Tiger Disco: date set for trial over lethal Phuket fire

[Lite Beer]

Tiger Disco: date set for trial over lethal Phuket fire
Phuket Gazette -

PHUKET: More than than a year after a fatal blaze killed four people at Patong’s famous Tiger Disco nightclub on August 17 last year, the nightclub’s operators will be called to Phuket Court to enter a plea to charges of negligence causing death.

“Tiger Group CEO Piya Isaramalai and Sara Entertainment Co Ltd each face a charge under Section 291 of the Thai Criminal Code: Causing Death through Negligence. They also face charges of causing physical and mental injury and trading after hours,” Phuket Chief Public Prosecutor Chiengsean Panhya confirmed to the Phuket Gazette this week.

“The suspects were formally charged on July 10. The next court appearance will be on September 2,” Mr Chiengsean said.

On that day, the defendants will be called upon to enter a plea, he added.

“They will be also asked to explain what evidence they have to support their plea,” Mr Chiengsean explained.

Although the trial is to be held in Phuket, the case had to be approved by the Public Prosecutor’s regional head office in Surat Thani to present in court, he added.

The long-awaited trial comes after a series of delays in securing evidence, despite Thailand’s leading forensic police being dispatched from Bangkok to investigate the fire .

It also comes after a damning report by the Building Society Inspectors and Officers Association (BSA) and the Association of Siamese Architects (ASA), which cited failure by nightclub management to adhere to multiple fire-safety regulations.

The disco had improper placement of fire extinguishers and faulty emergency-exit ladders, and used a highly-flammable foam for wall and ceiling decorations, said the report .

Some of the emergency-exit ladders were found to be too short to reach the ground, which matches witness reports of individuals being forced to jump from the burning building.

The report also supported evidence that the decorations on the ceilings and walls of the building were made of highly flammable expanded polystyrene (EPS) foam, which is now illegal to use inside buildings.

The forensics report, months in coming, identified the cause of the fire as an electrical short circuit under the ceiling at the front of the building, Maj Gen Chonasit Wattanavrangkul, who was Provincial Police Commander at the time, confirmed with Patong Police.

“The spark set alight the ceiling and the wall, both of which were coated with highly flammable EPS foam,” he explained.

The popular night venue erupted into flames just before 4am, while hundreds of patrons were still inside (story here).

British tourist Michael Tzouvanni, 24, French tourist Emmanuel Becard, 30, and Thai nationals Duangporn Budklor, 34, and Nipaphat Sudtasorn, 36, all died in the inferno.

Days later, scores of people from Patong’s entertainment industry turned out at a memorial event to mourn those lost to the fire .

The legal counsel for Tiger Discotheque, Thamrongsak Boonrak, confirmed this week that Tiger Group CEO Piya Isaramalai posted bail on July 10.

“Mr Piya was allowed to post bail by the court on that day. We bailed him out with cash,” he said.

“It does not matter how much we paid to post bail. He is not going anywhere,” he added.

Mr Thamrongsak was confident in successfully defending the manslaughter charges, which carry a maximum penalty of up to 10 years in prison or a fine of up to 20,000 baht.

“We are not afraid to fight the charges because we are innocent. It was an accident,” he assured.

“We have all the evidence we need to prove that it was a lightning strike that night. It was not our fault at all,” he said.

Atipong Thongyon, chief of the PEA Patong office, on August 18 – the day after the fire – refuted allegations that the blaze was caused by an exploding transformer .

“We also have evidence to prove that the Patong office of the Provincial Electricity Authority is hiding from us,” Mr Thamrongsak alleged.

“They should check their power cables and poles for public safety. The electrical wires are all old; they better check and make it safe,” he said.

Source: http://www.phuketgazette.net/phuket_news/2013/Tiger-Disco-date-set-for-trial-over-lethal-Phuket-fire-21985.html

-- Phuket Gazette 2013-08-17

[Tatsujin]

Ah, so the party line now is a lightning strike and bad cables/transformers caused the fire, so that the Patong office of the Provincial Electricity Authority will get the blame and the owners get off scott free.

[steelepulse]

Deflect and blame. I wonder why they don't address their new lighting system that they hastily removed after the fire was put out?

[robblok]

What an idiot even if an outside source started the fire the use of flammable materials and not having proper safety equipment or adhering to the safety regulations make them guilty.

[harrycallahan]

Been a while since I've been to Phuket. Is there anything at the site now?

[kingstonkid]

Mr Thamrongsak was confident in successfully defending the manslaughter charges, which carry a maximum penalty of up to 10 years in prison or a fine of up to 20,000 baht.

Hell even if he is guilty it is only 80,000 baht fine.

now the civil suits may be different but then again ......

[Emdog]

It probably was an accident, but that is not the point. They don't get it: safety standards are there to minimize the impact of accidents such as that fire. Since there was inadequate safety and construction there, they are liable. How small a brain do you have to have to not notice the fire escape ladders aren't long enough?

[SOTIRIOS]

It probably was an accident, but that is not the point. They don't get it: safety standards are there to minimize the impact of accidents such as that fire. Since there was inadequate safety and construction there, they are liable. How small a brain do you have to have to not notice the fire escape ladders aren't long enough?

.....only one focus for them....profit.....oh ....and inflated egos...

[klauskunkel]

Mr Thamrongsak was confident in successfully defending the manslaughter charges, which carry a maximum penalty of up to 10 years in prison or a fine of up to 20,000 baht.

repeat: a maximum penalty of up to 10 years in prison or a fine of up to 20,000 baht. That's about $650 US maximum (per victim? or is there a group discount?). If I had lost a loved one there, I would go and visit Phuket.

[TTSIssues]

Been a while since I've been to Phuket. Is there anything at the site now?

They are currently rebuilding the bars downstairs in the old Tiger. Haven't looked upstairs yet.

Soi Eric has also been demolished and being rebuilt as well.

[TTSIssues]

Hmmm ..... Max fine of 20,000 baht for killing four people. Wow.... Tiger group must be running scared!

Call me an old cynic but I doubt any jail time will be served - lets see if I am right if there is ever a court case :-)

[skorchio]

what about the new tiger across the road? is the same stuff used in the decoration there? how about the exits, all up to scratch?

[tomross46]

What ever happened with the New Years Eve fire in Bangkok. Was the majority share held by influential people and the police?

[Jimi007]

It probably was an accident, but that is not the point. They don't get it: safety standards are there to minimize the impact of accidents such as that fire. Since there was inadequate safety and construction there, they are liable. How small a brain do you have to have to not notice the fire escape ladders aren't long enough?

Liability in Thailand?

[Ulic]

What an idiot even if an outside source started the fire the use of flammable materials and not having proper safety equipment or adhering to the safety regulations make them guilty.

Exactly

[pookiki]

I have been in Thailand for quite a while, now, and I have still been unable to determine if there is the same concept of civil and criminal liability that exists in the US. In Thailand, it has always seemed to me that they two issues get muddled together. In addition, in the US the 'standard of proof' is much different in a criminal case than that of a civil suit. I agree with the preceding posts that a 20,000 baht fine (per count?) is a pittance for four lost lives. One also must consider that in the US, there is a concept of 'joint and several' liability that would not allow the night club owner run away from this case even if he could show that a power transformer or faulty wiring by the electric company somehow caused the fire. The documented safety and structural violations have been clearly established and he would be jointly liable. As far as the Santika issue, I met a woman who was in that fire about four years ago. She sustained severe burns and scaring - and a lot of medical bills as well. As far as I know, there has been no settlement in that case.

[MyFriend You]

what about the new tiger across the road? is the same stuff used in the decoration there? how about the exits, all up to scratch?

Skorch since you live near there (??), I m sure the rest of us would appreciate a report

[marell]

What an idiot even if an outside source started the fire the use of flammable materials and not having proper safety equipment or adhering to the safety regulations make them guilty.

What is safety equipment? What are safety regulations?

Edited August 18, 2013 by marell

[ChrisY1]

It probably was an accident, but that is not the point. They don't get it: safety standards are there to minimize the impact of accidents such as that fire. Since there was inadequate safety and construction there, they are liable. How small a brain do you have to have to not notice the fire escape ladders aren't long enough?

Quite right...it was likely an accident....

No..they don't understand safety standards period.....no-one has ever explained to them the issues of fire in such a premises.

I doubt the people in the local council..tessaban or whatever it's called, understand the safety standards either....."we've always done it like this" mentality prevails everywhere......and lots of back-pedalling when things go wrong....like this tragedy.

[kimamey]

What an idiot even if an outside source started the fire the use of flammable materials and not having proper safety equipment or adhering to the safety regulations make them guilty.

I assume that the plan is to avoid taking full responsibility by passing some to the electricity company and whatever Thais call acts of God due to the lightning leaving the owner facing minor charges for not complying with safety standards.

There's also the possibility that they had passed all the safety tests after a bribe that won't be mentioned which will mean there will have to be an investigation into that which will drag it all out even longer until the case is forgotten or dealt with very leniently since it's only a minor one anyway.

[kinmaew]

20,000 Baht for a life. Who sets the values in this society? Who is the head responsible for this? That person will have a lot to answer for one day.

[cracker1]

And the city's Police Chief and Senior building engineer will appear in court later in the year charged with Dereliction of Duty's and manslaughter..........................

[eezergood]

raise your hands if any of this actually suprises you?