Red Bull Heir Worrayuth Faces Charge: Hit-And-Run Crash

[webfact]

FATAL HIT AND RUN

Red Bull heir faces charge

THE NATION

BANGKOK: -- Red Bull heir Worrayuth Yoovidhya will meet police tomorrow to acknowledge that he faces an additional charge of drunk driving over the hit-and-run crash in which a policeman was killed last week, Thong Lor police said yesterday.

Worrayuth, managing director of Krating Daeng Company, will be subject to heavier penalties if convicted, as sentences for drunk drivers are a minimum of three years up to 10 years, and/or a maximum fine of Bt200,000.

If he fails to show up at the police station at 2pm, Worrayuth may face an arrest warrant.

A butler at Worrayuth's house, Suwes Hom-ubol, who initially claimed to have driven a Ferrari and crashed into accident victim Pol Snr Sgt Major Wichean Klinprasert, has been indicted at Bangkok South Municipal Court for giving a false statement and assisting others to flee criminal action.

He pleaded not guilty to both offences.

Public prosecutors later ordered police to produce more evidence against him, with another hearing for indictment scheduled on Friday.

Conviction on either offence could see him jailed for two years and/or fined up to Bt4,000.

A senior investigator, Pol Maj General Anuchai Lekbamrung, said if the family of the victim and the suspect wanted to discuss compensatory damages they had to do it privately, separate from the prosecution process. He said the police investigation report on the hit-run and drunk driving matters should be completed by the end of the month.

Thong Lor station chief Pol Colonel Chumphol Phumphuang said the victim's brother was handling asset matters. His family would be entitled to posthumous welfare benefits worth around Bt1 million, he said.

Phornanant, the dead officer's brother, said the Yoovidhya family had not contacted him directly for possible talks over compensation. He said they may contact him soon through the police.

Another investigator, Pol Lt Col Akkharawint Sukhonthawit, said the importer of Ferraris told police he was not able to acquire data from the luxury coupe's "black box" to determine the speed or navigational details before and after Worrayuth's car hit Wichean. He could not tell police when they could contact the carmaker's experts to find out how to access that data.

-- The Nation 2012-09-11

[jackr]

minimum of three years up to 10 years, and/or a maximum fine of Bt200,000

Well we know which side of the 'and/or' it'll be. However, a part of me has a feeling they're going to stick it to him.

Is Red Bull red or yellow?

[theblether]

Do the whole country and make sure justice is seen to be done.

This is a landmark case now.....don't let the country down

[Puyai]

Pol Lt Col Akkharawint Sukhonthawit, said the importer of Ferraris told police he was not able to acquire data from the luxury coupe's "black box" to determine the speed or navigational details before and after Worrayuth's car hit Wichean.

Not surprising that since the family own a stake in the business..

Now is the time to Boycott Red Bull!!

http://www.facebook.com/pages/Boycott-Red-Bull/310917865673962

[FOODLOVER]

I will boycott Ferrari.

[RicFlair]

Exactly, you will never see me drinking a Red Bull in my Ferrari again.

Am just waiting for something to drag the investigation out, more evidence found etc, until it becomes yesterday's news and the PERSON accused gets away with it. Hope they nail him for it.

[softgeorge]

"A butler at Worrayuth's house, Suwes Hom-ubol, who initially claimed to have driven a Ferrari and crashed into accident victim Pol Snr Sgt Major Wichean Klinprasert, has been indicted at Bangkok South Municipal Court for giving a false statement and assisting others to flee criminal action"

The were quick to charge the butler and why do I get the feeling that he will face the full force of the law and probably be punished more severly than the driver who is the cause of all this.

There is no mention of the parents and police officer being indicted along with the Butler. Was the Butler acting alone in the attempt to pervert the course of justice or are the parents imune from prosecution. It has all come down to the "Butler did it" Personally I say let the Butler go and throw the book at the parents and Police Officer who used him as the attempted scape goat.

Edited September 10, 2012 by softgeorge

[JeremyBowskill]

RED bull, Ferrari is famous for being RED. Anyone else seeing another great chance for Takin bashing?

[noitom]

The exclusive Ferrari dealer in Thailand is Cavallino Motors, owned by the owner of Red Bull and the owner of Singha beer in partnership. http://www.cavallino.co.th/press.aspx It's no "coincidence" that the local Thai Ferrari dealer, Cavallino, has "no expertise" in diagnosing the car's black box.

Secondly, no "murder" charges yet? It's an obvious case of murder. The only question is what class of murder? Premeditated, negligent homicide - both compounded by drunk driving, or will this one be allowed to slide?

[maidu]

There is no mention of the parents and police officer being indicted along with the Butler. Was the Butler acting alone in the attempt to pervert the course of justice or are the parents imune from prosecution. It has all come down to the "Butler did it" Personally I say let the Butler go and throw the book at the parents and Police Officer who used him as the attempted scape goat.

My thoughts all along. The father should be investigated/indicted for obstructing justice and lying to a police officer and/or conspiring to file a false police report.

[chooka]

There is no mention of the parents and police officer being indicted along with the Butler. Was the Butler acting alone in the attempt to pervert the course of justice or are the parents imune from prosecution. It has all come down to the "Butler did it" Personally I say let the Butler go and throw the book at the parents and Police Officer who used him as the attempted scape goat.

My thoughts all along. The father should be investigated/indicted for obstructing justice and lying to a police officer and/or conspiring to file a false police report.

Another disgusting example of the Thai Justice system and where money talks (Screams). The parents will never be charged along with the Butler even tho they probably coherced him into playing a role. I am sure that it would not have been the Butler's idea to throw himself on the sword to protect the Rich Family. I would love to see pictures of the parents shackled along side the Butler being led into court but this will never happen. The driver, the parents and police officer will walk free and the Butler will do time in the BKK Hilton. Disgusting.

[GentlemanJim]

Why do I feel that the butler will do time and the criminal will walk free because he has 'no previous jail sentence'! It seems almost impossible to imagine the driver going to jail, I hope I am wrong.

Another investigator, Pol Lt Col Akkharawint Sukhonthawit, said the importer of Ferraris told police he was not able to acquire data from the luxury coupe's "black box" to determine the speed or navigational details before and after Worrayuth's car hit Wichean. He could not tell police when they could contact the carmaker's experts to find out how to access that data.

Well if I had any slight involvement in the case I would have a full answer by the end of the day including progress on when the information/data was going to be retrieved and no Ferrari dealership in Thailand would be permitted to touch the car, as they are all down the chain from...this family.

I did not know the car had such a data recording facility. Does this mean the route/speed/timings are stored (if so for a limited time I guess)? That would be an essential piece of data in terms of a prosecution. I am sure one call to Maranello would have an expert on his way from Italy tomorrow!

[noitom]

According to Thai Law:

Homicide in the Penal Code of Thailand is defined as an act of putting an end to another human being's life. Homicide is divided into three subcategories: murder, negligent murder, and manslaughter. Murder is defined as causing death to another person purposely. (The Penal Code of Thailand, § 288). A person acts purposely when he conducts with consciousness to cause a result or he is aware that his conduct will practically cause such a result. (The Penal Code of Thailand, § 59 paragraph 2). Negligent murder is butting and to another person's life by negligence. (The Penal Code of Thailand, §, 291). A person acts negligently when he conducts with a failure to exercise sufficient standard of care that a reasonable person would observe in the actor's situation. (The Penal Code of Thailand, § 59 paragraph 4). A person is guilty of Manslaughter if he, without purpose of causing death, causes bodily injury to another person leading to the death of such person. (The Penal Code of Thailand, § 290).

The entire article points out other insight.

Reference: http://www.thailawforum.com/articles/homicide-kanok.html

It sure looks like he acted with "malice aforethought" and also the drunk driving seriously raises the bar to a murder conviction. An "impartial court" in a fair and just system, could build a prosecution case on the basis that he had no real knowledge of the officer's state on impact (dead or alive), but that his fleeing the scene would clearly demonstrate "intent" to finish the job. Therefore, turning "negligent homicide" into premeditated murder. We really don't even know if the officer in fact was flagging him down for speeding and he decided to ram the motorcycle and take the human being out.

Follow on civil action for the plaintiff (the officer's family) would win a huge "wrongful death" litigation. This crime was especially heinous in that he was drunk, at high speed, he fled the scene after impact (premeditation), he dragged the human being to certain death (premeditation again) or he "intended" to kill him, and lastly the victim was a police officer on duty. In other words, he didn't accidentally hit him while alcohol and drug free and stop 10 yards later to try to help. But rather consciously decided to flee the scene compounded by the dragging of the motorcycle and the human being through two or more football fields of Bangkok streets. Then secretly parking in a private secluded residence, while household staff "bargained" with police to obstruct justice and attempt to "get him off the hook."

[Mosha]

"A butler at Worrayuth's house, Suwes Hom-ubol, who initially claimed to have driven a Ferrari and crashed into accident victim Pol Snr Sgt Major Wichean Klinprasert, has been indicted at Bangkok South Municipal Court for giving a false statement and assisting others to flee criminal action"

The were quick to charge the butler and why do I get the feeling that he will face the full force of the law and probably be punished more severly than the driver who is the cause of all this.

There is no mention of the parents and police officer being indicted along with the Butler. Was the Butler acting alone in the attempt to pervert the course of justice or are the parents imune from prosecution. It has all come down to the "Butler did it" Personally I say let the Butler go and throw the book at the parents and Police Officer who used him as the attempted scape goat.

The butler did it.

[whybother]

According to Thai Law:

Homicide in the Penal Code of Thailand is defined as an act of putting an end to another human being's life. Homicide is divided into three subcategories: murder, negligent murder, and manslaughter. Murder is defined as causing death to another person purposely. (The Penal Code of Thailand, § 288). A person acts purposely when he conducts with consciousness to cause a result or he is aware that his conduct will practically cause such a result. (The Penal Code of Thailand, § 59 paragraph 2). Negligent murder is butting and to another person's life by negligence. (The Penal Code of Thailand, §, 291). A person acts negligently when he conducts with a failure to exercise sufficient standard of care that a reasonable person would observe in the actor's situation. (The Penal Code of Thailand, § 59 paragraph 4). A person is guilty of Manslaughter if he, without purpose of causing death, causes bodily injury to another person leading to the death of such person. (The Penal Code of Thailand, § 290).

The entire article points out other insight.

Reference: http://www.thailawfo...cide-kanok.html

It sure looks like he acted with "malice aforethought" and also the drunk driving seriously raises the bar to a murder conviction. An "impartial court" in a fair and just system, could build a prosecution case on the basis that he had no real knowledge of the officer's state on impact (dead or alive), but that his fleeing the scene would clearly demonstrate "intent" to finish the job. Therefore, turning "negligent homicide" into premeditated murder. We really don't even know if the officer in fact was flagging him down for speeding and he decided to ram the motorcycle and take the human being out.

Follow on civil action for the plaintiff (the officer's family) would win a huge "wrongful death" litigation. This crime was especially heinous in that he was drunk, at high speed, he fled the scene after impact (premeditation), he dragged the human being to certain death (premeditation again) or he "intended" to kill him, and lastly the victim was a police officer on duty. In other words, he didn't accidentally hit him while alcohol and drug free and stop 10 yards later to try to help. But rather consciously decided to flee the scene compounded by the dragging of the motorcycle and the human being through two or more football fields of Bangkok streets. Then secretly parking in a private secluded residence, while household staff "bargained" with police to obstruct justice and attempt to "get him off the hook."

Fleeing after the fact is not "premeditation". "Pre" means before. Premeditated would imply that he got into his car with the intention to kill someone. It might have been likely that he would kill someone, given the speed and the drinking, but that doesn't jump to "intended" or "premeditated".

Even dragging him along after the accident wouldn't be "premeditated". Being in shock, or so drunk, he didn't realise what he was doing. Fleeing the scene would mean that he didn't want to know about what he did. I don't know how you go from that to "intent to finish the job".

Manslaughter. Yes. Premeditated murder. Not even close.

[asiawatcher]

Seems everyone including the Ferrari supplier is in this guys pocket.

"... the importer of Ferraris told police he was not able to acquire data from the luxury coupe's "black box" to determine the speed or navigational details before and after Worrayuth's car hit Wichean. He could not tell police when they could contact the carmaker's experts to find out how to access that data.

What a crock of <deleted>. Throw the book at this irresponsible rich kid. And a THB200,000 fine and USD35,000 compensation to the family? Just make sure he gets the full 10 years.

[smedly]

we all know that most Thais flee the scene after an accident and some even say under Thai law there is no requirement for them to stop and therein is the big problem, this guy wasn't interviewed by police for several hours after this incident I think I read here 6 hours, very difficult to hit him with a Drunk driving charge after that length of time - in my opinion impossible to prove, also already stated in another thread - he did not drag the victim along the road and looking at the car and the nature of the accident I'd also find it hard to believe that he did, so what are we left with, speeding - death by dangerous driving - leaving the scene of an accident - not reporting the accident, I don't know what the Thai laws are but there's not much more to be made of this unfortunately

Edited September 11, 2012 by smedly

[jerrysteve]

The Butler will probably do more time for making false statements (nothing new about that), than WORRAYUTH.

We hope the INTERNATIONAL PRESS stays on top of this like STINK ON DOG POOP!!

[noitom]

According to Thai Law:

Homicide in the Penal Code of Thailand is defined as an act of putting an end to another human being's life. Homicide is divided into three subcategories: murder, negligent murder, and manslaughter. Murder is defined as causing death to another person purposely. (The Penal Code of Thailand, § 288). A person acts purposely when he conducts with consciousness to cause a result or he is aware that his conduct will practically cause such a result. (The Penal Code of Thailand, § 59 paragraph 2). Negligent murder is butting and to another person's life by negligence. (The Penal Code of Thailand, §, 291). A person acts negligently when he conducts with a failure to exercise sufficient standard of care that a reasonable person would observe in the actor's situation. (The Penal Code of Thailand, § 59 paragraph 4). A person is guilty of Manslaughter if he, without purpose of causing death, causes bodily injury to another person leading to the death of such person. (The Penal Code of Thailand, § 290).

The entire article points out other insight.

Reference: http://www.thailawfo...cide-kanok.html

It sure looks like he acted with "malice aforethought" and also the drunk driving seriously raises the bar to a murder conviction. An "impartial court" in a fair and just system, could build a prosecution case on the basis that he had no real knowledge of the officer's state on impact (dead or alive), but that his fleeing the scene would clearly demonstrate "intent" to finish the job. Therefore, turning "negligent homicide" into premeditated murder. We really don't even know if the officer in fact was flagging him down for speeding and he decided to ram the motorcycle and take the human being out.

Follow on civil action for the plaintiff (the officer's family) would win a huge "wrongful death" litigation. This crime was especially heinous in that he was drunk, at high speed, he fled the scene after impact (premeditation), he dragged the human being to certain death (premeditation again) or he "intended" to kill him, and lastly the victim was a police officer on duty. In other words, he didn't accidentally hit him while alcohol and drug free and stop 10 yards later to try to help. But rather consciously decided to flee the scene compounded by the dragging of the motorcycle and the human being through two or more football fields of Bangkok streets. Then secretly parking in a private secluded residence, while household staff "bargained" with police to obstruct justice and attempt to "get him off the hook."

Fleeing after the fact is not "premeditation". "Pre" means before. Premeditated would imply that he got into his car with the intention to kill someone. It might have been likely that he would kill someone, given the speed and the drinking, but that doesn't jump to "intended" or "premeditated".

Even dragging him along after the accident wouldn't be "premeditated". Being in shock, or so drunk, he didn't realise what he was doing. Fleeing the scene would mean that he didn't want to know about what he did. I don't know how you go from that to "intent to finish the job".

Manslaughter. Yes. Premeditated murder. Not even close.

The Thai law is clear that if he was aware that his action would surely cause death then it is clearly murder in the first condition. We really don't know the circumstances of how and why he hit the motorcycle from behind or how long after impact he sped off. Once that is established, then you can decide and aware thought to kill him by dragging or not

As previous news reported the motorcycle dropped off at Soi 49 and the human being at Soi 53 and Sukhumvit - so he came up from Soi 47 turned left to Soi 49 with both the motorcycle and human stuck to the windshield or hanging off. The news further stated that the body dropped off the Ferrari at the corner of Soi 53 and Sukhumvit before he turned into his garage on Soi 53.

It's implausible to believe or prove that he was trying to do anything but get away while certainly "assuring death" while he was fleeing with the motorcycle and the human being attached to the Ferrari flopping against the asphalt for two football fields. If forensics/autopsy show that he was dead on impact (eg. broken neck) then it was merely drunk dring negligent homicide. If he died after dragging, you could attach the element of "malice aforethought" even if it was momentary.

Why in the world would you say merely "manslaughter" without negligence when he was drunk, fled the scene, was aware that the body was being dragged, and then to top it off was complicit in obstruction of justice to bargain another human into taking the fall.

[chooka]

we all know that most Thais flee the scene after an accident and some even say under Thai law there is no requirement for them to stop and therein is the big problem, this guy wasn't interviewed by police for several hours after this incident I think I read here 6 hours, very difficult to hit him with a Drunk driving charge after that length of time - in my opinion impossible to prove, also already stated in another thread - he did not drag the victim along the road and looking at the car and the nature of the accident I'd also find it hard to believe that he did, so what are we left with, speeding - death by dangerous driving - leaving the scene of an accident - not reporting the accident, I don't know what the Thai laws are but there's not much more to be made of this unfortunately

True. I do not know much about drink driving laws in Thailand or what thier time requirements are but as time passes it does become more difficult. I know in Melbourne the driver must be breathe tested in the 1st 3 hours of being involved in a collision after that there is no legal requirement to undergo a breath test. The very 1st thing an officer will do even before questioning is put a requirement for a preliminary breath test. If the driver is taken to hospital Doctors and medical staff are required by law to take a blood sample on arrival.

[whybother]

The Thai law is clear that if he was aware that his action would surely cause death then it is clearly murder in the first condition. We really don't know the circumstances of how and why he hit the motorcycle from behind or how long after impact he sped off. Once that is established, then you can decide and aware thought to kill him by dragging or not

As previous news reported the motorcycle dropped off at Soi 49 and the human being at Soi 53 and Sukhumvit - so he came up from Soi 47 turned left to Soi 49 with both the motorcycle and human stuck to the windshield or hanging off. The news further stated that the body dropped off the Ferrari at the corner of Soi 53 and Sukhumvit before he turned into his garage on Soi 53.

It's implausible to believe or prove that he was trying to do anything but get away while certainly "assuring death" while he was fleeing with the motorcycle and the human being attached to the Ferrari flopping against the asphalt for two football fields. If forensics/autopsy show that he was dead on impact (eg. broken neck) then it was merely drunk dring negligent homicide. If he died after dragging, you could attach the element of "malice aforethought" even if it was momentary.

Why in the world would you say merely "manslaughter" without negligence when he was drunk, fled the scene, was aware that the body was being dragged, and then to top it off was complicit in obstruction of justice to bargain another human into taking the fall.

I would doubt very much that he would have been "aware" that getting in the car would have caused someone's death. There is nothing to suggest that he planned to kill someone. So that takes "premeditated" off the table.

I wasn't necessarily suggesting that it was only manslaughter, but I doubt it was premeditated murder. Even his actions after hitting him don't make it "premeditated" ... seeing as they happened during or after the event.

[ttelise]

According to Thai Law:

Homicide in the Penal Code of Thailand is defined as an act of putting an end to another human being's life. Homicide is divided into three subcategories: murder, negligent murder, and manslaughter. Murder is defined as causing death to another person purposely. (The Penal Code of Thailand, § 288). A person acts purposely when he conducts with consciousness to cause a result or he is aware that his conduct will practically cause such a result. (The Penal Code of Thailand, § 59 paragraph 2). Negligent murder is butting and to another person's life by negligence. (The Penal Code of Thailand, §, 291). A person acts negligently when he conducts with a failure to exercise sufficient standard of care that a reasonable person would observe in the actor's situation. (The Penal Code of Thailand, § 59 paragraph 4). A person is guilty of Manslaughter if he, without purpose of causing death, causes bodily injury to another person leading to the death of such person. (The Penal Code of Thailand, § 290).

The entire article points out other insight.

Reference: http://www.thailawfo...cide-kanok.html

It sure looks like he acted with "malice aforethought" and also the drunk driving seriously raises the bar to a murder conviction. An "impartial court" in a fair and just system, could build a prosecution case on the basis that he had no real knowledge of the officer's state on impact (dead or alive), but that his fleeing the scene would clearly demonstrate "intent" to finish the job. Therefore, turning "negligent homicide" into premeditated murder. We really don't even know if the officer in fact was flagging him down for speeding and he decided to ram the motorcycle and take the human being out.

Follow on civil action for the plaintiff (the officer's family) would win a huge "wrongful death" litigation. This crime was especially heinous in that he was drunk, at high speed, he fled the scene after impact (premeditation), he dragged the human being to certain death (premeditation again) or he "intended" to kill him, and lastly the victim was a police officer on duty. In other words, he didn't accidentally hit him while alcohol and drug free and stop 10 yards later to try to help. But rather consciously decided to flee the scene compounded by the dragging of the motorcycle and the human being through two or more football fields of Bangkok streets. Then secretly parking in a private secluded residence, while household staff "bargained" with police to obstruct justice and attempt to "get him off the hook."

Fleeing after the fact is not "premeditation". "Pre" means before. Premeditated would imply that he got into his car with the intention to kill someone. It might have been likely that he would kill someone, given the speed and the drinking, but that doesn't jump to "intended" or "premeditated".

Even dragging him along after the accident wouldn't be "premeditated". Being in shock, or so drunk, he didn't realise what he was doing. Fleeing the scene would mean that he didn't want to know about what he did. I don't know how you go from that to "intent to finish the job".

Manslaughter. Yes. Premeditated murder. Not even close.

Technically, premeditation cam be formed in an instant. He could meet mens rea of premeditation if he saw cop and intentionally ran into him or if he accidentally hit him, knew he was still alive and pinned under car and proceeded to drive off in an effort to kill him or off his witness. No different if he got out of car, saw he was still alive and shot him to off him as a witness.

[chooka]

The Butler will probably do more time for making false statements (nothing new about that), than WORRAYUTH.

We hope the INTERNATIONAL PRESS stays on top of this like STINK ON DOG POOP!!

Sad fact, but also very very wrong. The co defendants in the attempt to pervert the course of justice matter being the Police Officer and the Parents should be appearing in court alongside the butler on the same charges. Sadly the Butler is the fall guy and the others are imune to prosectution due to thier status in society.

[silsburyhill]

This pointless case with it's ridiculous 200k/4k 'either/or's', the Public Attorney now asking for more evidence and 'cannot access black box' is the typical Thai way of showing something to having at least attempted to be done and sod all will happen.

All this debacle will do is further enforce what everyone here knows and that is Money Is God and screw your justice. Waste of time (and they're very good at that, m.o. here, 'keep everyone hanging around until they get bored and bugger off'). As per.

[jeffcool]

Why do I feel that the butler will do time and the criminal will walk free because he has 'no previous jail sentence'! It seems almost impossible to imagine the driver going to jail, I hope I am wrong.

Another investigator, Pol Lt Col Akkharawint Sukhonthawit, said the importer of Ferraris told police he was not able to acquire data from the luxury coupe's "black box" to determine the speed or navigational details before and after Worrayuth's car hit Wichean. He could not tell police when they could contact the carmaker's experts to find out how to access that data.

Well if I had any slight involvement in the case I would have a full answer by the end of the day including progress on when the information/data was going to be retrieved and no Ferrari dealership in Thailand would be permitted to touch the car, as they are all down the chain from...this family.

I did not know the car had such a data recording facility. Does this mean the route/speed/timings are stored (if so for a limited time I guess)? That would be an essential piece of data in terms of a prosecution. I am sure one call to Maranello would have an expert on his way from Italy tomorrow!

That "expert" should have been here 2 days ago, already..... Just from Ferrarri point of view and image.....

Anyway, can't believe the "CSI" Bangkok finest haven't got a young lad who can use a bit of technology.....

But then again.... TIT

[trainman34014]

Don't know if it's permissible in Thai law but I think the afflicted family should bring in a Ferrari expert from another country to read the contents of the ECU, if it is going to drive more nails into the offender. It's quite ridiculous and outrageous for the Ferrari importers to even suggest that they don't have the tech' to read an ECU. Just the usual disgusting cover up applied to everything when HIgh So's are involved. However; IMO the ratbags speed when he killed this Man doesn't really matter much; it's the appalling way he ran away and left a Man to die while he rushed home to talk to Daddy, and the way they then colluded to find a Patsy, involving people who had no part in the offences,and their appalling lack of care for fellow Human Beings that needs sorting. Someone, somewhere needs to start making examples of these excuses for people who will tell you they are 'Good Buddhists' .

[Payboy]

importer of Ferraris told police he was not able to acquire data from the luxury coupe's "black box"

Not surprising considering that most importers think their service is limited to oil changes and wiper fluid top-up.

Edited September 11, 2012 by Payboy

[Curt1591]

.....

I wasn't necessarily suggesting that it was only manslaughter, but I doubt it was premeditated murder. Even his actions after hitting him don't make it "premeditated" ... seeing as they happened during or after the event.

The was the suggestion that the initial impact didn't kill the officer, but dragging him down the road did - the "choice" to flee. That, coupled with the fact that the driver didn't choose stop to see if there was anything that can be done, might just be seen as "premeditation" is some eyes.

[davejones]

According to Thai Law:

Homicide in the Penal Code of Thailand is defined as an act of putting an end to another human being's life. Homicide is divided into three subcategories: murder, negligent murder, and manslaughter. Murder is defined as causing death to another person purposely. (The Penal Code of Thailand, § 288). A person acts purposely when he conducts with consciousness to cause a result or he is aware that his conduct will practically cause such a result. (The Penal Code of Thailand, § 59 paragraph 2). Negligent murder is butting and to another person's life by negligence. (The Penal Code of Thailand, §, 291). A person acts negligently when he conducts with a failure to exercise sufficient standard of care that a reasonable person would observe in the actor's situation. (The Penal Code of Thailand, § 59 paragraph 4). A person is guilty of Manslaughter if he, without purpose of causing death, causes bodily injury to another person leading to the death of such person. (The Penal Code of Thailand, § 290).

The entire article points out other insight.

Reference: http://www.thailawfo...cide-kanok.html

It sure looks like he acted with "malice aforethought" and also the drunk driving seriously raises the bar to a murder conviction. An "impartial court" in a fair and just system, could build a prosecution case on the basis that he had no real knowledge of the officer's state on impact (dead or alive), but that his fleeing the scene would clearly demonstrate "intent" to finish the job. Therefore, turning "negligent homicide" into premeditated murder. We really don't even know if the officer in fact was flagging him down for speeding and he decided to ram the motorcycle and take the human being out.

Follow on civil action for the plaintiff (the officer's family) would win a huge "wrongful death" litigation. This crime was especially heinous in that he was drunk, at high speed, he fled the scene after impact (premeditation), he dragged the human being to certain death (premeditation again) or he "intended" to kill him, and lastly the victim was a police officer on duty. In other words, he didn't accidentally hit him while alcohol and drug free and stop 10 yards later to try to help. But rather consciously decided to flee the scene compounded by the dragging of the motorcycle and the human being through two or more football fields of Bangkok streets. Then secretly parking in a private secluded residence, while household staff "bargained" with police to obstruct justice and attempt to "get him off the hook."

Fleeing after the fact is not "premeditation". "Pre" means before. Premeditated would imply that he got into his car with the intention to kill someone. It might have been likely that he would kill someone, given the speed and the drinking, but that doesn't jump to "intended" or "premeditated".

Even dragging him along after the accident wouldn't be "premeditated". Being in shock, or so drunk, he didn't realise what he was doing. Fleeing the scene would mean that he didn't want to know about what he did. I don't know how you go from that to "intent to finish the job".

Manslaughter. Yes. Premeditated murder. Not even close.

But didn't another court case say it was murder if the driver didn't stop and dragged the body. Don't forget that the laws in Thailand are different to UK, USA, etc.

[trainman34014]

According to Thai Law:

Homicide in the Penal Code of Thailand is defined as an act of putting an end to another human being's life. Homicide is divided into three subcategories: murder, negligent murder, and manslaughter. Murder is defined as causing death to another person purposely. (The Penal Code of Thailand, § 288). A person acts purposely when he conducts with consciousness to cause a result or he is aware that his conduct will practically cause such a result. (The Penal Code of Thailand, § 59 paragraph 2). Negligent murder is butting and to another person's life by negligence. (The Penal Code of Thailand, §, 291). A person acts negligently when he conducts with a failure to exercise sufficient standard of care that a reasonable person would observe in the actor's situation. (The Penal Code of Thailand, § 59 paragraph 4). A person is guilty of Manslaughter if he, without purpose of causing death, causes bodily injury to another person leading to the death of such person. (The Penal Code of Thailand, § 290).

The entire article points out other insight.

Reference: http://www.thailawfo...cide-kanok.html

It sure looks like he acted with "malice aforethought" and also the drunk driving seriously raises the bar to a murder conviction. An "impartial court" in a fair and just system, could build a prosecution case on the basis that he had no real knowledge of the officer's state on impact (dead or alive), but that his fleeing the scene would clearly demonstrate "intent" to finish the job. Therefore, turning "negligent homicide" into premeditated murder. We really don't even know if the officer in fact was flagging him down for speeding and he decided to ram the motorcycle and take the human being out.

Follow on civil action for the plaintiff (the officer's family) would win a huge "wrongful death" litigation. This crime was especially heinous in that he was drunk, at high speed, he fled the scene after impact (premeditation), he dragged the human being to certain death (premeditation again) or he "intended" to kill him, and lastly the victim was a police officer on duty. In other words, he didn't accidentally hit him while alcohol and drug free and stop 10 yards later to try to help. But rather consciously decided to flee the scene compounded by the dragging of the motorcycle and the human being through two or more football fields of Bangkok streets. Then secretly parking in a private secluded residence, while household staff "bargained" with police to obstruct justice and attempt to "get him off the hook."

Fleeing after the fact is not "premeditation". "Pre" means before. Premeditated would imply that he got into his car with the intention to kill someone. It might have been likely that he would kill someone, given the speed and the drinking, but that doesn't jump to "intended" or "premeditated".

Even dragging him along after the accident wouldn't be "premeditated". Being in shock, or so drunk, he didn't realise what he was doing. Fleeing the scene would mean that he didn't want to know about what he did. I don't know how you go from that to "intent to finish the job".

Manslaughter. Yes. Premeditated murder. Not even close.

But didn't another court case say it was murder if the driver didn't stop and dragged the body. Don't forget that the laws in Thailand are different to UK, USA, etc.

In Europe this would never be classed as 'Murder'. The driver would be charged with' Causing death by dangerous driving', 'drunk driving', 'leaving the scene of an accident', 'failing to report an accident'....and that would be just the driving charges, which would get him 10 years in the slammer. Wouldn't matter who he was or what he was, in he would go. Apart from that he would also be up for 'Perverting the course of justice', as would other members of the family, the bent Copper and , of course, the Butler. The afflicted family would also have the personal right to sue all these parties in the Civil Courts, and the Courts have the power to relieve the offenders of personal possessions like House's, Car's, Boat's etc etc.