Australian expat stabs to death Phuket nightclub worker

[Luxfare]

If the video on YouTube is the only CCTV evidence then that is about as much use as a chocolate fireguard and is certainly NOT great evidence (facts). If a as I suspect the arrested party is your friend ( you refer to him as Mark which gives me the impression) then I'm sorry your friend is in trouble but as an independent viewer that CCTV isn't enough to prove who was the initial aggressor.

Edited March 13, 2015 by LivinginKata
inflammatory remark removed

[LivinginKata]

More inflammatory posts removed.

[jingjoke]

re #152 You've lost so why not give up, that hole is getting deeper.
Firstly wearing a seatbelt is a LAWFULL requirement, carrying a concealed weapon like a knife is AGAINST THE LAW.

And you've changed your argument, you never mentioned home invasion before...probably because this story has nothing to do with a home invasion yet because you're being schooled you've decided to change the goalposts.

All I know is that as an ex.Police officer I would have taken great delight in arresting you if I caught you with a concealed weapon, even more so if your personality in person is the same as you come across over the net. You're no dirty Harry so stop acting like one.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Oh WOW!! Another ex-Policeman! Being an ex-CIA or an ex-SAS used to be en vogue.

What bar do the ex-cops frequent so we can visit and be regaled with their heroic deeds and their caution to watch our Ps&Qs and for us to stop acting like Dirty Harry wannabees as that's their turf....

Is that you in the police-style glasses in the OP photo. Then note that according to http://www.brisbanetimes.com.au/world/australian-businessman-charged-with-murder-over-death-at-phuket-nightclub-20150311-141bez.html

'Foreign volunteer police, including Australians, who usually patrol the streets of Patong where the altercation occurred stopped their patrols several days ago over a dispute with Thai police."

Edited March 13, 2015 by jingjoke

[Luxfare]

re #152 You've lost so why not give up, that hole is getting deeper.

Firstly wearing a seatbelt is a LAWFULL requirement, carrying a concealed weapon like a knife is AGAINST THE LAW.

And you've changed your argument, you never mentioned home invasion before...probably because this story has nothing to do with a home invasion yet because you're being schooled you've decided to change the goalposts.

All I know is that as an ex.Police officer I would have taken great delight in arresting you if I caught you with a concealed weapon, even more so if your personality in person is the same as you come across over the net. You're no dirty Harry so stop acting like one.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Oh WOW!! Another ex-Policeman! Being an ex-CIA or an ex-SAS used to be en vogue.

What bar do the ex-cops frequent so we can visit and be regaled with their heroic deeds and their caution to watch our Ps&Qs and for us to stop acting like Dirty Harry wannabees as that's their turf....

Is that you in the police-style glasses in the OP photo. Then note that according to http://www.brisbanetimes.com.au/world/australian-businessman-charged-with-murder-over-death-at-phuket-nightclub-20150311-141bez.html

'Foreign volunteer police, including Australians, who usually patrol the streets of Patong where the altercation occurred stopped their patrols several days ago over a dispute with Thai police."

Because some lie about past deeds mean everyone does? That's like me saying anyone who doesn't believe I was in the police and gets sarcastic about it is a keyboard warrior who's afraid of their own shadow.

[cup-O-coffee]

Not until ALL the facts come out. I used to be REAL POLICE, you're an ARMCHAIR detective. And as I said before IF that knife belongs to the Australian and it's deemed illegal in Thailand then he had no legal right to carry it. You cannot pick and choose which laws you wish to abide by.

Why the ill temper?

It is his knife, "Mr Pendlebury went on to say how he pulled out his knife and “waved it back and forth to defend myself”." ...and as to being deemed illegal, that is for the law to decide:

Taken from here "BOOK III: PETTY OFFENCES

Section 371 Whoever, carries arms in a town, village or public way openly or without a reasonablecause, or carries arms in a gathering assembled for worship, entertainment or any otherpurpose, shall be punished with fined not exceeding one hundred Baht, and the Court, shallhave the power to forfeit such arms.

TITLE X: OFFENCE AGAINST LIFE AND BODY, CHAPTER 1: OFFENCE CAUSING DEATH

Section 294 Whoever, in as affray among three persons upwards, and any person, whether such person to be participant in such affray or not, to be death, shall be imprisoned not out of two years or fined not out of four thousand Baht, or both.

If the participant in such affray can show that oneself has acted so as to prevent such affray or to prevent lawfully, such participant shall not be punished.

On a side note, this is Thailand, and the Baht stops here, regardless of the Law herein, which is extremely (EXTREMELY) left wide open to any (ANY) legal official's interpretation. This is the way the law is written, and that is why it is written that way... so the ruling authority can have that unhindered flexibility without the bother of the facts; although any circumstantial evidence can make the prices go up or down, as well as those who have the right and authority to interpret things: those too can tend to lean this way or that... depending on... well... you know.

That is my express and respectful opinion. Please correct me if I am in err.

Apologies if I offend your sense of experienced instinct and intuition. I did not mean to.

[Luxfare]

Not until ALL the facts come out. I used to be REAL POLICE, you're an ARMCHAIR detective. And as I said before IF that knife belongs to the Australian and it's deemed illegal in Thailand then he had no legal right to carry it. You cannot pick and choose which laws you wish to abide by.

Why the ill temper?

It is his knife, "Mr Pendlebury went on to say how he pulled out his knife and “waved it back and forth to defend myself”." ...and as to being deemed illegal, that is for the law to decide:

Taken from here "BOOK III: PETTY OFFENCES

Section 371 Whoever, carries arms in a town, village or public way openly or without a reasonablecause, or carries arms in a gathering assembled for worship, entertainment or any otherpurpose, shall be punished with fined not exceeding one hundred Baht, and the Court, shallhave the power to forfeit such arms.

TITLE X: OFFENCE AGAINST LIFE AND BODY, CHAPTER 1: OFFENCE CAUSING DEATH

Section 294 Whoever, in as affray among three persons upwards, and any person, whether such person to be participant in such affray or not, to be death, shall be imprisoned not out of two years or fined not out of four thousand Baht, or both.

If the participant in such affray can show that oneself has acted so as to prevent such affray or to prevent lawfully, such participant shall not be punished.

On a side note, this is Thailand, and the Baht stops here, regardless of the Law herein, which is extremely (EXTREMELY) left wide open to any (ANY) legal official's interpretation. This is the way the law is written, and that is why it is written that way... so the ruling authority can have that unhindered flexibility without the bother of the facts; although any circumstantial evidence can make the prices go up or down, as well as those who have the right and authority to interpret things: those too can tend to lean this way or that... depending on... well... you know.

That is my express and respectful opinion. Please correct me if I am in err.

Apologies if I offend your sense of experienced instinct and intuition. I did not mean to.

You didn't, clearly it was a misunderstanding that can happen in written word my apologies also.

If those are indeed the updated Thai laws then someone clearly needs to revisit them, in the UK they had you 2 ways

1/ no blade over 3" to be carried unless job related.

And if the blade was under 3" they could still pin

2/ in possession of a sharp or pointed instrument

Lock knives were completely outlawed......then again out here I believe tazers are supposed to be outlawed and you can get them down Sukhumvit rd for less than 500thb.

I still wouldn't carry a knife......too much risk of using it and being imprisoned, having it taken off you and used against you or the police stopping you and getting hammered for it.....then again I feel safe living in Sukhumvit and never visit Pattaya for the simple reason it's mentioned on here every single day and never positive.

[Bear0Mack]

Errrr, Aussies are not generally aggressive people, especially when drunk.......

This must have been an exception.......

RIP, Sanya Khlueawaengmon.

Hope the man that killed you gets what he deserves.

Costas, read a few Australian newspapers and you'll see that this occurs frequently over there. That's even after they banned the possession of knives when out in public.

With cheap airfares comes the ability for the riff-raff to travel around the region (and the world) and transport their 'kulcha' with them.

Thank you for hating on Australians. We're obviously all the same. Mod, please delete this racist post and my response to this troll too.

[roo860]

Errrr, Aussies are not generally aggressive people, especially when drunk.......

This must have been an exception.......

RIP, Sanya Khlueawaengmon.

Hope the man that killed you gets what he deserves.

Costas, read a few Australian newspapers and you'll see that this occurs frequently over there. That's even after they banned the possession of knives when out in public.

With cheap airfares comes the ability for the riff-raff to travel around the region (and the world) and transport their 'kulcha' with them.

Thank you for hating on Australians. We're obviously all the same. Mod, please delete this racist post and my response to this troll too.

Shoes on the other foot eh?

[chooka]

Errrr, Aussies are not generally aggressive people, especially when drunk.......

This must have been an exception.......

RIP, Sanya Khlueawaengmon.

Hope the man that killed you gets what he deserves.

Costas, read a few Australian newspapers and you'll see that this occurs frequently over there. That's even after they banned the possession of knives when out in public.

With cheap airfares comes the ability for the riff-raff to travel around the region (and the world) and transport their 'kulcha' with them.

Not frequent between Koories more so amongst the immigrant populations like the three Thais who beat up on one lone aussie and stabbed him to death whilst he laid on the ground. They then fled to Thailand claimed self defence and wanted to be judged in a Thai court.

[Andrew65]

Errrr, Aussies are not generally aggressive people, especially when drunk.......

This must have been an exception.......

RIP, Sanya Khlueawaengmon.

Hope the man that killed you gets what he deserves.

Costas, read a few Australian newspapers and you'll see that this occurs frequently over there. That's even after they banned the possession of knives when out in public.

With cheap airfares comes the ability for the riff-raff to travel around the region (and the world) and transport their 'kulcha' with them.

Not frequent between Koories more so amongst the immigrant populations like the three Thais who beat up on one lone aussie and stabbed him to death whilst he laid on the ground. They then fled to Thailand claimed self defence and wanted to be judged in a Thai court.

I spent a few years working in Oz, they certainly have their fair share of violent crime. Quite a "parochial" attitude possessed by many of them. A great country & people in so many other ways, mind you!!

[kkup]

Moral of the story, when you see drunk guys fighting around nightclubs - ignore and move on. When i was in my 20's i would try to intervene cause i thought i was tough (which i wasn't), not nowadays. Too much can go wrong in a matter of seconds.

[Andrew65]

Moral of the story, when you see drunk guys fighting around nightclubs - ignore and move on. When i was in my 20's i would try to intervene cause i thought i was tough (which i wasn't), not nowadays. Too much can go wrong in a matter of seconds.

Agreed, whether an individual or a country. getting involves in other's battles is very often extremely ill-advised!

[NomadJoe]

Aussie looks likes a big guy and by the looks of all blood he must of been getting a WHOOP'N so trying to even it out, Out came the blade..

Or....Or.....he got into an altercation with the bouncer, he stabbed him and the rest of the bouncers gave him a kicking afterwards. Most humans IF under attack from several people at once take the foetal position and don't have time to take a knife out of their pocket, unlock it and be able to attack the initial attacker.

All speculation until the real facts are reported.

Hmm..I thought it was "fight or flight"..where does the foetal position factor into that?

[starky]

Yep, hope he gets everything he deserves. Might also shut up a few of the knuckle heads on TV who constantly crow about their "rights" to carry weapons in this country especially the multitude that are proud to tell everyone they carry knives on their person in their vehicles and wherever else for "protection". Weapon carried by cowards pure and simple.

Spoken by someone who has no concept of the actual realities of life.

Spoken by someone who has zero idea of where I have been or what I have done. Like you do later I could provide a menu of martial arts I have done but I don't feel the need to blow my own trumpet. The first rule of any decent self defence is extricating yourself from trouble. Intelligent people avoid trouble and do their best to remove themselves from situations where they may occur (read being drunk in bar areas in the early hours of the morning) Ignoring the fact the this was a near 60 year old man on the piss in the early hours of the morning carrying a concealed weapon. In my experience two types of people carry weapons. Those that wish to feel tougher or bigger to replace other shortcomings in their anantomy or those that have the intent to use them. The former generally get them taken off them and used against them the latter eventually cause serious injury or as in this case kill someone. I have never felt the need to carry a weapon on me anywhere in the world and won't even though I am proficient in their use. Not sure what country your from but there are few countries in the world where getting punched in the head (whether you instigated the fight or not) entitles you to use lethal force certainly not in Australia where I am from and I am pretty sure not here.

You may be Bruce Lee reincarnated,but you sure can't read.It has not been proven he was on the turps,nor whose knife it is.It's all,he said,she said at the moment.Must be cctv of the area,but was it working.If you are in fear of your life,you would do anything.Hey Bruce,if you were attacked and you used one of those fancy moves of yours and the guy fell over and cracked his head and died,what would that make you,eh.

Champ, just because I train in martial arts doesn't make me bruce lee or think that I am I was just responding to a post. To answer your question if I did get myself in that situation I would be guilty of manslaughter but at least I wasn't carrying a weapon, and don't give me all that BS about people carry them to cut thread and apples and sandwiches... total crap. pictures of the knife show it was a gravity drop blade with a half serrated edge. Not exactly a swiss army knife. If he was in fear of his life what was he doing there in the first place? At 60 he should know better than that, especially as a long time resident. He should know the pitfalls of what can happen in Thailand if things go pearshaped. Not carrying a knife in case they do. He may not have been on the turps but at 00:30 in Phuket being an Aussie it is probably an accurate assumption and as for the blade he admitted it was his so perhaps it's you mate that can't read

[MrWorldwide]

@oby, there is no need to capitalise murder - most of us are old enough to understand the severity of the charge. A large chunk of this thread is speculation, but I hope we'll get an update on this case when it goes to court.

[NamKangMan]

@oby, there is no need to capitalise murder - most of us are old enough to understand the severity of the charge. A large chunk of this thread is speculation, but I hope we'll get an update on this case when it goes to court.

"A large chunk of this thread is speculation, but I hope we'll get an update on this case when it goes to court." - a Thai Court is only interested in "speculation" - not the facts.

[Luxfare]

Aussie looks likes a big guy and by the looks of all blood he must of been getting a WHOOP'N so trying to even it out, Out came the blade..

Or....Or.....he got into an altercation with the bouncer, he stabbed him and the rest of the bouncers gave him a kicking afterwards. Most humans IF under attack from several people at once take the foetal position and don't have time to take a knife out of their pocket, unlock it and be able to attack the initial attacker.

All speculation until the real facts are reported.

Hmm..I thought it was "fight or flight"..where does the foetal position factor into that?

If 4-5 guys are kicking lumps out of you then it's pretty difficult to get away and fighting is pointless unless you're Chuck Norris and Bruce Lee's love child.

[MrWorldwide]

@oby, there is no need to capitalise murder - most of us are old enough to understand the severity of the charge. A large chunk of this thread is speculation, but I hope we'll get an update on this case when it goes to court.

"A large chunk of this thread is speculation, but I hope we'll get an update on this case when it goes to court." - a Thai Court is only interested in "speculation" - not the facts.

I've never been in a Thai court, and sincerely hope my good luck holds. but I'm reasonably confident that there wont be anyone from TVF on the witness stand. What the court decides to do with the conflicting accounts of what actually happened is up to them - hopefully it will be a little less hysterical than some of the discussion here.

[steelepulse]

first reports indicated his injuries were from resisting arrest by thai police investigating a murder.

plus he admitted carrying and waving the knife about.

plus it was more a switchblade (illegal) than a pen knife,

and don't forget the fact, he is out on bail

will be interesting to follow the trial.

thus far, he is out on bail charged with MURDER

And the first reports have proven to be blatantly false. There was no resisting arrest, there was resisting being chased and beaten by a mob.

[Old Croc]

Another disturbing aspect of this case for me is that the injured thug didn't succumb to his injury until 90 minutes after admission to a major emergency hospital.

I would like to think that staff in such a hospital should be able to stabilize someone who has been stabbed with a 3 inch paring knife! Even if his liver was lacerated they should have been able to save someone who had this amount of time.

(Awaiting a deluge of medical data from scores of experts.)

[LivinginKata]

Another disturbing aspect of this case for me is that the injured thug didn't succumb to his injury until 90 minutes after admission to a major emergency hospital.

I would like to think that staff in such a hospital should be able to stabilize someone who has been stabbed with a 3 inch paring knife! Even if his liver was lacerated they should have been able to save someone who had this amount of time.

(Awaiting a deluge of medical data from scores of experts.)

I commented this many pages back. Most likely no doctor available, and only limited first aider on call. He should have been shipped off to Phuket Town right away. A good ambulance crew and equipment should have kept him aive.

[KunMatt]

Another disturbing aspect of this case for me is that the injured thug didn't succumb to his injury until 90 minutes after admission to a major emergency hospital.

I would like to think that staff in such a hospital should be able to stabilize someone who has been stabbed with a 3 inch paring knife! Even if his liver was lacerated they should have been able to save someone who had this amount of time.

(Awaiting a deluge of medical data from scores of experts.)

I commented this many pages back. Most likely no doctor available, and only limited first aider on call. He should have been shipped off to Phuket Town right away. A good ambulance crew and equipment should have kept him aive.

Wrong part of the world for that I believe. I witnessed an ambulance crew arrive to the scene of a hit and run with an unconscious teenager lying in the road. They casually wondered up to him, slapped his cheeks a couple of times, shone a light in his eyes and decided that he was done for and picked him up by his hands and feet and swung him into the back of the ambulance and moved onto the next accident scene, I assume.

You really don't want to have to rely on any emergency service in this country for you or anyone you care about.

[starky]

@oby, there is no need to capitalise murder - most of us are old enough to understand the severity of the charge. A large chunk of this thread is speculation, but I hope we'll get an update on this case when it goes to court.

or italicise for that matter perhaps?

[bander]

as all the armchair detectives have all ready worked this one out

let me add something from outside the box

the security guard had the blade and the Aussie was a Vet that knew hand to hand combat

the gung ho cocky young Thai security guard told the Aussie to stop video recording as he was doing or about to do something illegal ie use the blade on the people already fighting.

He turned on the Aussie and a fight started.

The Aussie managed to get the blade as the Thai and he fell to the ground.

The Thai fell on his own blade.

Nice and neat self defense.

A digger twice the age of the security guard?

Thats what happened.

Yep, I believe you.

The guard had the knife and attacked the man quietly taking a video. Often people take a video in violent situations.

It is a peaceful way of saying.

Hey stop now, people are watching, there will be evidence. Hopefully he got enough on camera to show some truths. Somebody tell him to make many copies, as through self experience, evidence disappears all the time.

The police are not his friends.

He should remember that at all times.

You are right about RTP, if you have a problem in Thailand, don't call the police, they are the problem

[stevenl]

According to PW new footage has appeared, supporting the case of self defense for the expat.

[Shot]

The new evidence cost the Aussie 1.2 million Baht. Paid directly to the thugs mother.

[stevenl]

The new evidence cost the Aussie 1.2 million Baht. Paid directly to the thugs mother.

Yes, including funeral costs he seems to have paid 1.3 million.

[Shot]

Certainly not a cheap evening.

[LivinginKata]

According to PW new footage has appeared, supporting the case of self defense for the expat.

Looks like just the same CCTV coverage as before. I see nothing new there.

[steelepulse]

If the footage is "fresh footage" then I would imagine it's not the same footage shown on youtube posted in March. The link from PW is just the old footage and it appears the public isn't privy to the new fresh footage.