Phuket Filipina in 5-month legal limbo

[webfact]

Phuket Filipina in 5-month legal limbo
Phuket Gazette


Ms Beleno arrived in court on December 26. Photo: Gazette file

PHUKET: -- A Philippine national charged with working in Patong illegally was forced to wait in limbo for five months for a trail and for her passport to be returned to her.

In the meantime, she remained stuck in Thailand without a work permit, or legal way to support herself.

Melanie Beleno, 35, was arrested on July 4 when Immigration Police went to the Phuket Sira Boutique Hotel in Patong where she was working without a work permit.

Immigration officers handed her over to Patong Police, who confiscated her passport.

“I’d been working at the hotel for only a month when I was arrested along with a co-worker. They put us in jail and took my passport,” she said.

Someone from the hotel came to the police station and had the pair released, she explained.

In the intervening five and a half months, her trial date was postponed four times.

First scheduled to meet the Public Prosecutor and go to court on August 26, her appointment was pushed back to September 25, then October 25. Her latest appointment was for December 26, when she finally had the opportunity to appear before a judge.

“I asked to get my passport back, but they said I have to wait until the trial has finished,” Ms Beleno said on December 25.

The staff in the Prosecutor’s office told Ms Beleno that the delay was because there were many cases like hers.

Case prosecutor Tawan Suknirundorn said that the postponement of Ms Beleno’s arraignment was due to the ongoing investigation of the hotel owner.

“We have to determine whether he was involved in the crime or not,” Mr Tawan said. “That can take a long time.”

“The police have to keep Ms Beleno’s passport during this period to prevent her from fleeing the country,” he added.

Phuket Provincial Chief Public Prosecutor Chiengsean Panhya confirmed that the case might take a long time.

“Some prosecutors investigate the employer and suspect separately, while others investigate them together. It also depends on how much work that prosecutor has to do. We have a lot of cases coming in every day,” he said.

“In this case, Ms Beleno never told us that she had a problem or wanted to leave the country. If the delay is causing difficulties, we will help in any way we can – she should just let us know,” he said.

As of January 9, Ms Beleno continues to wait.

The general manager and colleagues from the hotel have kept in touch with her, she said.

“They’re worried about me.

“I just pray to finish my case. Then if they give me a chance to work here again, I’ll do it properly next time,” she added.

Source: http://www.phuketgazette.net/phuket_news/2014/Phuket-Filipina-in-5-month-legal-limbo-23219.html


-- Phuket Gazette 2014-01-09

[Costas2008]

Case prosecutor Tawan Suknirundorn said that the postponement of Ms Beleno’s arraignment was due to the ongoing investigation of the hotel owner.

“We have to determine whether he was involved in the crime or not,” Mr Tawan said. “That can take a long time.”

In Thailand it takes more than 5 months to determine if the hotel owner that employed the woman without a work permit is guilty or not!

A legal system and competence of it's employees commendable worldwide.

[clockman]

But murders can leave the country. And return again, with no charges!

[GAZZPA]

This is disgusting, ok she has done something wrong but it's simple really. She has already said she worked there without a permit so she admitted it, there is nothing to prove. if she was denying the charges then ok it would take longer but 5 months is still crazy. How do they expect her to live and feed herself for 5 months without yet again working illegally?

They should simply arrest her, deport her and be done with it.

i am sure that this is breaching her human rights, I also suspect that holding her passport for 5 months could have some legal ramifications.

I hope that she gets the right result very soon.

[Colabamumbai]

The hotel owner is responsible for helping her to obtain a work permit, providing the paperwork etc., as are schools and I would think any other business wanting to employee a foreigner as they have to provide documents included in the application. You cannot blame the worker. I have been in a similiar situation.

[Suffinator]

This is disgusting, ok she has done something wrong but it's simple really. She has already said she worked there without a permit so she admitted it, there is nothing to prove. if she was denying the charges then ok it would take longer but 5 months is still crazy. How do they expect her to live and feed herself for 5 months without yet again working illegally?

They should simply arrest her, deport her and be done with it.

i am sure that this is breaching her human rights, I also suspect that holding her passport for 5 months could have some legal ramifications.

I hope that she gets the right result very soon.

Breach her human rights... you are having a laugh. They do it each time they deport a foreigner who is legally married here, with children or not, for not complying to their ridiculous laws. Such an act is in direct conflict the the UN Human Rights legislation of which Thailand is a signatory. Considering all the human trafficking here, slavery etc do you really think the Thai Gov give a crap about her rights?

[skorchio]

Poor Pinay, hope she is doing OK for wonga. Could be worse places to get stuck .....

Edited January 9, 2014 by skorchio

[Ulic]

You would think she should be able to admit guilt, be black listed for 3-5 years and deported.

All in one 30 minute court session, if she can pay her way home.

[SOTIRIOS]

...why are others...'Westerners'....arrested....not released.....fined....and deported....

,,,why are there so many variations on the application of the law....

[Blindside]

Beat a tourist around the head with a pole - B500.

Kill a policeman with your super car while intoxicated - An extended holiday in Singapore.

Be at work for a month for a "respectable employer" without a work permit, probably waiting for HR to get its A into G so you can run to Penang every 3 months - short term imprisonment and 5 months with no way to support yourself and any certainty of your immediate future.

[DGIE]

Case prosecutor Tawan Suknirundorn said that the postponement of Ms Beleno’s arraignment was due to the ongoing investigation of the hotel owner.

“We have to determine whether he was involved in the crime or not,” Mr Tawan said. “That can take a long time.”

The long time court hearings is no longer new to us. It's their nature.

[monkeycountry]

This is disgusting, ok she has done something wrong but it's simple really. She has already said she worked there without a permit so she admitted it, there is nothing to prove. if she was denying the charges then ok it would take longer but 5 months is still crazy. How do they expect her to live and feed herself for 5 months without yet again working illegally?

They should simply arrest her, deport her and be done with it.

i am sure that this is breaching her human rights, I also suspect that holding her passport for 5 months could have some legal ramifications.

I hope that she gets the right result very soon.

She is a foreigner in Thailand - a third world country!!! She has no rights in Thailand whatsoever, let alone human rights

[GAZZPA]

This is disgusting, ok she has done something wrong but it's simple really. She has already said she worked there without a permit so she admitted it, there is nothing to prove. if she was denying the charges then ok it would take longer but 5 months is still crazy. How do they expect her to live and feed herself for 5 months without yet again working illegally?

They should simply arrest her, deport her and be done with it.

i am sure that this is breaching her human rights, I also suspect that holding her passport for 5 months could have some legal ramifications.

I hope that she gets the right result very soon.

Breach her human rights... you are having a laugh. They do it each time they deport a foreigner who is legally married here, with children or not, for not complying to their ridiculous laws. Such an act is in direct conflict the the UN Human Rights legislation of which Thailand is a signatory. Considering all the human trafficking here, slavery etc do you really think the Thai Gov give a crap about her rights?

So you agree with me then, it's breaching her human rights. So I'm not really having a laugh am I.

What's the point you're making? Yes Thailand has issues with human rights, everybody knows this. My point was is that as I believe that they are probably breaching her human rights she can very likely get support.

[GAZZPA]

This is disgusting, ok she has done something wrong but it's simple really. She has already said she worked there without a permit so she admitted it, there is nothing to prove. if she was denying the charges then ok it would take longer but 5 months is still crazy. How do they expect her to live and feed herself for 5 months without yet again working illegally?

They should simply arrest her, deport her and be done with it.

i am sure that this is breaching her human rights, I also suspect that holding her passport for 5 months could have some legal ramifications.

I hope that she gets the right result very soon.

She is a foreigner in Thailand - a third world country!!! She has no rights in Thailand whatsoever, let alone human rights

Thailand is not a third world country, it has not been for years now. It is a developing country (official term).

Thailand is part of the International community and an active member in the UN so although it still does things wrong it has to shown to be progressing, therefore the Filipino lady has a legitimate right to raise her case and complain about her treatment.

[SailingHome]

Case prosecutor Tawan Suknirundorn said that the postponement of Ms Beleno’s arraignment was due to the ongoing investigation of the hotel owner.

“We have to determine whether he was involved in the crime or not,” Mr Tawan said. “That can take a long time.”

In Thailand it takes more than 5 months to determine if the hotel owner that employed the woman without a work permit is guilty or not!

A legal system and competence of it's employees commendable worldwide.

They can't give it back because investigating, but if she would just ask they would give it back? I'm confused... TiT?

Sent from my MyPhone A919 Duo using Thaivisa Connect Thailand mobile app

[MMarlow]

Beat a tourist around the head with a pole - B500.

Kill a policeman with your super car while intoxicated - An extended holiday in Singapore.

Be at work for a month for a "respectable employer" without a work permit, probably waiting for HR to get its A into G so you can run to Penang every 3 months - short term imprisonment and 5 months with no way to support yourself and any certainty of your immediate future.

If you remove the speculative parts from your last paragraph what is left is, "Be at work for a month without a work permit - short term imprisonment and 5 months with no way to support yourself and any certainty of your immediate future". Sounds ok to me for someone intentionally working illegally. There would have been an easy way for her to avoid the mess she's got herself into, don't work illegally.

[Hawk]

In the intervening five and a half months, her trial date was postponed four times.

Why does she need a trial when she has already admitted that she's guilty?