Thai court acquits Santika nightclub owner after deadly inferno

[Lite Beer]

Thai court acquits Santika nightclub owner after deadly inferno

BANGKOK, October 22, 2013 (AFP) - The owner of a Bangkok nightclub destroyed by a fire that killed 67 people on New Year's Day in 2009 was acquitted of gross negligence Tuesday on appeal.

Visuk Setsawat, whose Santika Club was set ablaze by pyrotechnics during a performance by rock band Burn, was sentenced to three years in prison in September 2011 but was cleared by the Appeal Court in the Thai capital.

"The decision has changed to an acquittal of the first defendant (Visuk) on every charge," the court said in a statement posted on its website.

Boonchu Laosrinak, owner of Focus Light Sound System Company, the company that installed the pyrotechnics, was also sentenced to three years in jail in September 2011. His appeal was rejected by the court.

More than a hundred people were wounded, including 32 who suffered critical or life-changing injuries, according to the prosecutor at the original trial.

Hundreds of partygoers were inside the upmarket nightclub when it caught fire.

Three Singaporeans, one Japanese and a Myanmar national were among the dead, while scores of foreigners including some from Australia, France and Britain were injured.

-- (c) Copyright AFP 2013-10-22

[Local Drunk]

An acquittal and a three year prison sentence for 67 deaths... I'm speechless.

[waza]

Given the present political climate in Thailand I shouldn't be surprised over this decision.

Edited October 22, 2013 by waza

[gl555]

Did we really expect anything different? No rich guy is ever going to spend any real time in jail. 67 lives? 67 nobodies. Therefore, no jail time.

[Local Drunk]

Tourist can read...

[rgs2001uk]

Amazing Thailand indeed, Red Bull man must be pissing his pants with laughter.

[clockman]

There is justice! Then there is Thai justice?

[SeaVisionBurma]

Inappropriate off-topic post removed

[surangw]

There is justice! Then there is Thai justice?

the bigger the money, the smaller the justice

[worgeordie]

They wait till all the anger and disgust is over ,67 people been burnt alive,

then say the owner has no responsibly.

Anyone with enough money or connections can get away with murder here,

and it seems to be happening much more often,surely things have to change.

regards Worgeordie

[rfukata]

is this why tourists or visitors need to place a 500 baht insurance policy for life, well said.

[mrtoad]

Have they started te amnesty early?

Disgusting........

Crooks, the lot of them.

[WitawatWatawit]

Who is Visuk Setsawat? We need to know his importance. (Sorry, I need to go to bed - search tomorrow)

Some a snippets from a quick google search:

Authorities say Santika had been refused an operating licence since 2004 because of safety concerns but remained open while appealing that decision.

... the pub operator, White and Brothers (2003) Co Ltd ... (who?)

While police recommended seven suspects be prosecuted, Visuk reportedly petitioned public prosecutors for justice. But it remains unclear what arguments he has made.

However, it's clear he failed to ensure the Santika had adequate fire exits and or an adequate fire-safety system.

THE owner of a Bangkok nightclub destroyed by a fire that killed 67 people on New Year's Day in 2009 has been jailed. Visuk Setsawat, whose Santika Club was set ablaze by pyrotechnics during a performance by rock band Burn, was yesterday imprisoned for three years on charges of gross negligence resulting in death or injury by the southern Bangkok criminal court. (Two years ago)

WHO IS VISUK?

[Thai at Heart]

Who is Visuk Setsawat? We need to know his importance. (Sorry, I need to go to bed - search tomorrow)

Some a snippets from a quick google search:

Authorities say Santika had been refused an operating licence since 2004 because of safety concerns but remained open while appealing that decision.

... the pub operator, White and Brothers (2003) Co Ltd ... (who?)

While police recommended seven suspects be prosecuted, Visuk reportedly petitioned public prosecutors for justice. But it remains unclear what arguments he has made.

However, it's clear he failed to ensure the Santika had adequate fire exits and or an adequate fire-safety system.

THE owner of a Bangkok nightclub destroyed by a fire that killed 67 people on New Year's Day in 2009 has been jailed. Visuk Setsawat, whose Santika Club was set ablaze by pyrotechnics during a performance by rock band Burn, was yesterday imprisoned for three years on charges of gross negligence resulting in death or injury by the southern Bangkok criminal court. (Two years ago)

WHO IS VISUK?

Well, he's a free man.

Not a fan of vigilantism, but sometimes. .

[FarangTalk]

Another disgusting episode conducted by a bunch of immoral, unethical, greedy crooks.

Sent from my SM-N900 using Thaivisa Connect Thailand mobile app

[yingyo]

Did we really expect anything different?

Yes.

I expected them to be acquitted without any public or media attention whatsoever.

Call me cynical, or just having lived in Scamland for 10 years.

[yingyo]

Without reading back over anything, I believe that:

The premise was in a legal no nightlife zone.

It was licensed as a noodle shop, not licensed to sell alcohol.

It was constantly raided and fined until a major cop in the area was made a major share holder.

All raids and fines then stopped.... of this noodle stall.

After the deadly fire I remember claims of victims having cash removed from their clothes (One corpse was minus 10,000 baht that he always kept with him in case of emergencies), and one victim allegedly lost his gold necklace between his body being identified by his family in the police morgue on an evening and them picking him up the next day. From the same police morgue.

Don't ever be mistaken about what these people really are.

RIP to all those poor souls who lost their lives, and may justice be done in one way or another on those who profiteered from it.

[muchogra]

Why don't some of you blame on the authorities (the police, the fire department, the housing authority, etc) for not enforcing the law? Can't you see what the underlying problems are?

Let me spell it out for you: Thailand needs to enforce the law and people should be made known to abide by the rules of law!

[noitom]

They threw the electric light and sound guy under the bus. They exonerated the Thai night club owner despite the fact that his security "chained" the exit doors, and the exits were a fire hazzard. I will always remember the photo of the charred corpses in this Thai club and associate it with this decision.

[EyesWideOpen]

Makes me feel like puking. Luckily for the Santika pub owner, one of my relatives did not get burned up..........

[kkerry]

Long sentences are only for more serious crimes... like old men sending SMS's...

[yingyo]

Why don't some of you blame on the authorities (the police, the fire department, the housing authority, etc) for not enforcing the law? Can't you see what the underlying problems are?

The nightclub was breaking the law and was constantly raided and fined....

Until a major police colonel was made a major share holder.

Maybe read up on it.

And the Blue Diamond Affair. Then start writing some Hollywood scripts that would be thrown out for being too unbelievable.

[IMA_FARANG]

An acquittal and a three year prison sentence for 67 deaths... I'm speechless.

---------------------

He wasn't the "owner", just the front man for others who were the real "owners".

But for many reasons we can't go into that.

[webfact]

COURT
Court clears Santika Pub owner over deadly blaze
The Nation



BANGKOK: -- WISUK SETSAWAT, owner of the Santika Pub, which caught fire on New Year's Eve 2008, killing 67 revellers and injuring 117 others, was yesterday acquitted by the Appeals Court.

The court found that the charges in his indictment for directly causing death through carelessness were unclear and lacked evidence.

However, the verdict also upheld a lower court decision, reached in September 2011, which sentenced Bunchoo Laoseehanart, executive of Focus Light Sound System, to a three-year imprisonment term without suspension.

Bunchoo was held responsible for the use of pyrotechnics in the upscale pub that resulted in the fire.

The court ordered Bunchoon and the company to pay a total of Bt8.7 million to families of some fire victims. Bunchoo has been released on a Bt500,000 bail guarantee.

The Appeals Court judges said Wisuk's failure to provide adequate fire-safety equipment in the pub, located off Soi Sukhumvit 33, though in violation of the 1979 Building Control Act, was not a direct cause of the fire.

The prosecution lacked evidence to support an allegation that more than 500 revellers were allowed inside the pub in violation of the legal limit, the judges said.

Malee Thanompanyarak, a relative of a victim, expressed surprise over what she dubbed "an about-turn" in the sentence. The unlawful lack of fire-safety equipment cited against the owner in the Bangkok South Criminal Court verdict was simply overlooked by yesterday's verdict, Malee said.

A survivor, Rattana sae-Lim, whose face and upper body were severely disfigured, said the verdict was a huge letdown. She is still pursuing Bt8 million in damages in a civil class action filed against all defendants by 47 co-plaintiffs who are relatives or representatives of the dead or injured victims.

The verdict elaborated on evidence against Bunchoo in upholding the sentence and an order that he pay compensatory payment. But it said testimony against Sarawut Ariya, singer of the musical band Burn, was contradictory and inadequate. Sarawut's band was playing live music prior to the pyrotechnics. He was acquitted of lighting the fireworks, upholding the lower court's decision to give his evidence the benefit of the doubt.


-- The Nation 2013-10-23

[Thai at Heart]

The court found that the charges in his indictment for directly causing death through carelessness were unclear and lacked evidence.

In other news, somchai told the teacher he forgot his homework because the dog ate it.

80 people died ladies and gentlemen. 80. In a club owned by this Muppet, with no licence. The guy has trousered millions over the years and he walk s away in this manner.

Puke!

[Thait Spot]

Disgraceful.

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

[coma]

As the club owner of such a big establishment I doubt he was aware of every little thing going on in there. Sure he would be liable in a civil court but to bring criminal charges against him are a little much. And the appeals court has reacted accordingly. The pyro experts on the other hand are " experts" and it is their fault what happened that night. They should do time and have their license revoked.

[Spoonman]

The court found that the charges in his indictment for directly causing death through carelessness were unclear and lacked evidence.

In other news, somchai told the teacher he forgot his homework because the dog ate it.

80 people died ladies and gentlemen. 80. In a club owned by this Muppet, with no licence. The guy has trousered millions over the years and he walk s away in this manner.

Puke!

It was 67 people not 80, still a horrific head count though.

[ezzra]

So life is cheap in Thailand, what else is new? the saddest part is that no lessons were learned,

and tragedies such as this, or similar, will repeat them selves sooner or later,

[arthurboy]

Various posters have covered all the bases on this tragic fiasco.

As is often the case in Thailand, the police and the judiciary - those very organisations who should exist to guarantee justice and serve the people fairly and without bias - have utterly failed in their duty.

It is surely no coincidence that a senior police officer became a partner in this lucrative nightclub business, despite the fact it broke many safety laws and was illegally registered.

Knowing Thailand, you can bet that the fines paid before the policeman became a shareholder were pay off's for the authorities to leave the place alone. Perhaps that is part of the set up. You and your connections harass profit making business - whether illegal or not - and then step in to offer your patronage and protection.

Money and greed fuelled by power and arrogance.

Now that this case is firmly back in the public eye, I hope that justice will finally be served to those people and families who have suffered so terribly because of this awful tragedy.