Verdict in garbage collector's case was way too harsh

[Lite Beer]

EDITORIAL
Verdict in garbage collector's case was way too harsh
The Nation

BANGKOK: -- Surat Maneenopparatsuda needed mercy, not a jail cell, but kudos should go to the good samaritan who helped him

If Thailand were as rich as Norway and the government provided its people with adequate goods and services, perhaps sympathy for Surat Maneenopparatsuda wouldn't have been so high.

But Thailand is not Norway and many of the country's people are living hand-to-mouth on a day-by-day basis trying to make ends meet.

And so when a garbage collector was convicted for copyright infringement for selling pirated movies and compact discs from scrap he had collected, it was natural that sympathy would pour in from all sorts of directions.

On Thursday, the Supreme Court upheld the guilty verdict and ordered Surat to pay a Bt133,400 fine for the crimes committed.

Surat didn't have the money and therefore, was told he had to do time. A day in prison is counted as Bt200 in fines. But a good Samaritan who wishes to remain anonymous has paid the Bt133,400 for Surat, who would otherwise have had to spend 667 days in jail.

No one doubts Surat broke the law. The law he broke was made by legislators with the aim of protecting intellectual property and the entertainment industry, which relies on effective law enforcement all over the world to prevent their businesses being hijacked by pirates.

Surat committed the crime out of ignorance. He was just trying hard to make ends meet. He was selling the CDs and DVDs for Bt20. Obviously, these CDs and DVDs didn't mean much to the people who threw them out.

But for a 28-year-old garbage collector, it was an opportunity to earn a little money so he could get through the day. He is looking after his daughter and two parents. His wife is carrying their second child.

"So I scoured the house for something I could sell," Surat recounted on Friday, pointing to used clothes and bags as other items he was selling at his stall.

It was reported that at Saphan Sung District Office, Surat is a well-loved and hard-working garbage collector. According to Surat's lawyer, his daughter has health problems.

Surat thanked the Bangkok Metropolitan Administration for not firing him. Bangkok Governor Sukhumbhand Paripatra said the BMA was not permitted to use its financial resources to help with its employee's legal cases. So a fund is being set up independent of the BMA to do just that.

People were surprised that Surat was targeted when fake CDs and DVDs, not to mention many other fake brand-name items, are sold at shops and stalls all over the country.

One has to wonder why our law enforcement decided to pick on this garbage collector. Was it because he didn't have the money to pay off somebody or was it because our finest were just doing their job? If so, what about other stalls and shops that sell fake and pirated goods?

Our lawmakers are in Parlia-ment to make laws and our law enforcement officers are paid to enforce these laws. The law is supposed to be blind.

But our legislators and law enforcement officers are made up of men and women with heart and soul. We hope that their heart and soul comes with compassion and sensibility.

If we put ourselves in Surat's place, it's not hard to see that there is a fine line between criminal and victim. The first thing that comes to mind is probably mercy and the realisation that our state and society shouldn't be just about law and order. Because at the end of the day, it is the quality of that mercy and its sense of fair play that says who we are as a people and as a nation.

Source: http://www.nationmultimedia.com/opinion/Verdict-in-garbage-collectors-case-was-way-too-har-30247854.html

-- The Nation 2014-11-16

[mrjohndub]

He didn't have bribe money for police and courts, simple as that.

[Badbanker]

The copyright laws are made for people with money to punish them for their economic crime.

Judges often can't see the forest for the trees!

[NongKhaiKid]

Verdict was way too harsh !

That must be a candidate for understatement of the year.

[IamNoone88]

The poor will always get the worst deal. The rich will get away with murder.

[kriswillems]

He's not the only one, the police targets the poorest.

You can see it happening every day.

The poorest are unlikely to protest and easier to extort or convict.

Edited November 16, 2014 by kriswillems

[MrJohnson]

I think there may be people infringing copyright laws by selling counterfeit CD, DVD and clothing along Sukhumvit Rd. Should I call the police?

[WhizBang]

I think there may be people infringing copyright laws by selling counterfeit CD, DVD and clothing along Sukhumvit Rd. Should I call the police?

Don't bother. The police already know.

[BirdsandBooze]

It's an unfortunate fact that the law is used as a tool of the rich to supress the poor. This is one area that is crying out for reform in order to redress the balance.

[binjalin]

He didn't drive a Ferrari or have 'flu in Singapore' so had to be punished as an "example" to other poor people:

"law breaking is only for the RICH"

Thai justice? the good General should start right there

[delgarcon]

Great article by the Nation and well written for a change. It beggars belief that this poor guy could have spent 2 years in jail because hew couldn't pay his fine when sons of wealthy men go scot free after committing murder. What a disgusting set of values the judge in this case must have,

[retell]

read a few days ago that the fine was paid by one of the princesses

anyway kudos for her

[chainarong]

As I said last week, one hopes that the same severe punishment is meted out to the Previous Government shambolic rice scheme disaster,( when they all appear in court) causing billions of Baht losses , loss of exports , reputation damaged and unnecessary hardship for Rice farmers, then again maybe they have all changed jobs since this happened.

[Sviss Geez]

Great article by the Nation and well written for a change. It beggars belief that this poor guy could have spent 2 years in jail because hew couldn't pay his fine when sons of wealthy men go scot free after committing murder. What a disgusting set of values the judge in this case must have,

That's a rather strange allegation or is it just your imagination? It would be interesting to know which are the sons of wealthy men who have gone scot free after being convicted of murder that you refer to?

Edited November 16, 2014 by Sviss Geez

[NongKhaiKid]

Great article by the Nation and well written for a change. It beggars belief that this poor guy could have spent 2 years in jail because hew couldn't pay his fine when sons of wealthy men go scot free after committing murder. What a disgusting set of values the judge in this case must have,

I don't know about the judge in this case but the judicial appointment system is crazy if the note I'm about to type is true.

A couple of years ago a friend, an English teacher, had a class which included a young lady in her early to mid-20s who held a law degree and who was preparing to sit for the exam that would qualify her for a judicial appointment. She had never practiced law in any field, never prosecuted or defended in court and would go straight to the bench if accepted.

Sorry folks but I like my judges to be time served in both their profession and in life. No disrespect but that young lady was completely unsuitable to sit in judgement of anyone as too inexperienced in every way.

I have tried to check and all I can find is the need to pass one of two exams, one for those qualified with a Thai law degree and one for those who have a foreign degree. Can anyone assist further ?

[akampa]

chainarong, on 16 Nov 2014 - 09:10, said:

As I said last week, one hopes that the same severe punishment is meted out to the Previous Government shambolic rice scheme disaster,( when they all appear in court) causing billions of Baht losses , loss of exports , reputation damaged and unnecessary hardship for Rice farmers, then again maybe they have all changed jobs since this happened.

Fat chance that`s going to happen.As said before the rich can get away with murder.

[ClutchClark]

It's an unfortunate fact that the law is used as a tool of the rich to supress the poor. This is one area that is crying out for reform in order to redress the balance.

On the contrary, there is no concerted effort of such.

Its simply that every segment of society steals and robs and cheats--but <omit> rolls downhill.

The poor are not equally represented in the courts because the courts bow to power, influence and currency of which the lowly garbage collector has none.

The rich are the record labels who want to protect their copyright. They did not legislate these laws to send a garbage collector away for years simply for making a few Baht. They made these laws to punish the wealthy...but the wealthy simply buy their way out.

There are alot of people on TV who will bitch and moan about injustice 24/7--but was it a TV member who paid this man's fine? I would like to think so but I never bet against the odds.

Edited November 16, 2014 by ClutchClark

[Pib]

If the garbage collector only knew he needed to pay "certain people of influence" a commission on each disk sold he would have never been charged and convicted on copyright infringement for selling pirated movies and compact disks. He just .didn't know....he hadn't read "How to Sell Pirated Material in Thailand" available at all bookstores and considered a "must read" by vendors around Thailand like some vendors in Pantip Plaza IT Mall and similar "in your face" places and even the small vendors on sois. He just hadn't read the book.

[Artisi]

As I said last week, one hopes that the same severe punishment is meted out to the Previous Government shambolic rice scheme disaster,( when they all appear in court) causing billions of Baht losses , loss of exports , reputation damaged and unnecessary hardship for Rice farmers, then again maybe they have all changed jobs since this happened.

Unfortunately you must be dreaming.

[ClutchClark]

Great article by the Nation and well written for a change. It beggars belief that this poor guy could have spent 2 years in jail because hew couldn't pay his fine when sons of wealthy men go scot free after committing murder. What a disgusting set of values the judge in this case must have,

I don't know about the judge in this case but the judicial appointment system is crazy if the note I'm about to type is true.

A couple of years ago a friend, an English teacher, had a class which included a young lady in her early to mid-20s who held a law degree and who was preparing to sit for the exam that would qualify her for a judicial appointment. She had never practiced law in any field, never prosecuted or defended in court and would go straight to the bench if accepted.

Sorry folks but I like my judges to be time served in both their profession and in life. No disrespect but that young lady was completely unsuitable to sit in judgement of anyone as too inexperienced in every way.

I have tried to check and all I can find is the need to pass one of two exams, one for those qualified with a Thai law degree and one for those who have a foreign degree. Can anyone assist further ?

Ah...I found the error in your reasoning.

You are under the misimpression that a Thai Jurist sits the bench to offer wise "judgement" of a person.

In Thailand, a judge sits the bench to administer penalty for not respecting the ancient system of bribe.

The guilty can receive the courts mercy by paying tribute to the system. The Thai Judge simply determines what the amount of "tribute" should be for a particular offense.

This woman you describe will be fully capable of performing her duties to that end.

Cheers

[Artisi]

Great article by the Nation and well written for a change. It beggars belief that this poor guy could have spent 2 years in jail because hew couldn't pay his fine when sons of wealthy men go scot free after committing murder. What a disgusting set of values the judge in this case must have,

That's a rather strange allegation or is it just your imagination? It would be interesting to know which are the sons of wealthy men who have gone scot free after being convicted of murder that you refer to?

Did he say convicted?

[Artisi]

It's called Thainess and will be fully exploited by the general next year under the title of Thainess 2015.

[ratcatcher]

read a few days ago that the fine was paid by one of the princesses

anyway kudos for her

http://englishnews.thaipbs.or.th/princess-ubolratana-salvages-garbage-collector-prison-term/

[ClutchClark]

It's called Thainess and will be fully exploited by the general next year under the title of Thainess 2015.

I disagree completely with your unfounded and reckless statement.

[Thailand]

Initially an easy target.

Now yet another social media smack in the face for the establishment.

[AleG]

I think there may be people infringing copyright laws by selling counterfeit CD, DVD and clothing along Sukhumvit Rd. Should I call the police?

Once I saw a stall not only selling pirated CDs and DVDs, but child pornography too, for a second thought of calling the police, then I saw a couple of BIBs strolling by, perusing the wares as if there was nothing to it.

[BirdsandBooze]

It's an unfortunate fact that the law is used as a tool of the rich to supress the poor. This is one area that is crying out for reform in order to redress the balance.

On the contrary, there is no concerted effort of such.

Its simply that every segment of society steals and robs and cheats--but <omit> rolls downhill.

The poor are not equally represented in the courts because the courts bow to power, influence and currency of which the lowly garbage collector has none.

The rich are the record labels who want to protect their copyright. They did not legislate these laws to send a garbage collector away for years simply for making a few Baht. They made these laws to punish the wealthy...but the wealthy simply buy their way out.

There are alot of people on TV who will bitch and moan about injustice 24/7--but was it a TV member who paid this man's fine? I would like to think so but I never bet against the odds.

The rich in society, who are represented by the law use the law more harshly against the disadvantaged in society. Do you really believe that the copyright law was made to punish the wealthy? It was made to punish anyone with the temerity to breach it, but as in many instances here the law is a onesided instrument. I'd bet money on it that if a connected person came up before the judge he'd have walked with a metaphorical slap on the wrist.

[chuang]

Great article by the Nation and well written for a change. It beggars belief that this poor guy could have spent 2 years in jail because hew couldn't pay his fine when sons of wealthy men go scot free after committing murder. What a disgusting set of values the judge in this case must have,

These so-called judges have no values....

[metisdead]

A flame post has been removed.

[55Jay]

I think there may be people infringing copyright laws by selling counterfeit CD, DVD and clothing along Sukhumvit Rd. Should I call the police?

Once I saw a stall not only selling pirated CDs and DVDs, but child pornography too, for a second thought of calling the police, then I saw a couple of BIBs strolling by, perusing the wares as if there was nothing to it.

The BiB reforms should be kicking off pretty soon.

Police reform to be finalized within this year

BANGKOK: -- Acting commissioner of the Royal Thai Police Pol Gen Watcharapon Prasarnrachakit indicated Monday that the reform of the Royal Thai Police is expected to be finalized before he retires this year.

Pol Gen Watcharapon who is due to retire end of September this year when he turns 60 years old said that the reform of the Royal Thai Police now is still at the first stage, that is to listen and gather all views from the police themselves.

He said senior police officers of commissioner ranks from all commands were invited Monday to hear explanation on the structural reform of the Royal Thai Police and they were allowed to voice their opinions and give advice.

http://englishnews.thaipbs.or.th/police-reform-finalized-within-year/

Edited November 16, 2014 by metisdead
Edited as per fair use policy and link added.