Tourist court resolves first case

[BangkokHank]

This goes against the very foundation on which Thailand is built - namely, that money shall flow from the foreigner to the Thai, and not the other way around. Let's see how long this aberration lasts.

[Bagwan]

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'd love to hear the logic behind this. Why should the nationality of a victim had anything to do with judgements? Is there any similarity between French and Thai law? Why not go to the South and study Sharia law?

[Bagwan]

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

The guy living opposite me who was one of the 'arch criminals' was fined 6000 baht and the owners of the bar 20,000 baht and in addition face further action which may result in3 months imprisonment. When arrested the 'villains' were kept hanging about at Soi 9 cop shop for 14 hours and spent the whole of the following Monday at the District Court in Jomtien. The passports of everybody involved were taken from them and passed to the Immigration police to see if deportation should be ordered. Bail monies were returned. The matter is now closed except for the bar owner and his wife.

[yooper2001]

I do not know about you all, but I think my life is worth more then $193,000 usd. I guess this is why travel vans do not give a crap about how many die in a accident. Because life is cheap in Thailand. there should be punitive damages and then pain and suffering damages on top of punitive damage. I would think about 30 million bt for each family would only be a start. Maybe if the insurance companies paid a big amount then they would demand that drivers be qualified to drive and go through a proper driving school and pass a real driving test. I pay the same amount for car insurance in Thailand as I pay in USA and I can tell you that insurance companies pay a hell of a lot more for a death in USA

[simple1]

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'd love to hear the logic behind this. Why should the nationality of a victim had anything to do with judgements? Is there any similarity between French and Thai law? Why not go to the South and study Sharia law?

In Civil matters Thai law is derived from European Civil Law system with main influences from the French Civil Law. Another similarity to Thailand is France does not use case law.

It would be interesting if Thailand follows a new law in France that requires all motorists, including tourists, to have breathaliser kits

http://www.globalpost.com/dispatch/news/regions/europe/france/120628/france-drivers-breathalyzer-kits-law

[harrycallahan]

Details matter. Speed boats can be dangerous, you know that when you choose to ride in one. How negligent were the owners? Could the deceased swim, did it come into it? etc

The court wasn't simply deciding "how much a life is worth".

[timewilltell]

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".

Interestingly 'buyer beware' does not apply to banks granting loans on property obtained by fraud in all cases!

[hellodolly]

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 take it you are not in Thailand or figure your life isn't worth much any how.

I often wonder how many Thai bashers are actually living in Thailand?

[tonneke breda]

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....

Would be very hard to get this to the Tourist court anyway, because I guess you live in Thailand.....

Hope that a good law-firm can help you and hope things will get brighter soon again.

[razer]

Wow. Human life is cheap here.

[bangkokstick]

But did the boat owner REALLY paid ? Or does he have to... ?

[ajarnmarc]

It should be great to see this Tourist court come to Samui,

as long as they can keep the Tourist police away. Lol

[simple1]

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??

Are you Thai? if so you should know it goes back to the revered Thai King, Rama V.

King Rama V (also known as King Chulalongkorn) also began the process of codifying Thai law, and the Thai Penal Code was enacted in 1908. Many of these reforms were overseen by King Rama V's fourteenth son, Prince Rapee Pattanasak, who is considered to be the father of the modern Thai legal system. The codification and modernization/westernization of Thai law were continued under the reigns of King Rama VI (1910-1925) and King Rama VII (1925-1935). An analysis of the social changes influencing the Reformation of Thailand Law can be found on the Thailand Law Forum website.

http://www.nyulawglobal.org/globalex/thailand.htm

Edited September 15, 2013 by simple1

[Briggsy]

This appears to be a mediation service rather than a court. [no doubt because the police will always side with their mates/drinking buddies/partners-in-extortion] so relieve the police of their role.

[anotheruser]

Anticipating jet ski operators suing tourists for compensation.

CCC

If that ever happens to you, please call Tony. Pleasant enough Sri Lankan guy who has rooms near the airport.

[Chittychangchang]

Anticipating jet ski operators suing tourists for compensation.

CCC

If that ever happens to you, please call Tony. Pleasant enough Sri Lankan guy who has rooms near the airport.

what can "Sri Lankan Tony" do to help?

CCC

[hellodolly]

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

Good point it could well fall back into the Thai legal system at least the monetary part is settled and the the people can get on with the rest of their life.

Maybe not as some would have it be but this is not a first world country where 5oo baht gets you nothing. The money to these people will go far beyond what it would to a westerner. To say what is a hunman life worth is meaningless s. In North America they judge it by what the person was making. If he was e retired it is worth less than some one making a lot of money. If some one is making $30,000 a year it is not worth as much as some one making $60,000 a year. And in the west it can take years to get the money.

[BMF1960]

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.

Louis Vitton, Gucci and Christian Dior wholeheartedly support this proposal!

[FiestyFarang]

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.

Surely it is better in the UK or another English speaking country like Australia whose citizens are meant to be one of the largest visitors to Phuket. English is the recognised international language - how many Thais speak French?

Edited September 16, 2013 by FiestyFarang

[Thai at Heart]

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

Just wait until a lawyered up foreigner gets infront of this thing. The whole premise of this court, is that everyone plays fair, attends the court, and is very willing to find a solution or settlement.

Ordinarily, the boat operator just wouldn't have pitched. And the whole thing would have taken forever. So, I await, some bucksed up farang with his lawyer team demanding bazillions in compensation for something, at which point of course, the defendants, will simply scarper over the hill never to be seen again, and the court will fall on its face because the defendents definitely aren't interested in settling civil cases that normally they don't have to bother with.

[Briggsy]

You're probably correct, Thai at Heart.

As I said earlier, this is an arbitration service rather than a court. These things only work when both parties fear that not going to arbitration could leave them worse off.

[skorchio]

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?

I guess you are meaning to say 'ensure' safety. Insure is a different matter, a different word, a different meaning and actually quite an interesting ironic pun at the same time, for those with the wit to spot it. I hope you are not a journalist noitom.