's age. 16 is the age many people start work, are allowed to drink alcohol, and consent to adult relationships in various countries. This girl was illegally driving, late and on her own. The reports don't mention what her activities were before the accident, or wether any tests were taken for drugs. However, she hardly appears to fit the image of a "16 year old innocent minor" who made one mistake.

How do you know if the mini bus driver was speeding? There has been nothing reported to indicate the driver did anything wrong, or contributed to this appalling accident.

This girl chose to ignore the law and drive whilst underage and without a driving license, was known to enjoy speeding (so presumably had a track record of driving known to her mum), drove recklessly and dangerously, and was responsible for an accident resulting in 9 deaths. She has received an incredibly light sentence due to her family's prominence and influence. She has shown no remorse and this sentence is unlikely to act in a correctional manner or as a deterent for others.

Justice is different for the rich and the poor. Sadly, this is true in many countries not just Thailand. If this girl had been the passenger in a car, driven by a qualified driver, and had been killed or injured in an accident attributed to a poor person, I wonder what the sentence would have been then.

She was a minor, makes no difference what age some people start to work. The reports do not say either way if tests were done for drugs or alcohol, so you are making assumptions. She IS a minor who made a mistake, and that mistake was driving at speed with no license. The rest is called an accident. We have all had them, some more severe than others. I am pretty sure she did not intend to crash with the van and kill people. I don't know if the van driver was speeding or not, but, I have yet to be in a van in BKK that does NOT speed, or one that has safety belts where people actually use them. You say she has no remorse, yet after the accident she was on the news visiting the hospital, crying and begging for forgiveness from the parents of the deceased. No remorse? She is human, a teenage girl that just killed 9 people by accident, and you think she does not regret her actions?

Dont hate her or or family because of wealth. You have no idea of what kind of settlements were made. This is Thailand and this is how things are handled. This was between the families of the victims, the girl and her family, and the courts.

Another wise and mature post. Congrats.

[DocN]

In addition to my previous mail: there is a roadsign that says "80" - meaning that is the top-speed you are allowed to go- you check your meter.

If your meter says "120" and you are not slowing down...or you don't even bother checking it...it is no mistake, no error, not unintentional, no tragic accident!

It is careless (as in "I don't care"!) or negligent...to say the least!

Not enough that this whole family in question makes sad excuses for the tragic loss of innocent life- you do, too!

[FarangTalk]

Again, driving without a license is the only factor to consider. That singular illegal act means all the subsequent actions and consequences are her responsibility and her fault. No mistakes, no accidents, no misjudgment.

She knowingly committed an illegal act that let directly to the deaths of 9 innocent people.

The parents are equally negligent for allowing her use of the vehicle.

Until proper punishments are meted out to those who think the laws don't apply to them Thailand will never mover forward.