Thai Man In Shetland Bailed Ahead Of Appeal

[Jai Dee]

Thai man bailed ahead of appeal

Sakchai Makao has lived on the islands since he was 10

A young Thai man facing deportation from Shetland has been released on bail pending his appeal.

Sakchai Makao, 23, who has lived on the islands since he was 10, was taken from his home in Lerwick two weeks ago.

He was being held in Durham Jail while awaiting deportation as a foreign national with a criminal record. He was convicted of fireraising in 2004.

Makao told BBC Scotland after his release on bail: "I feel great, I have had so much support."

A judge decided he could return to Lerwick pending his appeal against Home Office plans to deport him.

"The judge gave consideration to the massive amount of support demonstrated for Sakchai " -Alistair Carmichael Orkney and Shetland MP

His bail application was heard at the North Shields Asylum and Immigration Centre in the north east of England and he is expected back in Lerwick on Wednesday.

Makao said: "I just want to get home and get back to normal."

Of his next goal of avoiding deportation he said: "It's one step closer but it's still a battle."

He spent eight months in jail for fire-raising two years ago.

Lerwick Sheriff Court heard a mobile building and car were destroyed by fire when he was drunk in "two moments of madness" in 2002.

Efforts 'doubled'

The appeal against moves to deport him will be heard on 7 July.

Politicians and local campaigners welcomed his release on bail.

Scottish Lib Dem Orkney and Shetland MP Alistair Carmichael told the BBC Scotland news website: "I am delighted that Sakchai has been released and is going home.

"But this is not the end and the full appeal hearing is the one we really need to win.

"The judge gave consideration to the massive amount of support demonstrated for Sakchai.

"The cheering thing is we have had a fair and impartial consideration of this case which is the one thing the Home Office has denied him."

Campaigner Davie Gardner said: "Let's hope his release is a good sign for the appeal.

"We will treat is as a good sign as they must trust him not to be a danger to the public or at risk of absconding.

"The ordeal he has suffered is lifted in a temporary sense.

"The campaign will now double its efforts."

Makao has won athletics medals in Shetland, taking part in sports such as the long jump and triple jump.

More than a third of the population of Shetland has signed a petition calling for his release, and about 800 people turned up to a demonstration on Shetland in his support.

The Home Office said it could not comment on individual cases.

Source: BBC NEWS - Tuesday, 20 June 2006

[Scott]

What exactly is fire-raising? How serious of a crime is it?

[Totster]

What exactly is fire-raising? How serious of a crime is it?

It's the same as arson

totster

[Crossy]

What exactly is fire-raising? How serious of a crime is it?

Arson!

And yes, it is a serious offence.

[Scott]

I am wondering why the local people want him to stay. It would be interesting to hear more about the story. Either the arson wasn't all the serious or he is a really well liked guy. I mean, I don't know that I would defend a drunken fire-setter without a really good reason.

[naka]

Guess he don't want to serve out his sentence in Bang Kwang then.

Naka

[Totster]

More here - http://news.scotsman.com/politics.cfm?id=888902006

totster

[johnh101]

The locals don't want to lose their only source of decent food !

[HarryHacker]

A further up-date: http://www.shetlandtoday.co.uk/shetlandtim...ContentID=19509

This lad reminds me of my step-son, who went to the UK when he was only five years old. Like Sakchai, he also can’t read or write Thai and indeed hardly ever speaks Thai. He has also all but turned his back on Thailand, has no interest in his roots and is more than happy being a Brit! Again, my lad was also a pool lifeguard, however he is now a policeman.

Happy days.

[Jai Dee]

Judge frees Thai man at deportation hearing and criticises Home Office

Sakchai Makao after leaving court yesterday, freed until a full hearing on 7 July

A JUDGE yesterday freed a Thai-born man on bail to return to Shetland and criticised the Home Office's handling of its attempts to deport him.

Sakchai Makao had been held for two weeks in Durham prison after he was arrested on 6 June at his home in Lerwick. His detention came in the wake of the scandal over the release of hundreds of foreign prisoners who should have been considered for deportation.

But the arrest of the 23-year-old - who in 2004 served eight months of a 15-month sentence for two counts of culpable and reckless fire-raising committed while drunk - prompted a campaign by the Shetland community to secure his release.

Yesterday, at an asylum and immigration tribunal in North Shields, North Tyneside, that campaign paid dividends when Mr Makao was released on bail of £2,010 - £2,000 from two of his Shetland supporters and £10 of his own money - pending a full hearing at the same court on 7 July.

Outside the court after the hearing, Mr Makao thanked those who had campaigned for his release and professed his love of his adopted home. "I would like to thank the people of Shetland with all my heart," he said. "Their support and commitment show what an incredible place Shetland is. I am proud to be called a Shetlander."

Mr Makao moved to Shetland with his mother, sister and step-father in 1993 and has not been back to Thailand.

"I feel British. I don't read Thai or understand it," he said, adding: "I love Shetland. There is nowhere I would rather be."

His lawyers prevented him from discussing his feelings about his incarceration, but he said all he wanted to do now was to go home. "The past two weeks have been the most scary in my life," he said.

Mr Makao is expected to return to Lerwick today. His case has provoked widespread support, with more than 7,000 people signing a petition demanding his release.

The majority of his bail money was guaranteed by his employers at the Shetland Recreational Trust, where he works as a lifeguard.

It was that support which played a key part in securing his release, with even the lawyer representing the Home Office, Steve Halliday, accepting that there were people who would be looking out for him.

Mr Halliday attempted to have the date of a full hearing put back to allow more time for the Home Office to prepare its case, but his application was rejected by the judge, John Aitken, who also criticised the Home Office's handing of the case.

Informed by Mr Halliday that it might take another three to four weeks to prepare the paperwork, Judge Aitken told him: "That is quite a time. It is not a terribly complex case from the Home Office point of view."

Pointing out that Mr Makao was largely of previous good character, he added: "It is difficult to see what other complex documents need to be prepared."

Judge Aitken had already expressed frustration that he had been handed a 50-page bundle of paperwork relating to the case minutes before it was due to be heard.

In reply, Mr Halliday explained that the Home Office had been unaware there would be a bail application until late the previous day. He also revealed that he had been unable to use official documents to read up on the case and had instead relied on press reports.

Granting bail, Judge Aitken said it was clear there was no evidence of previous absconding, Mr Makao had never shown any disregard for immigration laws - and, in fact, had a history of complying with such legislation - and appeared to have strong ties with the UK.

Mr Makao will return to a hero's welcome when he flies into Shetland today to be reunited with the friends and colleagues who have led the campaign for his release.

Davie Gardner, a long-time friend who set up the Shetland for Sakchai campaign after the arrest of the young Thai national, said news of his release had been greeted with a "massive sigh of relief" on Shetland.

He said: "We are delighted that his horrendous ordeal has at least been temporarily lifted. I am delighted that sense and justice have prevailed."

Mr Makao's release was also welcomed by Tavish Scott, the Scottish transport minister and the MSP for Shetland.

Source: The Scotsman - 21 June 2006

[English Noodles]

Thats the difference between the UK and Thailand, If this had been a case about a farang in Thailand it would have just been 'SEE YA'.

[game4shame]

The locals don't want to lose their only source of decent food !

....or if he has any female rels, the only source of eye-candy.

[taxexile]

a great story with a good ending. brings a tear to the eyes of this exile.

and well done the people of shetland , but shame on the immigration dept as who , as usual, never get anything right. wanting to kick out the good'uns whilst allowing the bad'uns to stay.

Thats the difference between the UK and Thailand, If this had been a case about a farang in Thailand it would have just been 'SEE YA'.

would be interesting to see if a thai village would organise a campaign of support for a long staying falang who was being deported for some minor infraction of the rules.

[plachon]

If Sakchai says he loves it there and can put up with the weather in the Shetlands (it hardly ever gets above 15 C, even in summer!!!!) then it can be safely assumed he is well acclimatised and integrated into the local culture. Part of which is getting totally and utterly pishhhed and raising hel_l once in a while..... well, every Friday and Saturday night to be more specific.

Good on the people of Shetlands and the local MP for looking after an immigrant as one of their own. Speaks volumes.

[Scott]

I hope his eventual deportation hearing ends favorably for him. It's nice to see that he is really wanted.

[Jai Dee]

Tears and cheers as Thai man facing deportation returns to Shetland

THE young Thai national at the centre of a bitter deportation battle made an emotional and triumphant return to his adopted home in Shetland last night.

Sakchai Makao, 23, who has lived on the islands since he was ten, flew into Sumburgh airport shortly before 5pm to be greeted by scores of Shetlanders who had fought for his release from prison.

It was 15 days since he left Shetland for what he feared was the last time - flown to the mainland in the company of immigration officials.

Last night a tearful Mr Makao summed up his homecoming in one word: "Brilliant." As he was greeted by members of his relieved family, friends and colleagues, he said: "It just brings tears to my eyes. It is so good to be back to see everybody.

"I cannot imagine being anywhere else than in Shetland. This is my home. This is where my friends are. The community has been brilliant. It touches me so much - I can't explain it."

Mr Makao, who has been advised by his lawyers against commenting on his threatened deportation, added: "It has been the best and the worst two weeks of my life. Being away from everybody has been stressful but knowing that the whole community is behind me has been the best. To be in that situation, just to find out that everybody at home has tried to get me out and supported me, lifts my heart."

Mr Makao, who served eight months of a 15-month jail sentence in 2004 for wilful fire raising, was arrested in a dawn raid at his home in Lerwick on 6 June and is facing deportation because he is a foreign national with a criminal record.

But on Tuesday Mr Makao, who works as a lifeguard at Lerwick's sports centre, was released on bail and allowed to return to the islands he loves and where he is regarded as a valued member of the local community, pending his deportation appeal hearing on 7 July.

More than 7,000 islanders, a third of the population of Shetland, signed a petition calling for Mr Makao to be freed, and his employers at the Shetland Recreational Trust posted the £2,000 bail to secure his release.

James Johnston, the manger of the trust, who accompanied Mr Makao on his flight home, described the welcome at Sumburgh airport as "unbelievable".

He added: "I am relieved that we managed to get Sakchai back to Shetland. It's great that people have turned out to greet him in his home. The past two weeks have been horrendous for him."

Davie Gardner, the close family friend who is leading the campaign against Mr Makao's deportation from the UK, stressed that the fight was far from over.

"This is only a temporary respite in what has been a nightmare for Sakchai," he said. "We recognise there is a battle still to be fought here - and a very big battle.

"Yesterday was relief. Today is delight. Tomorrow is determination again. We know we have a fight on our hands here.

"Hopefully the government will give him a second chance - the same as the community did - and return him to his rightful home in Shetland."

Sandy Cluness, the convener of Shetland Islands Council, has also revealed that he is planning to write to John Reid, the Home Secretary, on behalf of the islands authority, pleading for leniency at the appeal hearing.

Source: The Scotsman - 22 June 2006

[English Noodles]

a great story with a good ending. brings a tear to the eyes of this exile.

and well done the people of shetland , but shame on the immigration dept as who , as usual, never get anything right. wanting to kick out the good'uns whilst allowing the bad'uns to stay.

Thats the difference between the UK and Thailand, If this had been a case about a farang in Thailand it would have just been 'SEE YA'.

would be interesting to see if a thai village would organise a campaign of support for a long staying falang who was being deported for some minor infraction of the rules.

Yes tax, my point exactly. Good on the islanders for supporting him, it shows that people realy can integrate and become a real part of the fabric of a comunity in the UK, unfortunitly in Thailand i dont think you can, even if you have been here most your life speak, read and write Thai etc etc you will still be on the outside.

[saeb]

a great story with a good ending. brings a tear to the eyes of this exile.

and well done the people of shetland , but shame on the immigration dept as who , as usual, never get anything right. wanting to kick out the good'uns whilst allowing the bad'uns to stay.

Thats the difference between the UK and Thailand, If this had been a case about a farang in Thailand it would have just been 'SEE YA'.

would be interesting to see if a thai village would organise a campaign of support for a long staying falang who was being deported for some minor infraction of the rules.

Yes tax, my point exactly. Good on the islanders for supporting him, it shows that people realy can integrate and become a real part of the fabric of a comunity in the UK, unfortunitly in Thailand i dont think you can, even if you have been here most your life speak, read and write Thai etc etc you will still be on the outside.

We have been following this quite closely within Scotland and indeed, time served is time served, and that restituction to society has been served.

The guy was found (and admitted) willful fire raising which in itself is a very serious offence.

Being drunk is no defence at all under Scots law.

However, there is a consideration by the Crown case which lends to the fact the he is not in possession of a U.K. passport and that a Thai passport being valid for a 5 year period thus his leave to stay is transfered between renewed passports obtained from the Thai Embassy in London.

At the Immigration hearing the question will surely be asked , that, if living in Shetland for 13 years why has he not applied for U.K. passport? and what are his motives for not doing so?.

As this is a Thai based forum we get continual farts from people who say, " Do not overstay...Be leagal...ect..ect..." This guy got 13 years of community and legal support (free) to rationalise his right to abode.

His Sister and Mother who both live in U.K. have passports and are U.K. citizens.

Let us wait what the Sheriff has to say.

[GU22]

shame on the immigration dept as who , as usual, never get anything right. wanting to kick out the good'uns whilst allowing the bad'uns to stay.

No decision has yet been made on whether he can stay or has to go, he is merely out on bail pending the hearing.

Should he be allowed to stay? All I know is what I have read and heard on TV, so I cannot judge and will leave that up to the relevant court to decide.

Should he be considered for deportation? Yes. He committed a serious offence which could easily have resulted in serious injury or loss of life. The fact that he was drunk and almost certainly being egged on by another is no excuse. The only error in this (and it's a big one) is that the deportation hearing should have been held while he was still in prison, not two years after his release.

would be interesting to see if a thai village would organise a campaign of support for a long staying falang who was being deported for some minor infraction of the rules.

Arson (called fire raising in Scottish law) is not some minor infraction of the rules, it is a serious offence!

[samran]

Deporting someone who was brought to a country at young age, and for whatever reason hasn't signed the right papers for me is the lowest of the low acts.

He is a product of the UK for good or for bad...and you have to deal with him on the same terms as others who happen to have a UK passport.

Reminds me of the other bastard acts committed by Australian Dept of Immigration. In one case they deported an French born man of serbian descent back to Belgrade. He came to Australia when he was 3 years old, and had never gotten around to becoming an Australian citizen. He was a crim, and had done his time, and upon release, his permanent visa was revoked by the minister. Back to Serbia, where he didn't speak the language, had no family, and he ended up on the street.

Made me ashamed to be an Australian. As a nation, if you raise them, you deal with them. You don't pass them off to others and you don't punish them even further once they have paid their dues (especially in cases like this).

[Pattaya_Fox]

I wonder if the Fishmonger whose premises and car were destroyed was amongst his supporters?

Edited June 24, 2006 by Pattaya_Fox

[the scouser]

If someone commits a serious offence, the sentencing judge may recommend them for deportation. In this case no recommendation was made, so the Secretary of State gets a second bite of the cherry and has decided to seek to deport this Thai bloke on the grounds that his exclusion is conducive to the public good.

Whilst the decision to deport him has been taken in principle, as far as I'm aware, the actual deportation order has not been served. He will have a right of appeal which will probably run and run, so he's not going to be turfed out in the short term.

Of course, as Saeb noted, the big question is why he hasn't naturalised as a British citizen. Whatever the reason, he would not now qualify as his criminal record would mean that any application is bound to fail until such a time as his conviction is spent.

Scouse.

[mikeybee]

Well what do you expcet from the british justice system it's all right to keep the murders and sex pest's who nobody want's here but a little bit of arson and your hung drawn and quartered.

[oblivious]

I wonder if the Fishmonger whose premises and car were destroyed was amongst his supporters?

From what I can gather the entire community has accepted that the lad acted out of character in the aftermath of the death of his stepfather. There is no indication at all that any lives were put in danger by the act and no indication that he poses a current or future risk to the community of any kind.

The behaviour of the immigration department in this case has been disgusting. They acted on the basis he was a flight danger when he clearly wasn't. He was just an easy target when the brown stuff hit the fan over criminals who hadn't been properly considered for expulsion. Let's hope they do the decent thing at the appeal!

[Jai Dee]

100 MPs back battle to save Thai Shetlander

THE campaign to secure the freedom of the young Thai national from Shetland who is threatened with deportation has received a major boost from Westminster MPs.

Alistair Carmichael, the Liberal Democrat MP for Orkney and Shetland, yesterday revealed that a total of 100 MPs from across the political spectrum had signed his parliamentary motion in support of Sakchai Makao, who is due to learn his fate at a deportation hearing in North Shields tomorrow.

Mr Makao, 23, who has lived on Shetland since he was ten, is facing deport-ation to Thailand because he is a foreign national with a criminal record. He served an eight-month sentence for willful fire-raising in 2004.

"There is a growing awareness across the whole country and within Westminster that the treatment of Sakchai Makao by the Home Office has been appalling," said Mr Carmichael yesterday.

"MPs from every party represented in the House of Commons are backing Sakchai Makao. They realise it would be wrong to remove him from a community which wants him to stay and where he has spent most of his life."

He added: "On Friday the courts will decide whether or not Sakchai can remain in Shetland. The very considerable support he has in parliament can only add further weight to the campaign to keep him here."

Source: - Thu 6 Jul 2006

[Jai Dee]

A motion supporting a young Thai man threatened with deportation from Shetland has been signed by 100 MPs.

Sakchai Makao, 23, faces deportation as a foreign national with a criminal record after he spent eight months in jail two years ago for fire-raising.

His deportation appeal will be heard in North Shields, Tyneside, on Friday.

Orkney and Shetland MP Alistair Carmichael said: "MPs from every party represented in the House of Commons are backing Sakchai Makao."

The MP welcomed news that so many MPs had signed the parliamentary motion in support of Makao, who has lived on Shetland since he was 10.

Mr Carmichael said: "There is a growing awareness across the whole country and within Westminster that the treatment of Sakchai Makao by the Home Office has been appalling.

"MPs realise that it would be wrong to remove Sakchai from a community which wants him to stay and where he has spent most of his life.

"On Friday the courts will decide whether or not Sakchai can remain in Shetland.

"The very considerable support he has in parliament can only add further weight to the campaign to keep him here."

More than 200 well-wishers turned out at a rally in Shetland on Tuesday night to show Makao their support.

The Home Office has said it cannot comment on individual cases.

Source: BBC News - 6 July 2006

[Jai Dee]

Thai man faces deportation ruling

A Thai man at the centre of a deportation row is heading to England in preparation for a final court ruling on his future.

Sakchai Makao from Shetland was granted bail two weeks ago after being detained by immigration officials as a foreign national with a criminal record. Hundreds of islanders turned out to wish him good luck as he spent his last night at home in Shetland before he learns his fate. The support rally, which was held in the Clickimin Centre in Lerwick, showed the overwhelming support for the 23-year-old Thai national who has lived there since he was a child.

Islanders have rallied to stop Sakchai from being deported after he was detained last month as part of a Home Office crackdown on foreign nationals with a criminal record. He was given bail two weeks ago but his appeal is being heard this Friday in the north of England. Last night he expressed his thanks to the community.

Sakchai spent eight months in jail for fireraising two years ago, but islanders say he should be given a second chance. He is leaving Shetland today to travel to North Shields for the immigration tribunal, where he will appeal against plans to deport him. If he loses, he will be sent back to Thailand, the country he left when he was just ten years old.

Source: Scotland Today - 06 July 2006

[TBWG]

Thai man bailed ahead of appeal

Sakchai Makao has lived on the islands since he was 10

A young Thai man facing deportation from Shetland has been released on bail pending his appeal.

Sakchai Makao, 23, who has lived on the islands since he was 10, was taken from his home in Lerwick two weeks ago.

He was being held in Durham Jail while awaiting deportation as a foreign national with a criminal record. He was convicted of fireraising in 2004.

Makao told BBC Scotland after his release on bail: "I feel great, I have had so much support."

A judge decided he could return to Lerwick pending his appeal against Home Office plans to deport him.

"The judge gave consideration to the massive amount of support demonstrated for Sakchai " -Alistair Carmichael Orkney and Shetland MP

His bail application was heard at the North Shields Asylum and Immigration Centre in the north east of England and he is expected back in Lerwick on Wednesday.

Makao said: "I just want to get home and get back to normal."

Of his next goal of avoiding deportation he said: "It's one step closer but it's still a battle."

He spent eight months in jail for fire-raising two years ago.

Lerwick Sheriff Court heard a mobile building and car were destroyed by fire when he was drunk in "two moments of madness" in 2002.

Efforts 'doubled'

The appeal against moves to deport him will be heard on 7 July.

Politicians and local campaigners welcomed his release on bail.

Scottish Lib Dem Orkney and Shetland MP Alistair Carmichael told the BBC Scotland news website: "I am delighted that Sakchai has been released and is going home.

"But this is not the end and the full appeal hearing is the one we really need to win.

"The judge gave consideration to the massive amount of support demonstrated for Sakchai.

"The cheering thing is we have had a fair and impartial consideration of this case which is the one thing the Home Office has denied him."

Campaigner Davie Gardner said: "Let's hope his release is a good sign for the appeal.

"We will treat is as a good sign as they must trust him not to be a danger to the public or at risk of absconding.

"The ordeal he has suffered is lifted in a temporary sense.

"The campaign will now double its efforts."

Makao has won athletics medals in Shetland, taking part in sports such as the long jump and triple jump.

More than a third of the population of Shetland has signed a petition calling for his release, and about 800 people turned up to a demonstration on Shetland in his support.

The Home Office said it could not comment on individual cases.

Source: BBC NEWS - Tuesday, 20 June 2006

Hi

I see he has won his appeal and is to be allowed to stay. See BBC news

TBWG