Aussie expat Mark Pendelbury granted bail in Phuket murder case

[Oziex1]

Sad business, a nightclub bouncer dies in a fracas. Usually they are the ones with blood on their hands for beating a drunk to death for no good reason.

[outboard]

That is what you get for carrying a knife and waving it instead of legging it.

and you know he did not try to "leg it" because you are a well informed well researched expert? maybe you should look at the footage linked below before people make hasty decisions about your character

Any CCTV camera around catching the episode ? Hope they are not pointed to the opposite direction or with low resolution

https://www.youtube.com/watch?v=2hn6TsoSx2g&feature=youtu.be

he is the large guy crossing the road around the 30 sec mark from left to right

Bail when charged with murder? Amazing Thailand!

Unless I'm missing something here, the Thai security guard had no legal right to tell anyone to do anything, including to stop filming, while out on the sidewalk or public street in front of the club. That's public property, not the same as private property inside the club.

If the guard started a confrontation with Pendlebury over that, then he was in the wrong. And if the guard further escalated that to a physical assault on Pendlebury after he refused to stop filming, then he was even more in the wrong.

The question is... why was Pendlebury so quickly charged with murder when there's certainly at least the appearance of a valid self-defense claim here???

self defence is a defence against charges in most places, so although he will most likely be found not guilty by reason of self defence there is no doubt a man is dead and that he killed him.

[Shot]

For those posters who have not seen the video, here it is again. You can see the Aussie in white appear walking toward the camera on the left at .19. It appears he is taking video and than crosses the street. He almost immediately high tales it out of there followed by a pack of animals.

.

https://www.youtube.com/watch?v=2hn6TsoSx2g&feature=youtu.be

Never mind, someone beat me to it^^^^^^^^^

　

Edited March 13, 2015 by Shot

[harrycallahan]

That is what you get for carrying a knife and waving it instead of legging it.

Victory over a thug?

[Alwyn]

Unless I'm missing something here, the Thai security guard had no legal right to tell anyone to do anything, including to stop filming, while out on the sidewalk or public street in front of the club. That's public property, not the same as private property inside the club.

If the guard started a confrontation with Pendlebury over that, then he was in the wrong. And if the guard further escalated that to a physical assault on Pendlebury after he refused to stop filming, then he was even more in the wrong.

The question is... why was Pendlebury so quickly charged with murder when there's certainly at least the appearance of a valid self-defense claim here???

because they can't charge him with self defence?

[cardinalblue]

Stupid for carrying a knife and lack of discipline for involvement but security has no right to physical attack him...

The security guard reacted in an emotional state in a heightened situation which is often the case with poorly and uneducated staff and it cost him his life....

He contributed to his own demise...

[junk1e]

I am no lawyer and no idea whether manslaughter or different degrees of murder exist in Thailand. The fact that he was in possession of an offensive weapon, and killed another person with it even if being attacked, would undoubtedly lead to a murder charge in UK, though may well eventually be reduced to manslaughter in the courts. There have been a few cases of people killing burglars over the years, and still charged with murder, though generally reduced to manslaughter in court or on appeal.

Clearly this not premeditated but at same time if had not been carrying a weapon would not have happened.

[Varangkul]

Any CCTV camera around catching the episode ? Hope they are not pointed to the opposite direction or with low resolution

That is what I was thinking also...while they should have CCTV cameras all over the place and especially at the known bars and drinking areas where there are all too many altercations occurring on a regular basis.

Too bad someone was not filming him during the altercation and use the film to separate the truth from the accusations.

Cheers

Hilarious, GG! This is exactly what he was doing that started the problem! Perhaps that was his intension with the people being thrown out of the bar!

Edited March 13, 2015 by Varangkul

[theoldgit]

Post suggesting the alleged perpetrator will buy his way out of the charge removed.

[greenchair]

Thai law is very clear.

If someone causes you to even think that you are in danger, you have right to fight back and defend yourself with reasonable force. The Thai all understand, who hit first is automatically guilty. Unfortunate for the young boy but the foreigner have been getting beat up on with no police assistance for far too long. We must fight back or die.

Simple as that.

[RigPig]

That is what you get for carrying a knife and waving it instead of legging it.

Sounds like a clear case of self defence to me.

Not as long as you can get away, if your with your back to a wall fighting an other guy with a knife maybe. This case.. he could have left.. did not state the other guy was armed and he was getting his knife out.

I don't get it all those guys feeling like Rambo going out tooled up. I have NEVER brought weapons with me.. and I NEVER fight I did that when i was a kid. Now I just avoid fights or people avoid me because they don't want to fight me.

Just by carrying a weapon your increasing danger for yourself. This is one of the two bad outcomes when you have a weapon.. you win but kill someone.. that will mean jail-time.. the other outcome you loose and get killed with your own weapon.

Did you not read the previous post or look at the video? He didn´t think he was Rambo, he was carrying a pocket knife as many do, including myself. In the picture it looks like the blade is 3 inches long and it has a bottle opener on the blade, which is reason enough to carry it !! It is certainly not anything Rambo would be seen with !!

The previous post quoted :

¨"

There is CCTV footage available for viewing on the Phuket Newspaper's web site. It shows Mark across the street taking pictures, then crossing to take more. Almost immediately it shows him trying to leave "at pace" but followed by about 6 other men. According to Mark's account the men who followed, attacked him, hitting and kicking and he feared for his life, so took out his knife. It also appears that 2 tourists, Indian men, helped rescue him from the attack.

If six guys attacked me, I'd try to defend myself too.

Earlier accounts say the 'bouncers' claimed Mark was in the bar, drunk and causing a commotion, so they were ejecting him. Video footage shows that was not true. And he has witnesses that he was at a Rotary meeting earlier.

So there seems to be credible circumstances to support his claim of self-defense.

(Note: Moderator - if it's not okay to reference "Phuket Newspaper", my apologies).¨

How can the danger be increased when your life is already in jeopardy? The security guard thug got what he deserves IMO, Mark may not have walked away from it if he had not have taken out his bottle opener, the odds were certainly stacked against him.

[siampolee]

Certainly seems as if he would have been another victim of a vicious crowd,however he got the better of them and someone else perished as a result of their violent aims to destroy evidence against them ,.

The bailed person in my view would certainly be judged to have committed an act of self defense or in this case self preservation against a rampaging violent mob intent on inflicting serious if not fatal harm upon him.

Play with fire and you burn your fingers.

Edited March 13, 2015 by siampolee

[Daniel Ingalls]

,,,,,,,,,Now very quietly, rent a row boat, in the wee hours of the morning row row row your boat, Hellow,,, Mayamar!

Anyone on a murder charge In the Western world.......,,,,,,sorry no bail for you!

[Si Thea01]

Bail when charged with murder? Amazing Thailand!

Let's see what happens in other countries:

US: http://www.chicagotribune.com/suburbs/aurora-beacon-news/news/ct-abn-murder-arrest-st-0311-20150310-story.html

Oz: http://www.straitstimes.com/news/asia/australianew-zealand/story/partner-sydney-siege-gunman-charged-murder-out-bail-faces-bail-

NZ: http://tvnz.co.nz/national-news/strict-bail-conditions-woman-charged-stabbing-murder-6253141

Canada: http://www.thestar.com/news/crime/2014/07/30/former_ncaa_star_wins_bail_on_scarborough_murder_charge.html

Hmmm... I guess Thailand is not so amazing after all !

It is only amazing to those who don't do their homework before posting. If they're not sure or don't know, why in he hell do they post something that can be easily discredited?

[Alwyn]

For those posters who have not seen the video, here it is again. You can see the Aussie in white appear walking toward the camera on the left at .19. It appears he is taking video and than crosses the street. He almost immediately high tales it out of there followed by a pack of animals.

.

https://www.youtube.com/watch?v=2hn6TsoSx2g&feature=youtu.be

Never mind, someone beat me to it^^^^^^^^^

　

If I saw what I think I saw it looked like he was being chased by quite a group

[fstarbkk]

That is what you get for carrying a knife and waving it instead of legging it.

We don't know all the details and as such, the merits of Mr. Pendlebury's case.

BUT... are we really living living in a place and time where one is expected to cower and/or run for ones life when assaulted by a bunch of lowlifes? And who's to say that he even had that option?

An old New York cop friend used to say "It is better to be judged by twelve, than to be carried by six".

Yes we should all run instead of standing up.. this is what can happen if you carry a knife and stand up. The other guy had no weapon (unless there is info I don't know about). Having a weapon is just a stupid thing it can be used against you and you can use it when you drunk or just use it stupidly and end up killing someone. Not having a weapon is a great thing.. if your enraged with a weapon.... guess what.

I rather swallow my pride and leg it then to have to kill someone and go to jail. Just having a weapon increases your trouble.. It will make you want to confront instead of evade trouble.

I don't need to act like Rambo to confirm I am a man. I prefer to use my brain. Thank god the way I look usually makes people think twice to start trouble with me.. but if they did id try to avoid it anyway.

In case that was not clear from my earlier remarks :

I pity people who slink through life with their tails between their legs. Besides being a sad existence for the individual, your kind of attitude also actively promotes the breakdown of the social fabric of any society.

IMO, people who accept and tolerate unwarranted aggression, are as responsible for evil and lawlessness to prosper, as the evildoers themselves.

Edited March 13, 2015 by fstarbkk

[realenglish1]

This would seem at the outset to be "self defense"

[Monkeyrobot]

Thai men really hate us especially the ones that hang and work in night clubs ,they are just itching to beat the shit out of a Farang and love to do it in packs. Six guys attack a 65 year old ,no wonder he defended himself but now he is out on bail he should be watching his back as the cowards they are might return for payback. I really think this guy did not intend to kill someone he has been here too long ,looks like just bad luck for the coward 25 year old and his five other shit kicker mates. Hope the guy gets off on self defence.

[bassman]

Mark Pendleburry protected himself from death in an obvious assault on his life. Robbloc you are an idiot and come from a country where self defense is no longer acceptable. The most Mr. Pendleburry should be charged with is concealing a weapon. On public streets and chased down by six thugs more than proves the point. As the bible says the meek shall inherit the earth proves the point Robbloc.

[catman20]

unusual that there was not about 10 Thai men kicking the shit out of him that's the way it normally works out here, sounds like the odds were slightly stack in the farangs side for a change

[Alwyn]

I know a more than a little bit about the law concerning self defence (in the UK anyway - I think Thailand just makes stuff up as they go along to suit whatever their current need is) and if you truly believe your own life is at risk then 1. Pre-emptive strikes are okay & 2. Deadly force is acceptable - again, only if you truly believe your own life is at risk (it would qualify as "reasonable force). It doesn't give a person the right to chase somebody down the street to end a life, that's not self-defence, that's revenge. It's obviously not straight forward especially as there is common law and statutory defence to take into consideration. I the USA there are expanded laws covering this, but it's more straightforward. If you kill somebody in self defence and the response was appropriate (not excessive) then all is well. I think being hunted down and beaten by 6 thugs from a nightclub would qualify this chap's actions as reasonable

[kalbz]

Some people cannot run away in situations. I've had 2 hip replacements, 2 knee replacements ankle fusion & 30 other surgeries. I look & walk normal. I figure one day i may find myself in a situation, i do not carry a weapon for self defense & figure as 'fstarbkk' mentioned in an earlier post "I will probably not be judged by 12, but carried by 6".

[ukrules]

That is what you get for carrying a knife and waving it instead of legging it.

Sounds like a clear case of self defence to me.

Not as long as you can get away, if your with your back to a wall fighting an other guy with a knife maybe. This case.. he could have left.. did not state the other guy was armed and he was getting his knife out.

I don't get it all those guys feeling like Rambo going out tooled up. I have NEVER brought weapons with me.. and I NEVER fight I did that when i was a kid. Now I just avoid fights or people avoid me because they don't want to fight me.

Just by carrying a weapon your increasing danger for yourself. This is one of the two bad outcomes when you have a weapon.. you win but kill someone.. that will mean jail-time.. the other outcome you loose and get killed with your own weapon.

He was attacked by 6 people who chased him down the street before attacking him. We all know what happens in this situation as it's been reported 100's of times over the years and most of us have probably seen it - he was about to have the shit kicked out of him 'Thai style' (many on one) by an unruly mob.

Some people take exception to being attacked by a mob of thugs, I know I would. I think it's a good thing he had that knife on him or we might be reading about yet another foreigner murdered in Thailand.

[fstarbkk]

Mark Pendleburry protected himself from death in an obvious assault on his life. Robbloc you are an idiot and come from a country where self defense is no longer acceptable. The most Mr. Pendleburry should be charged with is concealing a weapon. On public streets and chased down by six thugs more than proves the point. As the bible says the meek shall inherit the earth proves the point Robbloc.

We don't really know about the "obvious" part yet, to be fair. Totally agree with your other points though.

[RigPig]

This is ¨Rambos"weapon, it is hardly more than a bottle opener which is a reasonable reason for carrying it.

If this was all I had to defend myself from a bunch of thugs I would use it, better to live and walk away than die at the hands of a 25 year old thug intent on proving he can beat up a 60 year old man with his mates as back up. Now that is was a brave man.........

[Thai Travel Bug]

Sounds to me like self defense. He will walk. This will teach bouncers a lesson for the future.

Thats bullsuger mate, he killed a person. HE KILLED A PERSON, wether or not you people class Thai people as persons, I am sorry, I do. My wife is Thai, my sister in laws are thai, and my brother in law, and inlaws are, Thai. Dont you understand????? He didnt kill a Thai. He killed a brother, an uncle, a son, a friend, a PERSON!!!!!!! and he had no right to take that life.....Not at all.

[tigermonkey]

Certainly seems as if he would have been another victim of a vicious crowd,however he got the better of them and someone else perished as a result of their violent aims to destroy evidence against them ,.

The bailed person in my view would certainly be judged to have committed an act of self defense or in this case self preservation against a rampaging violent mob intent on inflicting serious if not fatal harm upon him.

Play with fire and you burn your fingers.

You take it upon yourself to film an ejection/altercation that is absolutely none of your business, thus inserting yourself into an already inflamed situation. Mind your own business or ----" play with fire and burn your fingers". Sorry, but the Ozzie voluntarily involved himself in this situation - he should have known better.

[Thai Travel Bug]

To all of the selfish cowards and sissies insisting that one should walk away, you are the reason this is a crooked, violent, corrupt place, and you need to put on your big girl panties, get out your own video recording devices, and do something about it. But you won't.

What a stupid thing to say....Ok, lets all stab people.....lets just kill....rhat will make them their Thais understand.....how damn stupid are you.

[catman20]

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Sounds to me like self defense. He will walk. This will teach bouncers a lesson for the future.

Thats bullsuger mate, he killed a person. HE KILLED A PERSON, wether or not you people class Thai people as persons, I am sorry, I do. My wife is Thai, my sister in laws are thai, and my brother in law, and inlaws are, Thai. Dont you understand????? He didnt kill a Thai. He killed a brother, an uncle, a son, a friend, a PERSON!!!!!!! and he had no right to take that life.....Not at all.

how many times has it been the other way around in Thailand ????????? and then just brushed under the carpet

Edited March 13, 2015 by catman20

[Shot]

Sounds to me like self defense. He will walk. This will teach bouncers a lesson for the future.

Thats bullsuger mate, he killed a person. HE KILLED A PERSON, wether or not you people class Thai people as persons, I am sorry, I do. My wife is Thai, my sister in laws are thai, and my brother in law, and inlaws are, Thai. Dont you understand????? He didnt kill a Thai. He killed a brother, an uncle, a son, a friend, a PERSON!!!!!!! and he had no right to take that life.....Not at all.

And what would you do, if you were being beat by a pack of thugs and feared for your life? Lay down and die, or fight?

Did you see the video?

Edited March 13, 2015 by Shot