Aussie expat Mark Pendelbury granted bail in Phuket murder case

[outboard]

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.

I have not found any Thai men that hate me , must be my natural charming personality , maybe you should read a book on how not to be hated , something like "How to Win Friends and Influence People" might help or if you think you need more then a good book to learn there are plenty of psychologists that could perhaps help you

[Vogele123]

Soon his neighbors complain about the loud music from his house playing the same song day and night, over and over:

friends in high places

What <deleted> drivel you idiot!

[off road pat]

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 !

Excellent point.....and good research.......!!!......good job.

[cup-O-coffee]

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

"Mark Hamilton Pendlebury, better known to thousands of Phuket tourists as ''Captain Mark,'' had just helped a disabled Danish visitor home after a meeting of Patong Rotary when he happened to be strolling past the Taipan nightclub, near the Bangla Road walking street, as two customers were evicted."

So, leg it home and leave a man with no legs, in a wheelchair, sitting there?

[cup-O-coffee]

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).

Thailand Penal or Criminal Code, TITLE II: OFFENCE RELATING TO PUBLIC ADMINISTRATION

-----------------------------------------

CHAPTER 1: OFFENCE AGAINST OFFICIALS

Section 137 Whoever, giving any false information to any official, and is likely to cause injury to any person or the public, shall be punished with imprisonment not exceeding six months or fine not exceeding one thousand Baht, or both.

Section 145 Whoever, professing himself to be an official and exercising the functions of an official without being an official having the power to do so, shall be punished with imprisonment not exceeding one year or fine not exceeding two thousand Baht, or both.

[outboard]

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.

You might want to check the video, he defended himself from an unjustified attack that was life threatening.

as for killing a brother/son/uncle/friend/person no you are wrong here, he killed a viscous member of a pack of men intent on chasing him down and inflicting harm, the amount of force he was defending himself against was lethal, so he defended himself and killed an intending murderer

you are sadly misguided if you think anyone should accept death rather then fight for life

[off road pat]

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

agree , he will have a very good lawyer to represent him and they will throw this out ...

Do you really think other bouncers will learn from this..???...nah...not in our lifetimes.....it's like wearing helmets on a motorcycle...after so many deadly accidents reported.....so many people drive without a helmet.....

[poweratradio]

Bail when charged with murder? Amazing Thailand!

Amazing indeed. But a "courtesy" quite commonly extended to Thai heavyweights, who then frequently disappear or drag their cases through the judicial process for decades, while enjoying their opulent lifestyles.

Small fry, on the other hand, usually rot in jail for years for picking mushrooms in the wrong place, until they can prove their innocence.

This guy is far from small fry but on the right side of the fence. Business 10 yrs, creates employment. self defence, bail was a given

[Tywais]

Two posts removed with links to Phuketwan removed.

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In rare cases, forum Administrators or the news team may use these sources under special permission.

[fullcave]

Murder or self defense?

[cup-O-coffee]

Self defense is a good enough reason for Bail

Until proven otherwise, he was protecting himself...

I guess being told to stop doing something you have every right to do, then getting beaten up for doing nothing illegal, buy someone who does not have any authority to do so, would lead to an incident like this....

That, and what also could lead to an accident like this is stopping on your way from a meeting going home and involving yourself by filming a dispute in which you had no part until you decided to involve yourself

Maybe, unlike you, he is a man of upstanding honor?

Local media have described him as a generous man who volunteered through the Rotary club.

Mark Pendlebury - known affectionately by locals as 'Captain Mark' as he is never without his captain's hat and pipe - was trying to break up a fight outside Taipan nightclub on Wednesday night.

Mark Pendlebury runs a successful sail boat tour company on the tourist island of Phuket

a “highly regarded” member of the expat community

The expat is highly regarded within the community, one of his friends told. As well as running his sailing tour business since 2004, he is involved with local charity and was on his way home from attending a Rotary meeting when he became involved in the fatal altercation.

A fellow Rotary club member described Mark to news.com.au as “a very good guy”, and said he had lots of support in the local expat community.

“He is a very good man, and also in our community is a very good lawyer, so things are in as good shape as they could possibly be,” the friend said.

Captain Mark is “known for his typically dry Australian sense of humour,” and is “never seen without his captain’s pipe and hat”, according to the company website.

On TripAdvisor, the tour operator is regularly praised for his “great service” and being an “amazing” guide, earning the business an “excellent” rating, the highest possible score, from almost 1400 reviewers.

His offer to help disabled surfer ''Fred'' is typical of his character, friends said.

[Oziex1]

We all want justice for Mark, but the hurdles are high, the death of a Patong Phuket security guy one of the soldiers of the criminal element that runs Patong if not Phuket itself, connected to the hilt and their Jetski scam income providers continue without interference from the Military Government in Bangkok.

Serious players, however Mark is probably connected to the good side of things and I hope for the best.

[cup-O-coffee]

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.

I agree with your other points, but my view is that there is no doubt a thug is dead, because said thug pursued Mr. Pendleton down the street with several other thugs and attacked Mr. Pendleton. Had not some Indian tourists jumped in after Pendleton was forced to draw his knife and defend himself, then Mr. Pendleton would probably be dead.

'Before I knew it, I was being badly beaten up. I pulled out my knife and waved it back and forth to defend myself,' Pendlebury told local media from his jail cell at Kathu Police Station.

'A couple of Indians jumped in and with their help I was able to escape a little distance down the street. If the Indian tourists hadn't rescued me, I reckon I would be dead.'

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.

-------------------------------------

BOOK III: PETTY OFFENCES

Section 374 Whoever, to see the othererson to be in the danger of life, which oneself may help sopwithout the danger to oneself or the other person, but oneself does not assist, shall beimprisoned not out of one month or fined not out of one thousand Baht, or both.

[carter1882]

Looks like he will have a strong case. Either way, he would be well advised to leave Thailand after such an incident. If you have caused the death of someone here, no matter what the circumstances, there will be people who will not let you forget that.

[Nuddy]

This is very clear about what happened.

There is no murder and the police know that as well.

The wing nuts on here who are determined to not read the news article properly or put thought behind their stupid comments deserve the same done to them

The facts were in the news on the first day, as well supplemented by some long term TVer's who proved to be in the know.

Why are the wing nuts still yarping on about misconceptions and stuff.

This not some drunk guy in a bar, this is a guy proven and well respected in the community and who was walking past having left a meeting where they were discussing charitable ideals. The police know and respect this guy as well most of the local people do too.

The wrongness are the animals who tried to viciusely beat him up for no cause. These were scum of the earth Thai khun.

[tonydandelot]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Posted on the topic earlier this week and stand by what I said then. I sensed it would come down to this. Mark, unfortunately will regret his decisions, regardless of the back n forth by us all of "who can, should, or would" in such a situation. At 59 and a 10 year resident here, he should know it's best to turn the other direction and exit with pace when he sees impending trouble like this..., not become an active participant.

My heart goes out to him and to the family of the man now deceased. There's nothing but sad written all over this event.

everybody pulls out their mobile to film when sometin happen, especially in thailand when they film u even while yr dying on the Streets,

so he's integrated in thai culture and for the bouncer , if he didn't attack an innocent guy, he would still be living another day to beat up tourists.

in my mind a tourist beater is just the same as a woman beater , i hope those tourist beating bouncers will someday understand that their are tourist that will fight back and their magical sak yan tattoos won't protec them from bullets or knifes.

[Yahooka]

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.

There are some of us here who are not interested in being beaten to a pulp, killed or to end up in the tragic situation like this Aussie expat. Instead we (wisely) walk away in certain situations...... This is not the West where the rule of law is on your side.

And also many BM says that he will certainly walk free because this is a clear case of self defense. Does thai law have any possibilities for an outcome where you walk free or do people just imagine that the law in the West should magically imply for foreigners here?

[ICECOOL]

If that's the knife he was carrying then as an Aussie its pretty simple. It was a bottle opener in case he needed a beer . I hope the jackals baying for blood on here can now see from the available evidence that this poor guy was't some drunk Aussie looking for a fight.

His actions (as reported and if true) do not appear to be that of a person looking for trouble but someone who got into a situation where his actions (probably in self defense) had a tragic ending which I am sure he will regret for the rest of his life.

[cup-O-coffee]

If that's the knife he was carrying then as an Aussie its pretty simple. It was a bottle opener in case he needed a beer . I hope the jackals baying for blood on here can now see from the available evidence that this poor guy was't some drunk Aussie looking for a fight.

His actions (as reported and if true) do not appear to be that of a person looking for trouble but someone who got into a situation where his actions (probably in self defense) had a tragic ending which I am sure he will regret for the rest of his life.

Respectfully to Mr. Pendleton, I cannot know if he will have regrets once gets out of this and reflects back. He may or may not. I read your post and it really made me stop and think about if it were me who had had to resort to the kind of self-preservation which ended this animal's attack (all things I have since discovered to be considered when I reflect).

I know if I only think about hearing from the police that the attacker had expired that I may have a twinge of regret... ONLY if I think about that.

But I would also, in fairness to myself (be true to yourself) think about the stone cold animal look in the attacker's eyes, and those of his accomplices. I would remember (see prior video, which I watched many times) how I innocently approached an altercation to catch it on film, which is not so uncommon, and was accosted by that one animal, which, when he lunged his arm at me, caused me to fling up my arm to ward off his attempt. And then as I instantly (apparently per footage) understood the situation and attempted to walk away (ATTEMPT TO WALK AWAY the first time within several moments of getting to the altercation), I would...

... remember how these animals did not allow me that privilege, and instead stalked me like predators and, picking up their pace to overtake me several meters from the altercation, begin raining savage blows to my head and arms, causing profuse cuts and gashes to my head and arm.

I would remember them not backing down one bit and how I felt at that moment; the emotions, the shock, the cry to stop not being heard.

I would remember the good Samaritans who jumped in and warded off these animals after I had performed the deed in self-defense... to make these pack animals stop, when words alone would not avail. These good people's actions allowing me to remove myself from this horrific attack upon me (i.e. Allowing me to WALK AWAY A SECOND TIME - SECOND TIME - without being pursued by these animals).

I would remember that everything that "thug-transformed-to-animal" did that night before he died was his call and his call only, and on no account of my existence. He singled me out.

I would remember a lot, and in the final analysis of remembering, I think... No!... No, I would not feel one damn bit of regret for doing what I did - other than fleeting, due to the knee-jerk sense of decency within my soul - and especially when the one who died was solely (SOLEY) responsible for what happened... from a legal, civil, ethical, moral, decent and principled point of view. He had none of these.

That is my honest approach to what you posed as a very legitimate and provoking thought.

Edited March 13, 2015 by cup-O-coffee

[kiwikeith]

Self defense is a good enough reason for Bail

Until proven otherwise, he was protecting himself...

I guess being told to stop doing something you have every right to do, then getting beaten up for doing nothing illegal, buy someone who does not have any authority to do so, would lead to an incident like this....

The man was beaten badly by the look of his injury it is obvious self defense to me and he deserves bail and good on the Aussie consulate for their support,

good luck mate but sadly you might have to leave Thailand after this is over as they might come at you.

[MyFriend You]

 

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.

 

or suicide on the biuncers part.................

[noddy77]

Sounds like without the knife no one would have had time to rescue him and he would be dead.

Now that would be very unfair in my opinion.

[nontabury]

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

agree , he will have a very good lawyer to represent him and they will throw this out ...

And where in a thailand will he find a good Lawyer?

[jacko45k]

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 he killed someone. Now it is up to him and his legal team to prove self defence.

[cookee68]

Bail when charged with murder? Amazing Thailand!

Why, any one with a bit of status or money always gets bail, regardless the crime in Thailand

[cookee68]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Posted on the topic earlier this week and stand by what I said then. I sensed it would come down to this. Mark, unfortunately will regret his decisions, regardless of the back n forth by us all of "who can, should, or would" in such a situation. At 59 and a 10 year resident here, he should know it's best to turn the other direction and exit with pace when he sees impending trouble like this..., not become an active participant.

My heart goes out to him and to the family of the man now deceased. There's nothing but sad written all over this event.

everybody pulls out their mobile to film when sometin happen, especially in thailand when they film u even while yr dying on the Streets,

so he's integrated in thai culture and for the bouncer , if he didn't attack an innocent guy, he would still be living another day to beat up tourists.

in my mind a tourist beater is just the same as a woman beater , i hope those tourist beating bouncers will someday understand that their are tourist that will fight back and their magical sak yan tattoos won't protec them from bullets or knifes.

So very true

[mordicae schnable]

the overiding lesson in this case is weather one should get involved in someones else's business by stopping and buying into it. the problem with these spontaneous decisions is that you do no know the full story. anyway this local business man "bought" in and now will have to settle the account one way or another for his decision..............schnable............barista and carpetbagger

[simon43]

And where in a thailand will he find a good Lawyer?

The new Australian Honorary Consul in Phuket (Michelle). Though I'm not sure if she is allowed to operate with 'both hats' on, lawyer and Consul.

[Ulic]

59 year old vs. a 25 year old bouncer, I doubt he was the aggressor.

[yardrunner]

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???

so a physical assault and someone pulls a knife and stabs the other person, it may not be murder but is certainly manslaughter