State Railway of Thailand may drop challenge to 2002 claim for compensation

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SRT may drop challenge to 2002 claim for compensation
The Nation July 22, 2014 1:00 am


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Fight against ruling allowing payment tovictim of 2001 rape has gone on 'too long'

BANGKOK: -- THE STATE Railway of Thailand (SRT) is considering scrapping its appeal against a court order that it compensate a woman who was raped on its train in 2001.

"We should withdraw the appeal and act on the court order," acting SRT governor Prasert Attanan said yesterday. He spoke after accepting a petition from the victim.

The woman showed up at the SRT yesterday and asked Prasert to cancel its challenge on two initial rulings in her favour. "Please give me mercy and justice," she said in her petition.

The woman was riding a train for a work trip when an on-duty SRT worker, Nattapat or Rittidej Jakchai, raped her. He was found guilty and sentenced to jail. The victim also won her case in the Civil Court, which ruled that the rapist and the SRT pay her Bt3.07 million in compensation, plus interest calculated from the case-filing date of July 16, 2002. The Court of Appeals upheld the lower court's verdict but the SRT has appealed to the Supreme Court.

When the interest is included, the amount of compensation must be now over Bt5 million.

Prasert said he would ask the SRT board at a special meeting this Friday to consider withdrawing the appeal.

"The case has already dragged on for 13 years now," he pointed out. "It's too long already."

The rape case came back to the media limelight after another SRT employee raped and killed a 13-year-old girl on July 6.

In the wake of the brutal crime, the National Council for Peace and Order (NCPO) sacked SRT Governor Prapat Chongsanguan. Prasert has since been appointed acting governor.

He said Prapat had intended to ask the SRT board to withdraw the appeal against the court order to compensate the 2001 victim too when he abruptly lost his post.

The rape victim will today submit a petition to NCPO chief General Prayuth Chan-ocha also.

Earlier this month, she said that the sexual attack had ruined not just her bright career but also her life.

Source: http://www.nationmultimedia.com/national/SRT-may-drop-challenge-to-2002-claim-for-compensat-30239108.html


-- The Nation 2014-07-22

[Somtamnication]

The honorable thing to do. 13 years fighting a victim. Disgusting!

[ukrules]

They have made their position very clear over the years - they 100% believe this woman deserves nothing.

What's changed ?

[lostsoul49]

The money here is not the issue, it is purely an issue of 'denial' from the SRT.

This latest gross incident has played right into this previous victim's hands... Good for her.

[jaidam]

They have made their position very clear over the years - they 100% believe this woman deserves nothing.

What's changed ?

One hopes the climate of pure nepotism in the SRT has ended. It is clear the latest rape and murder aboard a train took place due to the "connected" employees being in a position to act any way they wanted with no chance of punishment. This is exactly why Prapas head rolled.

[Suriya4]

No decision is final until the Supreme Court said so. What an injustice to SRT and their staffs.

[apetley]

No decision is final until the Supreme Court said so. What an injustice to SRT and their staffs.

What injustice against SRT are you on about?

The employee convicted of rape has already been through the Thai justice system.

The company has been found liable for their employees actions and ordered to pay compensation.

The whole sorry story has only been prolonged by SRT attempting to escape corporate liability by spinning out the appeals process by lengthy appeals after it too was found liable.

[ChrisY1]

Another rotten state enterprise.........and a shining example of the hopelessly inept justice system.....!

[Katipo]

The honorable thing to do. 13 years fighting a victim. Disgusting!

To be honest, i think it's a little too late for the State Railway to be honourable about this. I think in light of the other nasty business that took place on a train, they realise this could really blow up in their face...... the face they are now attempting to save.

[Just1Voice]

No decision is final until the Supreme Court said so. What an injustice to SRT and their staffs.

Careful, your lack of intelligence is showing again. Don't know much about the legal system, do you? Anyone filing an appeal against a lower court ruling has the right to withdraw that appeal before the Supreme Court makes their ruling. That's the law.

You say it's an injustice to the SRT and their staff? Well, their "staff" was already found guilty and sentenced to prison. Is that an injustice? What the SRT was appealing was the monetary payment the court also ordered to the woman who was raped. You think it's an injustice to compensate her for destroying her life? You are a disturbed individual who needs a serious look at life's realities.

[belg]

SRT has unlimited means... like in the USA... try to sue a big company and they will just bankrupt you in court & lawyer costs

disguesting

hope she gets 10 million

[chotthee]

No decision is final until the Supreme Court said so. What an injustice to SRT and their staffs.

Careful, your lack of intelligence is showing again. Don't know much about the legal system, do you? Anyone filing an appeal against a lower court ruling has the right to withdraw that appeal before the Supreme Court makes their ruling. That's the law.

You say it's an injustice to the SRT and their staff? Well, their "staff" was already found guilty and sentenced to prison. Is that an injustice? What the SRT was appealing was the monetary payment the court also ordered to the woman who was raped. You think it's an injustice to compensate her for destroying her life? You are a disturbed individual who needs a serious look at life's realities.

Why have an higher court if the lower court is final?

Are you saying that the supreme count CANNOT overturn a guilty verdict?

[Thaddeus]

Have the days of the big players being able to sweep things under the carpet finally come to an end..... I truly hope so.

[northernjohn]

They have made their position very clear over the years - they 100% believe this woman deserves nothing.

What's changed ?

We have an honest government.

[northernjohn]

Another rotten state enterprise.........and a shining example of the hopelessly inept justice system.....!

Speaking of hope let us hope that the justice system is changing and that was part of the reason the Railway is with drawing their appeal.

[Just1Voice]

No decision is final until the Supreme Court said so. What an injustice to SRT and their staffs.

Careful, your lack of intelligence is showing again. Don't know much about the legal system, do you? Anyone filing an appeal against a lower court ruling has the right to withdraw that appeal before the Supreme Court makes their ruling. That's the law.

You say it's an injustice to the SRT and their staff? Well, their "staff" was already found guilty and sentenced to prison. Is that an injustice? What the SRT was appealing was the monetary payment the court also ordered to the woman who was raped. You think it's an injustice to compensate her for destroying her life? You are a disturbed individual who needs a serious look at life's realities.

Why have an higher court if the lower court is final?

Are you saying that the supreme count CANNOT overturn a guilty verdict?

Not saying that at all, and you would have realized that if you had bothered to read AND comprehend my comments, which you apparently didn't. There are countless cases where a Supreme Court has overturned the ruling of a lower court. But that is not the point. My comment was directed to Suriyad4's crass and ignorant statement in regards to the law itself, of which it's apparent he has no clue to.

Edited July 22, 2014 by Just1Voice

[Thai at Heart]

This law that makes it illegal for State Employees to accept judgements and automatically appeal in order to prevent "damage to the state" is so immoral and wrong, it is beyond belief.

[ukrules]

This law that makes it illegal for State Employees to accept judgements and automatically appeal in order to prevent "damage to the state" is so immoral and wrong, it is beyond belief.

I didn't know they were obligated to appeal, I know almost nothing about Thai law.

This would seem to suggest that every case has to go all the way to the highest court in the land to exhaust all options of appeal no matter the size ?

If this is the case then I wonder who's paying the victims legal fees and I certainly hope in the event that the appeal is denied the compensation amount reflects the long and arduous struggle against the full weight of the legal system although for some reason I have a feeling that even if she wins she will only get the original amount.

[Thai at Heart]

This law that makes it illegal for State Employees to accept judgements and automatically appeal in order to prevent "damage to the state" is so immoral and wrong, it is beyond belief.

I didn't know they were obligated to appeal, I know almost nothing about Thai law.

This would seem to suggest that every case has to go all the way to the highest court in the land to exhaust all options of appeal no matter the size ?

If this is the case then I wonder who's paying the victims legal fees and I certainly hope in the event that the appeal is denied the compensation amount reflects the long and arduous struggle against the full weight of the legal system although for some reason I have a feeling that even if she wins she will only get the original amount.

It is standard fare. They have to appeal instead of paying up, because paying up is deemed to be damaging the state when there is even the smallest chance of the verdict being overturned.

Thus justice is denied and delayed and it is trully disgusting.