Thailand: Miscarriage of justice in Sherry Ann murder case

[webfact]

Miscarriage of justice in Sherry Ann murder case
The Nation

The last 13 years of life were stolen from Rungchalerm Kanok-chavalchai, Pitak Kakhai and Thawat Kitprayoon. They spent it, unnecessarily and wrongfully, in Bang Khwang Prison. The three, along with Krasae Ployklum, were accused of murdering Thai-American teenager Sherry Ann Duncan in 1990.

They died in prison. Rungchalerm Kanok-chavalchai died of heart failure in 1991, while Pitak Kakhai and Thawat Kitprayoon died a few months after being released in 1999. The Civil Court awarded the victims and their families Bt26 million in damages for the wrongful convictions.

On July 22, 1986, the teenager, later identified as Sherry Ann, was abducted on her way home from school. She was dragged into a taxi and her body was later found dumped on Sukhumvit Road in Samut Prakan.

A police team headed by Colonel Mongkol Sripho arrested Winai Chaipanit, 41, a construction contractor and Sherry Ann's boyfriend. Four other men - thought to be either Winai's employees or business associates - were also charged with premeditated murder.

In July 1990 the Samut Prakan Provincial Court dismissed the case against Winai. At the same time it handed down four death sentences. An appeals court in January 1992 dismissed the case against the three surviving men - Rungchalerm had died the previous October while in jail - but they remained in detention after the prosecution referred the case to the Supreme Court.

At that time Winai petitioned the National Police Office, claiming the men had been wrongfully convicted on false evidence. A police fact-finding committee concluded Mongkol had hired a tuk-tuk driver, Pramoen Pochplad, to proffer false testimony against the four defendants. In March 1993 the Supreme Court upheld the appeals court's verdict, and the three men were freed.

Colonel Mongkol, a former investigation chief in charge of the Sherry Ann case, was found guilty of dereliction of duty. The Royal Thai Police ordered that he be fired from the service, effective retroactively from October 1993.

However, Mongkol resigned before the order was issued. He escaped criminal proceedings and later disappeared from Thailand. Documents now show he settled down in the United States more than six years ago.

Other investigators in the case received career advancements before retiring from service. To this date, none faces criminal action.


-- The Nation 2013-06-17

[NongKhaiKid]

Unfortunately just another statistic in a long list of miscarriages and where those responsible do not themselves face justice in fact the exact opposite for many who are promoted, commended etc.

[Tatsujin]

Other investigators in the case received career advancements before retiring from service. To this date, none faces criminal action.

No surprises here then . . . position and connections count for everything in this ass-about-face country when it comes to their version of the "law".

[tomross46]

Still the case has not been solved.

[FarangTalk]

Colonel Mongkol, a former investigation chief in charge of the Sherry Ann case, was found guilty of dereliction of duty. The Royal Thai Police ordered that he be fired from the service, effective retroactively from October 1993.

However, Mongkol resigned before the order was issued. He escaped criminal proceedings and later disappeared from Thailand. Documents now show he settled down in the United States more than six years ago.

Another cowardly, spineless Thai official running away from justice!

Why no extradition requests from Thailand to the US?

[FarangTalk]

Still the case has not been solved.

Of course not, they couldn't make a cup of coffee let alone conduct a proper criminal investigation.

[Curt1591]

Thai appeals are a joke. All it takes to "overturn" a conviction is to schedule a hearing when the prosecution won't show up.

Involved in a case where the prosecuting attorney told the the victim's family that the family didn't need to show "It's just an appeal".

We all showed up, except for the family's attorney.

Judge denied the appeal and the victim's attorney hasn't been heard from since!

[LomSak27]

Why no extradition requests from Thailand to the US?

Still the case has not been solved

Well come on this is an article from The Nation!!

The case was solved the person who hired the murder's convicted and then AQUITTED or released in the Pu Yai perp walk - Unfortunatly that is not mentioned in the article - Go Nation GO Team!

I don't know how many times this comes up!! Thailand and the US (like the US and Brazil) have an extradition treaty of sorts BUT its not a REGULAR treaty like with many other countries. In fact it may be worth more than the paper it is written on but that might be open for argument.

Basically they extradite if they want to - DOUBT they want to.

A note The Nation also fails to mention and cannot mention that this error, this false imprisonment was brought to light by the tireless work of Sherry Anns father who lives in the US (and will never come to Thailand again!)

[Pikeybkk]

Colonel Mongkol, a former investigation chief in charge of the Sherry Ann case, was found guilty of dereliction of duty. The Royal Thai Police ordered that he be fired from the service, effective retroactively from October 1993.

However, Mongkol resigned before the order was issued. He escaped criminal proceedings and later disappeared from Thailand. Documents now show he settled down in the United States more than six years ago.

Another cowardly, spineless Thai official running away from justice!

Why no extradition requests from Thailand to the US?

there is an extradition treaty, they have just deported a number of americans with the extradition treaty, but in order to extradite the gov't has to request it

[Mampara]

Other investigators in the case received career advancements before retiring from service. To this date, none faces criminal action.

No surprises here then . . . position and connections count for everything in this ass-about-face country when it comes to their version of the "law".

Why do we always think that money can clear problems, 26mil does not bring a life back.

[TomTao]

The question still remains, who was the real killer? Was the killer related to or otherwise connected to one of the investigating officers? Was the killer in a position of authority who had influence over the investigating officers? Or was the killer someone who has considerable wealth and was thereby afforded police protection? Hopefully the truth will be made known one day, not too far in future I hope.

[Tatsujin]

Other investigators in the case received career advancements before retiring from service. To this date, none faces criminal action.

No surprises here then . . . position and connections count for everything in this ass-about-face country when it comes to their version of the "law".

Why do we always think that money can clear problems, 26mil does not bring a life back.

I'll be nice with this answer. If you've not lived here long, then you perhaps haven't seen that indeed money/power/connections/influence can solve ANY problem here. That's how the country works.

[EyesWideOpen]

Continued evidence that the pack of corrupt fools collectively known as the " Royal" Thai Police , has a single function which is to collect money. Actually solving crime and correctly punishing criminals is simply not a part of their job...... Sad cases like this one bring this fact to life.

[SOTIRIOS]

Still the case has not been solved.

...cases that are solved....but with unfavorable details or consequences.....will never come to light....

(..that is why there are so many false convictions....as indicated in this case....intentional....)

[LomSak27]

The question still remains, who was the real killer?

There is no real question of who hired the killers and never was.

This is an old case and the Nation article is NOT mentioning any of the backstory because it is so foul, they would like to forget MAJOR parts of it, that selective memory thing - again.

. Then again mentioning who was arrested, tried, convicted and then released might be detrimental to reporters long term health.

[Emdog]

"Why do we always think that money can clear problems, 26mil does not bring a life back." True, but unless I am mistaken, the tecnology doesn't exist to bring back a life. Money is a poor substitute, but it is the best that can be offered. In a country where abortion is illegal, there certainly are lots of miscarriages and still births when it comes to "justice".

[clockman]

Welcome to justice, Thai style.!!!!!!!!!!

[EyesWideOpen]

The question still remains, who was the real killer?

There is no real question of who hired the killers and never was.

This is an old case and the Nation article is NOT mentioning any of the backstory because it is so foul, they would like to forget MAJOR parts of it, that selective memory thing - again.

. Then again mentioning who was arrested, tried, convicted and then released might be detrimental to reporters long term health.

Now I am curious. So who did it ? Winai , or Suviboon, the jealous other girlfriend of the Thai man ?? Well this case certainly proves the rumor that the Thai police are not afraid to stitch somebody up with false evidence.

God help anyone caught up in the Thai " justice" system..

[mrtoad]

Still the case has not been solved.

It's fairly well known who was responsible, but they will never be prosecuted and sentenced for it. Money Talks and Criminals walk - not surprising when the real PM of Thailand is also a convicted criminal on the run.

[cup-O-coffee]

...and I am supposed to be surprised that this goes on in Thailand? This is their version of normal, so why complain about it in a foreign read newspaper? Where is the coverage in any Thai read newspapers; and will anyone do anything about it, or simply toss on their smouldering memories, only to be ignited (with all the other smouldering, vague memories) in a blind rage of blood lust at the next rally or protest?

My point is not about what this article describes, since so much has happened, and yet still nothing is being done about the aftermath. Rather instead, my point is about what seems to be the Thais not seeming to really get riled up about any singular issue, but instead letting a whole lot of pressure from many issues build within their minds, to a breaking point, before something stupid happens to trigger their blood lust and lunacy. 99% flight (avoidance) / 1% fight (lunacy), but it is the 1% I fear.

[H1w4yR1da]

I came to Thailand just after this murder became well-known. If you do some research online, you'll find it is, like the Saudi Blue Diamond affair, a very interesting case. And also a rather sad one as the victim's family didn't receive closure and innocent people were convicted by corrupt police. The actual mastermind behind the murder is obvious. Try a search. Interesting reading.

[HairyMilton]

Other investigators in the case received career advancements before retiring from service. To this date, none faces criminal action.

No surprises here then . . . position and connections count for everything in this ass-about-face country when it comes to their version of the "law".

Why do we always think that money can clear problems, 26mil does not bring a life back.

It's not intended to, it's simply compensation as is accepted in most judicial systems. How else would an individual or the family be compensated?

[Tatsujin]

Other investigators in the case received career advancements before retiring from service. To this date, none faces criminal action.

No surprises here then . . . position and connections count for everything in this ass-about-face country when it comes to their version of the "law".

Why do we always think that money can clear problems, 26mil does not bring a life back.

I was commenting on the farce of a legal system here with respect to people with money and/or connections, I was not commenting on whether monetary compensation to the victims is appropriate or not or whether the amounts are "appropriate".

[khunken]

Why is the Nation printing this now when there is really nothing new to report? I'm not saying they're wrong to print it but there's more to it than meets the eye.

Could they be trying to draw a parallel between the police stitching up scapegoats in the Sherry Ann case and the same thing happening in the Akeyuth case.

Or is this just my suspicious mind?

[GentlemanJim]

And as we chat away on here, how many other innocents languish in Bang Khwang or any of the other Thai prisons as a result of corrupt police and/or Judiciary? A scary thought.

[guru]

The question still remains, who was the real killer?

There is no real question of who hired the killers and never was.

This is an old case and the Nation article is NOT mentioning any of the backstory because it is so foul, they would like to forget MAJOR parts of it, that selective memory thing - again.

. Then again mentioning who was arrested, tried, convicted and then released might be detrimental to reporters long term health.

Now I am curious. So who did it ? Winai , or Suviboon, the jealous other girlfriend of the Thai man ?? Well this case certainly proves the rumor that the Thai police are not afraid to stitch somebody up with false evidence.

God help anyone caught up in the Thai " justice" system..

New light was shed on the case in 1995, when a woman brought a wristwatch to police, saying her husband had taken it from Duncan after he strangled her in a taxi and dumped her body on busy Sukhumvit Road. The plot thickened when the husband and his brother were caught by police and confessed, alleging they were hired by Suwibol Patpongpanit, daughter of the owner of Bangkok's notorious Patpong Road red-light district, to kill Duncan because she was having an affair with Suwibol's husband.

http://www.scmp.com/article/431547/botched-murder-inquiries-haunt-thai-police

and from an earlier Nation article:

http://news.google.com/newspapers?nid=437&dat=19970806&id=rqouAAAAIBAJ&sjid=AjIDAAAAIBAJ&pg=2422,2398526

Edited June 17, 2013 by guru

[metisdead]

Off topic posts and replies have been removed.

[chunking]

The question still remains, who was the real killer?

There is no real question of who hired the killers and never was.

This is an old case and the Nation article is NOT mentioning any of the backstory because it is so foul, they would like to forget MAJOR parts of it, that selective memory thing - again.

. Then again mentioning who was arrested, tried, convicted and then released might be detrimental to reporters long term health.

Now I am curious. So who did it ? Winai , or Suviboon, the jealous other girlfriend of the Thai man ?? Well this case certainly proves the rumor that the Thai police are not afraid to stitch somebody up with false evidence.

God help anyone caught up in the Thai " justice" system..

I know,that it all had happened around Grand Tower Hotel where victim stayed - go there and look around.

Thais made movie about this horrific story.Anybody in Thai Visa remember its title by chance?

You can watch it as well.Then you can ask your senator in USA,why your country had given refuge to main perpetrators of that horrific crime?

You can also ask US embassy - who gave them visas?

[EyesWideOpen]

The question still remains, who was the real killer?

There is no real question of who hired the killers and never was.

This is an old case and the Nation article is NOT mentioning any of the backstory because it is so foul, they would like to forget MAJOR parts of it, that selective memory thing - again.

. Then again mentioning who was arrested, tried, convicted and then released might be detrimental to reporters long term health.

Now I am curious. So who did it ? Winai , or Suviboon, the jealous other girlfriend of the Thai man ?? Well this case certainly proves the rumor that the Thai police are not afraid to stitch somebody up with false evidence.

God help anyone caught up in the Thai " justice" system..

I know,that it all had happened around Grand Tower Hotel where victim stayed - go there and look around.

Thais made movie about this horrific story.Anybody in Thai Visa remember its title by chance?

You can watch it as well.Then you can ask your senator in USA,why your country had given refuge to main perpetrators of that horrific crime?

You can also ask US embassy - who gave them visas?

Name of the movie is " Sherry Ann". I tried to find it as a torrent download but could not. Since the movie is made in Thailand, I suspect it will be a pretty watered down version......

Here it is on IMDB

http://www.imdb.com/title/tt2829272/

Edited June 18, 2013 by EyesWideOpen

[chunking]

I think - watered down will go better;the reality would make us very sick.