Phuket Court orders media blackout on Swedish murder trial

[webfact]

Phuket Court orders media blackout on Swedish murder trial
Phuket Gazette

PHUKET: -- Officials at Phuket Provincial Court yesterday ordered a media blackout on the ongoing trial of Swedish nationals Tommy Soderland and Sebastian Ljung amid concerns that the media was influencing witness testimonies.

The two men are on trial for the alleged murder of Maksim Schantz in Phuket in 2011.

“We have seen at least one story in the media that strongly supported the suspects. That caused the victim’s family much distress, and so we are now asking that no media report on the trial until it has concluded,” said Wanna Suetortrakul, Director of Administration at Phuket Provincial Court.

Ms Wanna did not elaborate on whether the report was presented in the Thai, English or Swedish-language press.

“After the trial has concluded, the press will be free to publish details of the testimonies and the verdict, as is their right,” Ms Wanna said.

“But while the trial is ongoing, this is a decision for the judge to make, and the judge presiding in the case has decided to deny the media the privilege of publishing any story related to the Maksim Schantz case until the case is finalized,” she explained.

Among the court’s chief concerns were that news stories revealing details about the case would influence witness testimonies.

Soderlund’s lawyer, Prachaya Thidpasawong, agreed to the ban.

“Some witnesses can provide only part of the story, so the court will need to hear testimonies from all witnesses before it can draw any conclusions about the case,” said Mr Prachaya.

“If the media publishes a story [while the trial is underway], it might contain information that could influence the testimony of witnesses who have yet to testify,” he added.

Source: http://www.phuketgazette.net/phuket_news/2013/Phuket-Court-orders-media-blackout-on-Swedish-murder-trial-22113.html


-- Phuket Gazette 2013-08-30

[TackyToo]

"Ms Wanna did not elaborate on whether the report was presented in the Thai, English or Swedish-language press."

Maybe, just maybe she heard about the rumor that some countries are pretty serious about freedom of the press and not under jurisdiction of a Thai Court.

“Some witnesses can provide only part of the story, so the court will need to hear testimonies from all witnesses before it can draw any conclusions about the case,” said Mr Prachaya.

Wouldn't it be helpful to call in the witnesses for testimony in a short period of time after the incident?

[atyclb]

Is there such a thing as a "court reporter" in Thai courts? or some sort of transcribing option for say a non criminal matter in court?

[tonneke breda]

Looks like the government is having the courts silence the media as well.

Let the games begin

[Carrerakiss]

I know absolutely nothing about this case. But they are pretty useless witnesses if they are going to change their story based on what they read in the newspaper.

[Emdog]

"Among the court’s chief concerns were that news stories revealing details about the case would influence witness testimonies." Are these courts open to the public to view, as in the West? If so, what is to prevent someone from merely telling others, say witnesses, what went down that day. I love it that witnesses are not expected to tell the truth here, but to bend the story to fit the highest bidder.... These are all farangs, I assume, so why should the court take this action? Been watching "Law and Order" or something, decided it would be a cool thing to do?

[Bpuumike]

I have a family member involved in an ongoing trial in Australia.

Said person is not even allowed to discuss daily developments with myself (being under oath) so why should the media be allowed to report proceedings?

I would expect no less in Thailand.

[unanimosity]

"Among the court’s chief concerns were that news stories revealing details about the case would influence witness testimonies." Are these courts open to the public to view, as in the West? If so, what is to prevent someone from merely telling others, say witnesses, what went down that day. I love it that witnesses are not expected to tell the truth here, but to bend the story to fit the highest bidder.... These are all farangs, I assume, so why should the court take this action? Been watching "Law and Order" or something, decided it would be a cool thing to do?

Or just listening to the highest bidder?

[Bagwan]

I have a family member involved in an ongoing trial in Australia.

Said person is not even allowed to discuss daily developments with myself (being under oath) so why should the media be allowed to report proceedings?

I would expect no less in Thailand.

Because justice (and injustice) must be seen to be done. Maybe you would prefer court cases to be held behind closed doors?

Jurors are rightly not allowed to discuss any aspect of any trial but that is some distance for not permitting the Press to report on proceedings.

[lee b]

Its fair enough

[timewilltell]

Right and proper. Influencing the witnesses is not on, and the press can report what they like afterwards except:

How do you get a copy of the statements?

Translating oral testimony is a nightmare because lawyers can understand English and simply bully the translator into getting the evidence translated how they want. It is a fine point but in a Thai court the evidence is recorded by the judge so getting the judge to hear what you want sets in stone the evidence. Often witnesses will give answers with qualifiers for instance:

Lawyer in Thai: Was it dark when you saw the defendant stab the foreigner

Witness: Yes it was pretty dark but the defendant and foreigner were standing under a floodlight so I could see them clearly.

Translator in Thai: Yes... Interrupted by lawyer because e wants to discredit th witness could see

Judge records: The witness said it was dark.

Essential evidence never recorded and the witness has no opportunity to rectify unless he can understand what the judge is saying which is never translated back to you and often cannot even be clearly heard. I believe this is one of the key reasons foreigners are rarely successful in the Thai court. This guy is lucky as he is Swedish so the lawyer will be less able to intercept answers he doesn't like!