Murder on Thai train: Lawyers Council to offer help for family of slain girl

[webfact]

Lawyers council to offer help for family of slain girl on train



BANGKOK: -- The Lawyers Council of Thailand is ready to offer legal help to the family of the 13-year-old girl who was raped and slain on the State Railways of Thailand (SRT) train as it reasons civil damages could be demanded from the train operator for its unsafe services.

Council president Dej-udom Krairit revealed the legal offer after realising the grief and sorrow suffered by the family of the victim, Nong Gaem, saying at least compensation from civil damage could help to partly remedy their loss.

He said that the council considered this to be also a consumer protection case which the victim could file civil suit with the Civil Court to demand compensation from the SRT which provides public transport but was unsafe and caused danger to life.

He said the SRT must be held responsible for the loss of life and psychological damages to her parents.

He said parents of the victim might allow the lawyers council to take part in hearing all facts during inquiry process so that it could gather substantial information and evidence to proceed the civil case against the SRT free of charges.

He said the council will demand compensation for loss of life, of freedom, funeral expenditures, loss of a family patron, and psychological damage plus interest until all compensation is paid up.

Source: http://englishnews.thaipbs.or.th/lawyers-council-offer-help-family-slain-girl-train/

-- Thai PBS 2014-07-09

[Cuchulainn]

For <deleted> sake, stop the whole train system. It's a mess. It's a joke. It's pathetic. It's embarrassing

[ClutchClark]

From a legal standpoint, what would have been the SRT liability if the assailant had not been an employee of the railroad?

"He said that the council considered this to be also a consumer protection case which the victim could file civil suit with the Civil Court to demand compensation from the SRT which provides public transport but was unsafe and caused danger to life."

From this brief statement, it sounds like the grounds for a civil case would exist simply by the railroads failure to provide a safe environment.

Edited July 9, 2014 by ClutchClark

[pattayaorganic]

From a legal standpoint, what would have been the SRT liability if the assailant had not been an employee of the railroad?

"He said that the council considered this to be also a consumer protection case which the victim could file civil suit with the Civil Court to demand compensation from the SRT which provides public transport but was unsafe and caused danger to life."

From this brief statement, it sounds like the grounds for a civil case would exist simply by the railroads failure to provide a safe environment.

Not a very meaningful question and I fail to see your point. Whatever the liability would be if the assailant was not an employee of SRT, it is a much larger breach and hence the liability should/will be much higher in the case that an employee was responsible. Note that the first press release contained a face-saving bald faced lie that he was a subcontractor.

Also the news today is focusing on alcohol while the original report was that he admitted to taking meth as well as drinking beers with his friends. Friends likely being co-workers that allowed this employee for a firm which provides public transportation to families in Thailand to brutally rape and murder a helpless 13 year old girl.

I don't believe this is just a case of civil damages but likely also criminal negligence at many levels in this organisation which should go all the way to the top.

[Morakot]

the council considered this to be also a consumer protection case which the victim could file civil suit with the Civil Court to demand compensation from the SRT which provides public transport but was unsafe and caused danger to life.

Interesting move.

[TheFishman1]

Sad when you think your safe at night sleeping on a train . Very sad state if affairs and so young. The guy just be put somewhere so he can't ever do this again

[PaulHamon]

Only help need is to hook the rapist/murders NUTS to some jumper cables and let them sizzle ongoing for the next 50 years.

[lostsoul49]

I suspect they will also sue for their legal expenses which wouldn't really make this a free offer of help.

They may have also tried to use a different wording as a replacement for 'remedy the situation'.... how can you ever remedy THIS situation.

[Essex Exile]

Glad to hear the family will receive free advice and guidance.

I hope they sue the disgrace that is SRT for as much as possible.

[ClutchClark]

From a legal standpoint, what would have been the SRT liability if the assailant had not been an employee of the railroad?

"He said that the council considered this to be also a consumer protection case which the victim could file civil suit with the Civil Court to demand compensation from the SRT which provides public transport but was unsafe and caused danger to life."

From this brief statement, it sounds like the grounds for a civil case would exist simply by the railroads failure to provide a safe environment.

Not a very meaningful question and I fail to see your point. Whatever the liability would be if the assailant was not an employee of SRT, it is a much larger breach and hence the liability should/will be much higher in the case that an employee was responsible. Note that the first press release contained a face-saving bald faced lie that he was a subcontractor.

Also the news today is focusing on alcohol while the original report was that he admitted to taking meth as well as drinking beers with his friends. Friends likely being co-workers that allowed this employee for a firm which provides public transportation to families in Thailand to brutally rape and murder a helpless 13 year old girl.

I don't believe this is just a case of civil damages but likely also criminal negligence at many levels in this organisation which should go all the way to the top.

There was no point beyond attempting to receive an answer to my question...which you failed to provide.

You are understandably quite emotionally distraught and angry; however, your emotion appears to be less about Justice and more about revenge.

You are angry at everyone, including me for simply asking a question. This was a terrible tragedy; however, the culpability of the railroad is still being established and that is what this OP concerns. Your emotional outbursts are perhaps best suited for the various other threads.

[Trembly]

Glad to hear the family will receive free advice and guidance.

I hope they sue the disgrace that is SRT for as much as possible.

Indeed.

The Governor of the SRT has behaved appallingly in the aftermath of the crime.

First he lies about the employment of the rapist, then he responds to calls for him to resign with "how is my resignation going to help anything?"; and finally he makes a ridiculously cack-handed attempt to look like he is doing something by slapping an alcohol ban on all paying passengers.

I would like to think that the head of the lawyer's council is offering the council's pooled resources pro-bono because he felt just as appalled as I did at the SRT Governor's lack of responsibility.

Edited July 9, 2014 by Trembly

[Gillyflower]

Lostsoul49

In the British legal system it is quite normal for a winning side to claim legal fees. That they are awarded them or not is another story. Also these fees are strictly controlled by a chart. They can't claim just anything. So it could be a case of free help. Whether it is the same in Thailand I would not know.

[ClutchClark]

Glad to hear the family will receive free advice and guidance.

I hope they sue the disgrace that is SRT for as much as possible.

Indeed.

The Governor of the SRT has behaved appallingly in the aftermath of the crime.

First he lies about the employment of the rapist, then he responds to calls for him to resign with "how is my resignation going to help anything?"; and finally he makes a ridiculously cack-handed attempt to look like he is doing something by slapping an alcohol ban on all paying passengers.

I would like to think that the head of the lawyer's council is offering the council's pooled resources pro-bono because he felt just as appalled as I did at the SRT Governor's lack of responsibility.

We don't know if he lied or if he was provided incorrect information by his HR Dept.

His question as to what benefit his dismissal would bring is a perfectly reasonable question. During this investigation, there is zero benefit at disrupting the management because doing so only creates confusion which could impede the progress of the investigation. The requests for his immediate dismissal are misplaced anger at the brutal assault and murder. They do not assist in the investigation of the crime.

[Trembly]

Glad to hear the family will receive free advice and guidance.

I hope they sue the disgrace that is SRT for as much as possible.

Indeed.

The Governor of the SRT has behaved appallingly in the aftermath of the crime.

First he lies about the employment of the rapist, then he responds to calls for him to resign with "how is my resignation going to help anything?"; and finally he makes a ridiculously cack-handed attempt to look like he is doing something by slapping an alcohol ban on all paying passengers.

I would like to think that the head of the lawyer's council is offering the council's pooled resources pro-bono because he felt just as appalled as I did at the SRT Governor's lack of responsibility.

We don't know if he lied or if he was provided incorrect information by his HR Dept.

His question as to what benefit his dismissal would bring is a perfectly reasonable question. During this investigation, there is zero benefit at disrupting the management because doing so only creates confusion which could impede the progress of the investigation. The requests for his immediate dismissal are misplaced anger at the brutal assault and murder. They do not assist in the investigation of the crime.

Heads of organisations resigning in acceptance of responsibility for serious failures by subordinates is common practice in quite a few countries. If the boss isn't ultimately responsible for what goes on in an organisation, who is?

It happened under his watch. The circumstances that allowed it to happen, happened under his watch. A lot of negative stuff about the SRT has been making the news under his watch . . .

Edited July 9, 2014 by Trembly

[northernjohn]

I wonder if it will be free if they sue for say one million baht and win the case.

[3NUMBAS]

just another child/baby killer to add to the long list of such cases over the years . all of them on drugs

[Bung]

Why not? If you hit some drunk guy riding a motorbike down the wrong side of the road and kill him you are liable for his funeral expenses and compensation to the family at the least.

If you are a Farang of course......

[ClutchClark]

Glad to hear the family will receive free advice and guidance.

I hope they sue the disgrace that is SRT for as much as possible.

Indeed.

The Governor of the SRT has behaved appallingly in the aftermath of the crime.

First he lies about the employment of the rapist, then he responds to calls for him to resign with "how is my resignation going to help anything?"; and finally he makes a ridiculously cack-handed attempt to look like he is doing something by slapping an alcohol ban on all paying passengers.

I would like to think that the head of the lawyer's council is offering the council's pooled resources pro-bono because he felt just as appalled as I did at the SRT Governor's lack of responsibility.

We don't know if he lied or if he was provided incorrect information by his HR Dept.

His question as to what benefit his dismissal would bring is a perfectly reasonable question. During this investigation, there is zero benefit at disrupting the management because doing so only creates confusion which could impede the progress of the investigation. The requests for his immediate dismissal are misplaced anger at the brutal assault and murder. They do not assist in the investigation of the crime.

Heads of organisations resigning in acceptance of responsibility for serious failures by subordinates is common practice in quite a few countries. If the boss isn't ultimately responsible for what goes on in an organisation, who is?

It happened under his watch. The circumstances that allowed it to happen, happened under his watch. A lot of negative stuff about the SRT has been making the news under his watch . . .

Then allow time for the facts to come to light. Right now, the focus and energy is rightfully spent on the criminal investigation and an immediate dismissal of Department heads will not facilitate that investigation. Yours is a "vigilante" justice.

There are systemic issues within the SRT that mirror the same issues throughout Thailand--nepotism, cronyism, lax enforcement of rules and laws. This concept of it happening under his watch is foolish, this crime was an single event which could not have been imagined. Obviously, no one was able to predict its occurrence.

The assailant is a rapist. He has now admitted to previous attacks that were never made reported.

The Gov of the SRT has held the position for how long? Less than two years? For all you know he has been making efforts to overhaul the system but with any Institution, such efforts are not measured in days, weeks or months--but rather years. Let the investigation take place--put your noose and weapons away--witch hunts went out of fashion in the Age of Reason.

[Trembly]

We don't know if he lied or if he was provided incorrect information by his HR Dept.

His question as to what benefit his dismissal would bring is a perfectly reasonable question. During this investigation, there is zero benefit at disrupting the management because doing so only creates confusion which could impede the progress of the investigation. The requests for his immediate dismissal are misplaced anger at the brutal assault and murder. They do not assist in the investigation of the crime.

Heads of organisations resigning in acceptance of responsibility for serious failures by subordinates is common practice in quite a few countries. If the boss isn't ultimately responsible for what goes on in an organisation, who is?

It happened under his watch. The circumstances that allowed it to happen, happened under his watch. A lot of negative stuff about the SRT has been making the news under his watch . . .

Then allow time for the facts to come to light. Right now, the focus and energy is rightfully spent on the criminal investigation and an immediate dismissal of Department heads will not facilitate that investigation. Yours is a "vigilante" justice.

There are systemic issues within the SRT that mirror the same issues throughout Thailand--nepotism, cronyism, lax enforcement of rules and laws. This concept of it happening under his watch is foolish, this crime was an single event which could not have been imagined. Obviously, no one was able to predict its occurrence.

The assailant is a rapist. He has now admitted to previous attacks that were never made reported.

The Gov of the SRT has held the position for how long? Less than two years? For all you know he has been making efforts to overhaul the system but with any Institution, such efforts are not measured in days, weeks or months--but rather years. Let the investigation take place--put your noose and weapons away--witch hunts went out of fashion in the Age of Reason.

Who says I've got a noose out for him?

All I'm calling for is accountability. I don't see how a police investigation will be affected by him being in or out of his current job. He can tender his resignation, which can be accepted on the condition that he stays on to cooperate with the investigation until it is finished, or whatever.

Actions surely speak louder than words but the words of the SRT governor hardly inspire much more confidence than his actions. I know the options are rather limited if you can't read Thai, but do your own research and may see why I think that now is as a good a time as any to give him the boot.

Edited July 9, 2014 by Trembly

[ClutchClark]

We don't know if he lied or if he was provided incorrect information by his HR Dept.

His question as to what benefit his dismissal would bring is a perfectly reasonable question. During this investigation, there is zero benefit at disrupting the management because doing so only creates confusion which could impede the progress of the investigation. The requests for his immediate dismissal are misplaced anger at the brutal assault and murder. They do not assist in the investigation of the crime.

Heads of organisations resigning in acceptance of responsibility for serious failures by subordinates is common practice in quite a few countries. If the boss isn't ultimately responsible for what goes on in an organisation, who is?

It happened under his watch. The circumstances that allowed it to happen, happened under his watch. A lot of negative stuff about the SRT has been making the news under his watch . . .

Then allow time for the facts to come to light. Right now, the focus and energy is rightfully spent on the criminal investigation and an immediate dismissal of Department heads will not facilitate that investigation. Yours is a "vigilante" justice.

There are systemic issues within the SRT that mirror the same issues throughout Thailand--nepotism, cronyism, lax enforcement of rules and laws. This concept of it happening under his watch is foolish, this crime was an single event which could not have been imagined. Obviously, no one was able to predict its occurrence.

The assailant is a rapist. He has now admitted to previous attacks that were never made reported.

The Gov of the SRT has held the position for how long? Less than two years? For all you know he has been making efforts to overhaul the system but with any Institution, such efforts are not measured in days, weeks or months--but rather years. Let the investigation take place--put your noose and weapons away--witch hunts went out of fashion in the Age of Reason.

Who says I've got a noose out for him?

All I'm calling for is accountability. I don't see how a police investigation will be affected by him being in or out of his current job. He can tender his resignation, which can be accepted on the condition that he stays on to cooperate with the investigation until it is finished, or whatever.

Actions surely speak louder than words but the words of the SRT governor hardly inspire much more confidence than his actions. I know the options are rather limited if you can't read Thai, but do your own research and may see why I think that now is as a good a time as any to give him the boot.

I do not speak Thai.

I also don't know if he has been attempting to clean up the systemic problems that plague the SRT. That is why I say the rational, the non-emotional, way to proceed is through investigation rather than lynchmob mentality.

I do know that his time during his tenure was rightfully better spent looking at the large scale problems within his organization than to focus on whether an employee hired to do laundry had received his position by nepotism.

Is he supposed to personally investigate the hiring of every low-level employee within the SRT?

Obviously not.

[Trembly]

We don't know if he lied or if he was provided incorrect information by his HR Dept.

His question as to what benefit his dismissal would bring is a perfectly reasonable question. During this investigation, there is zero benefit at disrupting the management because doing so only creates confusion which could impede the progress of the investigation. The requests for his immediate dismissal are misplaced anger at the brutal assault and murder. They do not assist in the investigation of the crime.

Heads of organisations resigning in acceptance of responsibility for serious failures by subordinates is common practice in quite a few countries. If the boss isn't ultimately responsible for what goes on in an organisation, who is?

It happened under his watch. The circumstances that allowed it to happen, happened under his watch. A lot of negative stuff about the SRT has been making the news under his watch . . .

Then allow time for the facts to come to light. Right now, the focus and energy is rightfully spent on the criminal investigation and an immediate dismissal of Department heads will not facilitate that investigation. Yours is a "vigilante" justice.

There are systemic issues within the SRT that mirror the same issues throughout Thailand--nepotism, cronyism, lax enforcement of rules and laws. This concept of it happening under his watch is foolish, this crime was an single event which could not have been imagined. Obviously, no one was able to predict its occurrence.

The assailant is a rapist. He has now admitted to previous attacks that were never made reported.

The Gov of the SRT has held the position for how long? Less than two years? For all you know he has been making efforts to overhaul the system but with any Institution, such efforts are not measured in days, weeks or months--but rather years. Let the investigation take place--put your noose and weapons away--witch hunts went out of fashion in the Age of Reason.

Who says I've got a noose out for him?

All I'm calling for is accountability. I don't see how a police investigation will be affected by him being in or out of his current job. He can tender his resignation, which can be accepted on the condition that he stays on to cooperate with the investigation until it is finished, or whatever.

Actions surely speak louder than words but the words of the SRT governor hardly inspire much more confidence than his actions. I know the options are rather limited if you can't read Thai, but do your own research and may see why I think that now is as a good a time as any to give him the boot.

I do not speak Thai.

I also don't know if he has been attempting to clean up the systemic problems that plague the SRT. That is why I say the rational, the non-emotional, way to proceed is through investigation rather than lynchmob mentality.

I do know that his time during his tenure was rightfully better spent looking at the large scale problems within his organization than to focus on whether an employee hired to do laundry had received his position by nepotism.

Is he supposed to personally investigate the hiring of every low-level employee within the SRT?

Obviously not.

You're barking up the wrong tree with your talk of lynch mobs.

Proper management of human capital is a large scale issue for the SRT. Corporate culture is a large scale issue for the SRT. This particular crime is just one very acute manifestation of endemic issues within the decrepit SRT.

His very response should be reason enough to question his suitability for the job.

Edited July 9, 2014 by Trembly

[ClutchClark]

Within any institution or corporate setting, crises take place.

This was an unforeseen event and could in no way have been anticipated to occur. Not by anyone.

Its absolutely ridiculous to insist heads need to roll without even a proper investigation.

Obviously, you are quite excitable.

[troysantos]

What I'm wondering is if Thailand is going to become something of the litigious society that the US has become. I agree that this crime is ... (I don't have a good word for how I feel and what I think), that there should be punishment. It's a case like this that few would argue justify lawsuits against this person and that person, and this company / agency / department / organization etc. etc. Just wondering if this is going to lead to more and more lawsuits, and if all this will lead Thais to sue people for all sorts of things.

[Rimmer]

Argumentative post removed

[ratcatcher]

For <deleted> sake, stop the whole train system. It's a mess. It's a joke. It's pathetic. It's embarrassing

And then what.......................?

Millions of people rely daily on the rather antiquated railway system we have here in Thailand, but derailments and tragedies similar to this one notwithstanding, it seems to get by given the state of management and finances.

"It's a mess. It's a joke. It's pathetic. It's embarrassing."

Dr Richard Beeching said that of British Railways in the 1960s and look what happened.

[Thai at Heart]

What I'm wondering is if Thailand is going to become something of the litigious society that the US has become. I agree that this crime is ... (I don't have a good word for how I feel and what I think), that there should be punishment. It's a case like this that few would argue justify lawsuits against this person and that person, and this company / agency / department / organization etc. etc. Just wondering if this is going to lead to more and more lawsuits, and if all this will lead Thais to sue people for all sorts of things.

The only hope for recompense for this family through the courts. This is fair and right. If it means thailand becomes.like the USA so the little guy can fight the big guy, so be it.

[ClutchClark]

What I'm wondering is if Thailand is going to become something of the litigious society that the US has become. I agree that this crime is ... (I don't have a good word for how I feel and what I think), that there should be punishment. It's a case like this that few would argue justify lawsuits against this person and that person, and this company / agency / department / organization etc. etc. Just wondering if this is going to lead to more and more lawsuits, and if all this will lead Thais to sue people for all sorts of things.

The only hope for recompense for this family through the courts. This is fair and right. If it means thailand becomes.like the USA so the little guy can fight the big guy, so be it.

What "big guy"?

The RR did not brutally attack and murder this poor girl--a scumbag young man did that and he did it all alone. He has been arrested. No one is covering anything up. There is no "fair" in this terrible tragedy and the "right" will come with his punishment.

Thailand cannot afford to become like the US--this entire country is one huge liability, its one huge accident waiting to happen. The criminal courts don't even function properly, and you suggest burdening it with a civil litigation system like the US.

Edited July 10, 2014 by ClutchClark

[pasak]

A small contingent of weak minded liberals are all for blaming the crime on drugs and alcohol and attempting to rehabililtate this 'maggot that crawled out of a dog turd", as one poster described him.

But the upside is that his life will be hell in whatever Thai prison he ends up in. If he was to top himself before he makes it to jail he'd be doing himself a big favour. If the other inmates themselves do not deal with him of their own accord then it is easy to bribe them or the prison officers to deliver the justice he richly deserves.

99pc of prison officers and prison governors in Thailand are bribable (no surprises there). I live next door to an obese female prison governor. She lives a lifestyle way above that which her salary could possibly support and she makes the extra money by taking bribes from inmate's relatives.

I just hope we get to hear the sequel to this horror story. It goes something like: "Behinded by bars" and tells of his daily rectal torture by the other inmates. A slow and agonising death, delivered by degrees, by the other inmates.