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Convicted rapists' retrial denied


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Convicted rapists' retrial denied
The Nation

30245224-01_big.jpg
Mongkhol Thothong and Nulom Adma, convicted of raping a minor detainee seven years ago and sentenced to 20 years

BANGKOK: -- The Court of Appeals yesterday rejected a request for a retrial made by two former Bangkok-based policemen who were both handed 20-year prison terms for raping a minor while in custody seven years ago.

The presiding judges said there was no new evidence that supported their petition based on the court procedural regulations.

The ruling came despite the victim previously saying she gave false testimony during earlier court proceedings.

The request for a retrial was lodged in February by the wives of the ex-officers.

The Supreme Court recently upheld the verdicts of the lower court.

Mongkhol Thothong and Nulom Adma, who were senior sergeants-major at Phet Kasem police station, were found guilty of raping the girl, then 16, while she being detained on criminal charges in 2007.

The Court of Appeals said the men could have filed a false-statement charge against the victim during earlier court proceedings but they filed it during the Court of Appeals stage, before the Supreme Court had upheld the convictions.

In the victim's statement in which she "admitted to lying:, she said she felt guilt over testifying falsely. However, the Court of Appeals deemed that she might have been motivated by other reasons.

The woman was sentenced to nine months' jail for perjury last December.

Source: http://www.nationmultimedia.com/national/Convicted-rapists-retrial-denied-30245224.html

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-- The Nation 2014-10-11

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This being Thailand, you can only wonder at the various incentives that might have come into play into persuading the young woman to change her testimony, particularly given that the convicted suspects were police.

That's assuming, of course, that she wasn't simply lying about the episode in the first place.

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Wait ..... is this serious??

The two policemen are convicted based on the testimony of the girl "victim".

The girl victim recants, and says her testimony was a lie.

The courts BELIEVE(!!) that she lied and sentence her to 9 months in jail!

But they tell the convicted policemen, "Sorry, you should have complained a few years ago" ???

Thai justice at its best??? :)

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'Lying motivated by other reasons', hence no retrial. What could these other reasons possibly be? Intimidation, threats against the girl and her family?

Perish the thought.

She was arrested for a criminal offense and that is why she was in police custody to begin with so maybe her "other reason" was to retaliate against the police who arrested her?

I always hear the RTP bashers on here complaining police get away with minimal punishments and are then let out the back door early.

This article seems to refute that worn-out dogma pretty clearly.

1) These were Senior Officers (positions of influence)

2) Sentenced to 20 years.

3) Still in prison and not allowed parole (rape occurred 2007).

Go figure.

Edited by ClutchClark
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'Lying motivated by other reasons', hence no retrial. What could these other reasons possibly be? Intimidation, threats against the girl and her family?

Perish the thought.

She was arrested for a criminal offense and that is why she was in police custody to begin with so maybe her "other reason" was to retaliate against the police who arrested her?

I always hear the RTP bashers on here complaining police get away with minimal punishments and are then let out the back door early.

This article seems to refute that worn-out dogma pretty clearly.

1) These were Senior Officers (positions of influence)

2) Sentenced to 20 years.

3) Still in prison and not allowed parole (rape occurred 2007).

Go figure.

That term, "basher" is really overused and comes off as sounding truly uneducated. Try something like "critic".

It is a known reality that it is within the nature of these ilk to do anything and say anything to get anything they want; ...hence... we do not know what to believe. All we do know is the general location of Thai people some of the time, and if the price is right, even the Thai courts and police will argue with you on that point and tell you that they were not there or they were, in fact there.

Again, one is dealing with the known reality that it is within the nature of these ilk to do anything and say anything to get anything they want?

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'Lying motivated by other reasons', hence no retrial. What could these other reasons possibly be? Intimidation, threats against the girl and her family?

Perish the thought.

She was arrested for a criminal offense and that is why she was in police custody to begin with so maybe her "other reason" was to retaliate against the police who arrested her?

I always hear the RTP bashers on here complaining police get away with minimal punishments and are then let out the back door early.

This article seems to refute that worn-out dogma pretty clearly.

1) These were Senior Officers (positions of influence)

2) Sentenced to 20 years.

3) Still in prison and not allowed parole (rape occurred 2007).

Go figure.

That term, "basher" is really overused and comes off as sounding truly uneducated. Try something like "critic".

It is a known reality that it is within the nature of these ilk to do anything and say anything to get anything they want; ...hence... we do not know what to believe. All we do know is the general location of Thai people some of the time, and if the price is right, even the Thai courts and police will argue with you on that point and tell you that they were not there or they were, in fact there.

Again, one is dealing with the known reality that it is within the nature of these ilk to do anything and say anything to get anything they want?

Basher more fairly represents the animosity and absurdity some posters make about RTP while "critic" suggests an educated thoughtful opinion. The posters I refer to are more succinctly described as Bashers. Actually, that post was the first time I ever used it.

The point being the article describes a "known" reality and not simply what we "choose" to believe. The officers are very clearly in prison serving long sentences and not getting favoritism of a retrial.

I frequently ask the "critics" on here to support their claims with proof, as much as these news articles can be considered "factual", and they never do. This article is one of the few time I have seen evidence in print to support or disprove their claims.

Cheers

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Wait ..... is this serious??

The two policemen are convicted based on the testimony of the girl "victim".

The girl victim recants, and says her testimony was a lie.

The courts BELIEVE(!!) that she lied and sentence her to 9 months in jail!

But they tell the convicted policemen, "Sorry, you should have complained a few years ago" ???

Thai justice at its best??? smile.png

She was convicted for lying about lying. If they had believed her these guys would have walked.

Why do you think they waited until it was too late in the judicial process - they fully expected to win their initial case and perhaps something went wrong, like their tame judge was ill that day?

Edited by ParadiseLost
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It is informative to read the many comments of outsiders, from people who can speak freely, not living in Thailand.

For insiders, foreigners living in Thailand, we better shut up ...

I would have to say so many things to lots of topics, but just try to remain silent.

So, I tell myself: SHUT UP, if you don't want to get into problems. And I do … SHUT UP!

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Wait ..... is this serious??

The two policemen are convicted based on the testimony of the girl "victim".

The girl victim recants, and says her testimony was a lie.

The courts BELIEVE(!!) that she lied and sentence her to 9 months in jail!

But they tell the convicted policemen, "Sorry, you should have complained a few years ago" ???

Thai justice at its best??? :)

Well actually it is justice at its best. Rapists stay in Jail and the person lying about such a serious matter gets just punishment - my goodness a judge with a sense of justice!

The issue here is one of corruption and for once justice looks like it was done - on the face of it of course since we really don't know the complete story!

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For two Policemen to go to jail on such a serious charge the plaintiff must have had a medical examination which proved she had been raped. Maybe there was even DNA (555) or other evidence to prove her claim.

She then recanted most probably either under threat or most likely financial reward. Therefore committing perjury.

I know it doesn't seem fair for her to go to jail but she perjured herself wasting the Court's time and giving the possibility of freedom to these two sexual predators.

I applaud the system and Judge for giving 20 year sentences. Even if they only end up serving half it's not much fun being a cop in jail.

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