Tourist court resolves first case

[Lite Beer]

SPECIAL REPORT
Tourist court resolves first case
Supakorn Akkhanant,
Opas Boonlom
The Sunday Nation

PATTAYA: -- Relatives of Chinese killed in speedboat accident settle compensation in Pattaya

A speedboat accident that killed two Chinese tourists on August 28 was the first case resolved by Thailand's first tourist court in Chon Buri's Pattaya City.

After this specialised court section was opened on September 5 to fast track tourist-related cases and reassure travellers of their safety while visiting the country, families of the deceased Chinese tourists filed a civil complaint for compensation.

The Provincial Pattaya Court head judge Apichat Thepnoo said the court called in the speedboat owner and the insurance company to attend a dispute settlement procedure along with the plaintiffs, who spoke through a translator. The deceased tourists' families initially had asked for a total of Bt16 million in compensation.

At the second round of talks on September 6, both parties agreed that the insurance company would pay Bt1.3 million to each victim's family, while the speedboat owner would pay Bt1 million to each victim's family, he said. The families then took the compensation money in front of the court and said they wouldn't sue for further compensation. However the case's criminal code procedure was separated from this and would go on according to the justice system.

Speaking on the origin of this new specialised court section, Court of Justice spokesman Sitthisak Wanachakij said Tourism Minister Somsak Pureesrisak had a policy to join with the Court of Justice to take care of foreign holiday-makers - about 20 million visit Thailand every year.

He said the two agencies had agreed to open a tourist court section at seven provincial courts -Pattaya, Phuket, Samui, Chiang Mai, Krabi, and Bangkok's Dusit District covering Wat Phra Kaew and khao san Road areas and another in Pathumwan district covering Siam Square, Patpong and Silom areas.

Initially the seven tourist courts were to open on September 5 but due to the other courts' lack of preparedness, the tourist court was launched first only in Pattaya, which had about 70-90 civil and criminal cases per month last year hence the new addition was much welcome, he said.

The Phuket tourist court would be launched late this month, while the other five would gradually open before this year's end, Sitthisak added. He said each such court section required only a Bt1.5-million budget a year in addition to personnel and facility renovation. In future, they would be upgraded to a "division", in time for upcoming ASEAN community.

On September 3, the police, prosecutors, the Court of Justice and the Tourism Ministry signed an agreement to work together to take care of foreign tourists in the country.

The Pattaya tourist court operates from 8.30am to 8.30pm on weekdays, and 8.30am to 4.30pm on Saturday and Sunday, while other tourist courts might operate on different days and times depending on each zone's number of tourist-related cases.

The specialised court will encourage negotiations between parties and will have a videoconference to hear witness testimonies across provinces. The selection of judges for the tourist court also stresses negotiation and language skills, while the Tourism Ministry will also help improve manpower by sending judges to study tourist law in France.

-- The Nation 2013-09-15

[edwinchester]

Very pleased that the families of the deceased are happy with the investigation and paying of compensation in a little over two weeks.

Maybe the tourist court should have been used to settle the speeding case against a certain Ferrari that lapsed after over a year.

Sent from my GT-I9003 using Thaivisa Connect Thailand mobile app

[Chittychangchang]

Anticipating jet ski operators suing tourists for compensation.

CCC

Edited September 15, 2013 by Chittychangchang

[Curt1591]

Very pleased that the families of the deceased are happy with the investigation and paying of compensation in a little over two weeks.

Maybe the tourist court should have been used to settle the speeding case against a certain Ferrari that lapsed after over a year.

The compensation, in the Ferrari fiasco, was settled just as promptly. It's the criminal charges that linger.

[doremifasol]

Hallelujah!!!!!!! Welcome to the real world!!!!

[NongKhaiKid]

Compenstion settled and the criminal case will go ahead according to the judicial system, Yes Mabye !

[Chang_paarp]

while the Tourism Ministry will also help improve manpower by sending judges to study tourist law in France.

Interesting idea, sending the judges to study tourist law in France.

[LuukKoeyKorat]

They should send the judges to study law first.

while the Tourism Ministry will also help improve manpower by sending judges to study tourist law in France.

Interesting idea, sending the judges to study tourist law in France.

[mijan24]

Good idea but will it only handle compensation? if so then this is just a mechanism for Thailand to sweep criminality under the rug.

How about thebar owner and patrons nabbed for "illegal betting" on horse racing my sauces (sic)tell me punters fined 500 baht passports confiscated and they return to the house of the BiB each day with another 1000 baht per punter as a small daily donation - Bar owner and spouse still up in the air paying daily donations under threat of 3 months jail - You will not see this case appear in any court or newspaper as it is confidential income for the Pattays BiB - lets have the DSI deny this is the case 555

[noitom]

The article states that the court will fast-track tourist cases to "insure their safety." This is preposterous journalism and counterfeit claims by the courts. How in the world can they claim that fast settlements "insure safety?" What journalist would stand cave in on this claim?

[bangkokheat]

how about compensation for the foreigners swindled out of hard earned cash by thais, or does that come under a subsection of the thai criminal act whereby foreigners are fair game

[kiwiinasia]

Study Tourist Law in France.

My god those frenchies are really up with the play.

They must be the World Leaders in Tourist Law and not Thailand.

[GeorgeO]

while the Tourism Ministry will also help improve manpower by sending judges to study tourist law in France.

Interesting idea, sending the judges to study tourist law in France.

especially as the French legal system (the Napoleonic Code) differs from most of the systems adopted in all other western (English-speaking) countries.

[asdecas]

Study Tourist Law in France.

My god those frenchies are really up with the play.

They must be the World Leaders in Tourist Law and not Thailand.

Indeed! Hitherto I had always considered Thailand the Hub of Tourist Law - clearly I was mistaken.

[61guitarman61]

How can I get to this Tourist Court? I am the victim of kangaroo court here in MaeSot.

Long story synopsis:

I was involved in a traffic accident in 2011. I was on a motorbike, the other vehicle was a straight truck with a tag trailer. My injuries were life threatening and left me with permanent injuries which affect my former life and livelihood. The other driver was 100% wrong, violating signage and rules of the road. I was, according to police estimate, traveling 50 km/h, where the double lane highway's speed limit was 70 km/h. The first criminal court's verdict fined me 1,000 baht for excessive speed, while sentencing the other driver to 1 year in jail. He appealed. The appellant court's verdict was that we are equally at fault, and also dismissed my civil case.

1. I was not in the wrong. There should be 0% fault or liability against me.

2. The other driver was 100% wrong.

3. At the time of the criminal hearing I was very much still incapacitated mentally from my brain trauma and could not argue my own case. The court provided an interpreter who was only about 50% proficient in English and did not interpret or convey what I wanted to convey to my attorney or the court. The first hearing was not just.

4. The appellant court had no new information and no hearing, only the judge rereading the first court transcript.

I have been railroaded. I have substantial damages for a civil court to hear and award, but the appellant court has made a wrong determination. It would appear that the possibility is present of some foul play. The company I would be suing that owns the truck is a large and wealthy one.

Suggestions?

[jackr]

reassure travellers of their safety while visiting the country

[ghworker2010]

How can I get to this Tourist Court? I am the victim of kangaroo court here in MaeSot.

Long story synopsis:

I was involved in a traffic accident in 2011. I was on a motorbike, the other vehicle was a straight truck with a tag trailer. My injuries were life threatening and left me with permanent injuries which affect my former life and livelihood. The other driver was 100% wrong, violating signage and rules of the road. I was, according to police estimate, traveling 50 km/h, where the double lane highway's speed limit was 70 km/h. The first criminal court's verdict fined me 1,000 baht for excessive speed, while sentencing the other driver to 1 year in jail. He appealed. The appellant court's verdict was that we are equally at fault, and also dismissed my civil case.

1. I was not in the wrong. There should be 0% fault or liability against me.

2. The other driver was 100% wrong.

3. At the time of the criminal hearing I was very much still incapacitated mentally from my brain trauma and could not argue my own case. The court provided an interpreter who was only about 50% proficient in English and did not interpret or convey what I wanted to convey to my attorney or the court. The first hearing was not just.

4. The appellant court had no new information and no hearing, only the judge rereading the first court transcript.

I have been railroaded. I have substantial damages for a civil court to hear and award, but the appellant court has made a wrong determination. It would appear that the possibility is present of some foul play. The company I would be suing that owns the truck is a large and wealthy one.

Suggestions?

Sorry to hear about your troubles. I've had a head injury before and know how much it takes its toll. My suggestion is to go to bangkok and make an appointment with an International law firm- ie a law firm that has offices in the Uk or Australia for example. Take all your evidence / documentation and get some advice. What chance do you have in Mae sot....

[Phronesis]

Let's not overlook the REAL take home message from this article.

I high profile killing, used as a promotional vehicle for the new tourist court. And the insurance company, who admitted fault will only pay 1.3million (about USD$35,000).

So, even if compensation is paid for someone killing you here (which is rare as other posters have already indicated). The price for negligently killing you is only $35,000.

If you think that you life is worth more than $35,000, do not come to Thailand. Not ever.

[61guitarman61]

Let's not overlook the REAL take home message from this article.

I high profile killing, used as a promotional vehicle for the new tourist court. And the insurance company, who admitted fault will only pay 1.3million (about USD$35,000).

So, even if compensation is paid for someone killing you here (which is rare as other posters have already indicated). The price for negligently killing you is only $35,000.

If you think that you life is worth more than $35,000, do not come to Thailand. Not ever.

I have been told by many Thai people that I am fortunate the driver did not back up and finish the job, as killing someone is less costly in civil court than injuring someone. There were cases cited of wrongful death cases where the judge awarded only 100,000 baht and a 30,000 baht fine. How about the value of a Thai life? Less than $5,000 USD... Lovely

[Chazchallenger]

while the Tourism Ministry will also help improve manpower by sending judges to study tourist law in France.

Interesting idea, sending the judges to study tourist law in France.

i wonder why France, I guess they are expect numerous crimes of passion and need to understand the concept

[Tatsujin]

how about compensation for the foreigners swindled out of hard earned cash by thais, or does that come under a subsection of the thai criminal act whereby foreigners are fair game

No, it's covered under the following universal laws . . . firstly, "buyer beware" and secondly, the classic "take your head out of your ass and see the real world instead of simply seeing things the way you want to see them and then complaining about it afterwards".

[hellodolly]

while the Tourism Ministry will also help improve manpower by sending judges to study tourist law in France.

Interesting idea, sending the judges to study tourist law in France.

Good idea as I understand the French court system the judge is allowed to ask questions.

[hellodolly]

Good idea but will it only handle compensation? if so then this is just a mechanism for Thailand to sweep criminality under the rug.

How about thebar owner and patrons nabbed for "illegal betting" on horse racing my sauces (sic)tell me punters fined 500 baht passports confiscated and they return to the house of the BiB each day with another 1000 baht per punter as a small daily donation - Bar owner and spouse still up in the air paying daily donations under threat of 3 months jail - You will not see this case appear in any court or newspaper as it is confidential income for the Pattays BiB - lets have the DSI deny this is the case 555

I am shocked are you saying Thailand is not perfect. Not sure my heart can take the shock.

Seems like any thing Thailand does to help matters some one has to come along and belittle it.

Not sure but it sounds like what we called a small claims court in Canada. Situations could be handled much more quickly. How long would the people have to wait if it hadn't been for this new court?

[YeaBiGgiEs]

I applaud how fast these cases are being heard/tried and disposed of. UNHEARD of elsewhere in the world but the outcome or settlement is disturbing. So the price of a life in Thailand is 2.3m BAHT or or about $72,258.88?

I used XE to give me the monetary estimate

[circusman]

So a life is worth 1 million baht? Not much.

[Wat dee]

while the Tourism Ministry will also help improve manpower by sending judges to study tourist law in France.

Interesting idea, sending the judges to study tourist law in France.

especially as the French legal system (the Napoleonic Code) differs from most of the systems adopted in all other western (English-speaking) countries.

Why Thai legal system should be based on "english-speaking" system??

[Wat dee]

while the Tourism Ministry will also help improve manpower by sending judges to study tourist law in France.

Interesting idea, sending the judges to study tourist law in France.

especially as the French legal system (the Napoleonic Code) differs from most of the systems adopted in all other western (English-speaking) countries.

Why Thai legal system should be based on "english-speaking" system??

[upena]

More like arbitration than court

[easybullet3]

thats good news (about having a "fast track" court.

BUT,, I can see LONG LONG waiting times as the amount of cases grows. (i'm sure it wont take long before that happens).

- there must be tonnes of crimes on a daily basis!

sounds like a "judge judy" court!

[mackayae]

Did they actually get the money?

The OP said "...the families then took the money in front of the court... "

In my experience a thai court can make a decision, but in actuality the decision is never implemented.