Video footage exonerates Aussie expat from Phuket murder charge

[webfact]

Video footage exonerates Aussie expat from Phuket murder charge
Eakkapop Thongtub


Mark Pendlebury (2nd from left) talks to police after the attack in March.

PHUKET: -- Video footage of the attack in which Australian expat Mark Pendlebury fatally stabbed a Patong nightclub staffer in March has convinced Phuket police to drop the murder charge against the 59-year-old from Western Australia.

“After reviewing the CCTV footage recently provided, we have decided to not pursue the murder charge against Mr Pendlebury,” Lt Col Jessada Saengsuree of the Kathu police confirmed today (June 10).

“However, standard procedure dictates that we must hand over all relevant evidence in the case to the public prosecutor so they can decide whether or not Mr Pendlebury should be charged.”

Mr Pendlebury was on his way home from a Rotary Club meeting just after midnight on March 11 when he stopped to film security guards from the Tai Pan disco ejecting two men from the nightclub.

He said a security guard ordered him to stop filming and then attacked him.

The security guard, 25-year-old Sanya Khlueawaengmon, was stabbed in the ensuing scuffle. He later died in hospital. (See story here)

Col Jessada declined to provide the CCTV footage to The Phuket News.

“At this stage it is still evidence that we must hand over to the public prosecutor,” he said.

Col Jessada explained that the new CCTV footage was also instrumental in the victim’s family decision to drop their complaint against the Mr Pendlebury.

However, Mr Pendlebury was fined B500 for carrying a knife in a public place, he said.

“And we are now looking to charge the other nightclub doormen involved in the incident with accessory to assault,” he said.

Source: http://www.thephuketnews.com/video-footage-exonerates-aussie-expat-from-phuket-murder-charge-52706.php


-- Phuket News 2015-06-10

[saakura]

Wonder how much money changed hands for this video to suddenly surface after 3 months. And who carries knives to midnight rotary meetings?

[khunianb]

Wonder how much money changed hands for this video to suddenly surface after 3 months. And who carries knives to midnight rotary meetings?

I understand that Mr. Pendlebury has a sailing business and many sailors carry a small knife to cut lines in emergencies. Guess that he just carries his all the time.

[masquerade]

Wonder how much money changed hands for this video to suddenly surface after 3 months. And who carries knives to midnight rotary meetings?

What, the video that was on this forum from day one and the knife that the majority of sailors carry? Get a life sunshine and what's with the poor attempt at your trolling, you can't even do that properly.

[smedly]

The security guards had no right to tell him to stop filming and when attacked he had every right to defend himself - some might regard his actions as stupidity knowing how thugs in Thailand are - but that has no relevance to what seems to have transpired during this incident.

[Shot]

Wonder how much money changed hands for this video to suddenly surface after 3 months. And who carries knives to midnight rotary meetings?

He paid 1.2 million Baht + an additional 100k Baht (cremation fee) to the dead thugs mother for the new "video footage".

[waza]

"PHUKET: Video from one security camera shows Mr Pendlebury attempting to film the eviction of customers from the premises....shows a figure confronting Mr Pendlebury....Mr Pendlebury, who quickly retreats along a row of parked tuk-tuks... Within moments he is shown being pursued by five or six men.,Seconds later, Mr Pendlebury has told police, he was knocked to the ground, being kicked in the head and fighting for his life, then desperately lashing out with a pocket knife. Injuries to the face, head and torso of Australian Mark Pendlebury are consistent with his claim that he was ''being stomped'' by security guards and tuk-tuk drivers before a fatal stabbing in Patong.... .... Two men he says were Indians - or possibly tourists from the Middle east - intervened and saved his life."

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

[starky]

Wonder how much money changed hands for this video to suddenly surface after 3 months. And who carries knives to midnight rotary meetings?

I understand that Mr. Pendlebury has a sailing business and many sailors carry a small knife to cut lines in emergencies. Guess that he just carries his all the time.

I sincerely hope you are being facetious otherwise it is the flimsiest excuse I have ever heard. I have been at sea 25 years and always carry a knife on deck. When I go down the gangway though my knife stays onboard. Couldn't see many situations would you would need to cut a line down near a bar in Phuket at midnight but hey... On one hand it is good to see a falang get away with the same things the Thai's do for a change but methinks if the Aussie had been killed by the Thai and walked with only a 500 baht illegal carry fine the Thai bashing brigade would be having a field day. No doubt a hefty envelope has changed hands here with the old "have new cctv footage but can't show you" excuse that seems to have worked many times before

[starky]

Wonder how much money changed hands for this video to suddenly surface after 3 months. And who carries knives to midnight rotary meetings?

He paid 1.2 million Baht + an additional 100k Baht (cremation fee) to the dead thugs mother for the new "video footage".

That would explain an awful lot but is there any proof of this or only hearsay?

[Shot]

Wonder how much money changed hands for this video to suddenly surface after 3 months. And who carries knives to midnight rotary meetings?

He paid 1.2 million Baht + an additional 100k Baht (cremation fee) to the dead thugs mother for the new "video footage".

That would explain an awful lot but is there any proof of this or only hearsay?

I can't link it, but check out PW June 8

[jacko45k]

Wonder how much money changed hands for this video to suddenly surface after 3 months. And who carries knives to midnight rotary meetings?

The cook?

My thought was that in the UK he would be doing time rather than paying a 500 baht fine.

Sad indictment of Phuket I think if people feel they need to carry weapons......

[junk1e]

Re. He paid 1.2 million Baht + an additional 100k Baht (cremation fee) to the dead thugs mother for the new "video footage"

Would seem very plausible with the police negotiating the deal and receiving a % of the compensation. Similar thing happened to me following a road accident which was my fault and victim suffered serious injuries. Many years ago and I arranged private medical treatment which saved his life. Later with police a financial agreement was reached which led to no charges being made against me. My Thai lawyer advised that police would take cut but that was hearsay as passed money directly to victim at police station and did not see any money change hands at that time and I did not give any money to the police. Although the motor cyclist was not wearing a helmet and riding at high speed with no lights at night, nevertheless although were mitigating circumstances fact is I should have been charged but was not.

In the case being discussed there is no doubt that Mr.Pendlebury would have been charged in the West even if not for murder, What charge would be up to police and the relevant prosecution department. Appears Thai police take the view that if compensation paid and everybody happy then that is best solution which does have merit. However is it justice? If Mr. Pendlebury did not have any money am sure would have been prosecuted.

[steven100]

' Col Jessada explained that the new CCTV footage was also instrumental in the victim’s family decision to drop their complaint against the Mr Pendlebury.'

“After reviewing the CCTV footage recently provided, why has this only come to light now ?

New CCTV footage ? I would say the family dropped their complaint because it was all BS !! it was the victims fault ..

“And we are now looking to charge the other nightclub doormen involved in the incident with accessory to assault,” he said.

Just goes to show how inept the police look .... the case goes from wanting to charge the farang with murder to charging the doorman.

Can anyone see how stupid this would look in any other country.

sounds more like a case of bad investigating to me ...

[spidermike007]

"PHUKET: Video from one security camera shows Mr Pendlebury attempting to film the eviction of customers from the premises....shows a figure confronting Mr Pendlebury....Mr Pendlebury, who quickly retreats along a row of parked tuk-tuks... Within moments he is shown being pursued by five or six men.,Seconds later, Mr Pendlebury has told police, he was knocked to the ground, being kicked in the head and fighting for his life, then desperately lashing out with a pocket knife. Injuries to the face, head and torso of Australian Mark Pendlebury are consistent with his claim that he was ''being stomped'' by security guards and tuk-tuk drivers before a fatal stabbing in Patong.... .... Two men he says were Indians - or possibly tourists from the Middle east - intervened and saved his life."

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

Most Thai men seem to fight in groups. After seeing one of their own being killed in a scuffle, these tiny minded low life puddle scum might think twice about attacking another man, anytime soon. Lesson learned? We might hope so. Many mammals learn from past events. Is is possible with these security worms?

[starky]

' Col Jessada explained that the new CCTV footage was also instrumental in the victim’s family decision to drop their complaint against the Mr Pendlebury.'

“After reviewing the CCTV footage recently provided, why has this only come to light now ?

New CCTV footage ? I would say the family dropped their complaint because it was all BS !! it was the victims fault ..

“And we are now looking to charge the other nightclub doormen involved in the incident with accessory to assault,” he said.

Just goes to show how inept the police look .... the case goes from wanting to charge the farang with murder to charging the doorman.

Can anyone see how stupid this would look in any other country.

sounds more like a case of bad investigating to me ...

it was the victims fault he got stabbed to death? IMHO the family dropped the charges after seeing the 1.2 million baht not any new CCTV footage that may have come to light

[Nick167]

Hurray...at least for once I commend the local police for doing the right thing and ensuring justice. As for the local security gurad that died, i hope that trash like him rots in hell and may his immediate family ensure more sufferrings for having trash like him.

[Maggusoil]

"PHUKET: Video from one security camera shows Mr Pendlebury attempting to film the eviction of customers from the premises....shows a figure confronting Mr Pendlebury....Mr Pendlebury, who quickly retreats along a row of parked tuk-tuks... Within moments he is shown being pursued by five or six men.,Seconds later, Mr Pendlebury has told police, he was knocked to the ground, being kicked in the head and fighting for his life, then desperately lashing out with a pocket knife. Injuries to the face, head and torso of Australian Mark Pendlebury are consistent with his claim that he was ''being stomped'' by security guards and tuk-tuk drivers before a fatal stabbing in Patong.... .... Two men he says were Indians - or possibly tourists from the Middle east - intervened and saved his life."

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

My only question regarding this at TV (re-enactments.com)(speculation.com?), is how a man who is being pursued/ attacked, punched, kicked in the face, by five people, has the time or means to get a pocket knife out of his pocket, open it and kill one of the attackers, in self defense. It just doesn't make a lot of sense to me. I have trouble opening my pocket knife, on my own, standing still in a light filled room and I don't have Parkin(sson's or anything like that. A pocket knife is also a euphemism for the weapon he used.

I would venture there had to be some intent and a lot that isn't being said. If a million baht was paid for "adjustments" to evidence and to the dead man's family, it was generous by Thai standards. Do we get to analyse the actual court evidence transcripts?

He may have started with good intent, however I still can't see how a man who has spent so long here and knows how things work, why he attempted "any" intervention in the first place. It is surely something that will live in his conscience for the rest of his life.

[Oziex1]

Had he not had the knife he probably would not be around to tell his story and another bunch of lying thugs may have got away with murder.

[OmarZaidMD]

KUDOS to the old fella

[Oziex1]

"PHUKET: Video from one security camera shows Mr Pendlebury attempting to film the eviction of customers from the premises....shows a figure confronting Mr Pendlebury....Mr Pendlebury, who quickly retreats along a row of parked tuk-tuks... Within moments he is shown being pursued by five or six men.,Seconds later, Mr Pendlebury has told police, he was knocked to the ground, being kicked in the head and fighting for his life, then desperately lashing out with a pocket knife. Injuries to the face, head and torso of Australian Mark Pendlebury are consistent with his claim that he was ''being stomped'' by security guards and tuk-tuk drivers before a fatal stabbing in Patong.... .... Two men he says were Indians - or possibly tourists from the Middle east - intervened and saved his life."

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

My only question regarding this at TV (re-enactments.com)(speculation.com?), is how a man who is being pursued/ attacked, punched, kicked in the face, by five people, has the time or means to get a pocket knife out of his pocket, open it and kill one of the attackers, in self defense. It just doesn't make a lot of sense to me. I have trouble opening my pocket knife, on my own, standing still in a light filled room and I don't have Parkin(sson's or anything like that. A pocket knife is also a euphemism for the weapon he used.

I would venture there had to be some intent and a lot that isn't being said. If a million baht was paid for "adjustments" to evidence and to the dead man's family, it was generous by Thai standards. Do we get to analyse the actual court evidence transcripts?

He may have started with good intent, however I still can't see how a man who has spent so long here and knows how things work, why he attempted "any" intervention in the first place. It is surely something that will live in his conscience for the rest of his life.

I would assemble an M60 machine gun in the dark from scratch if it meant saving my own life.

As awful as it may sound to some, does my heart bleed for the deceased . No it does not, these thug bullies are a dime a dozen in entertainment precincts around the world.

[dunks]

' Col Jessada explained that the new CCTV footage was also instrumental in the victims family decision to drop their complaint against the Mr Pendlebury.'

After reviewing the CCTV footage recently provided, why has this only come to light now ?

New CCTV footage ? I would say the family dropped their complaint because it was all BS !! it was the victims fault ..

And we are now looking to charge the other nightclub doormen involved in the incident with accessory to assault, he said.

Just goes to show how inept the police look .... the case goes from wanting to charge the farang with murder to charging the doorman.

Can anyone see how stupid this would look in any other country.

sounds more like a case of bad investigating to me ...

The Police do not care about anything other than the money. Just another days business to them.

[animatic]

Best justice money can buy, when you get a beating and defend yourself....

[razer]

Justice is what matters. Doesn't matter what nationality. Every long-term expat knows that when living in a developing country you are an easy mark but also knows that's part of the package.

[Tywais]

Off topic post removed. This topic is not about the UK.

[Bignose]

It should be remembered that this is a tragedy, a young man has lost his life and a family has lost a loved one. I know what the circumstances are and that many on this forum will be highly critical of the victims actions, but the loss of this life will be devastating for his family, it should be remembered that there are no winners in a story such as this, only sadness and loss. I am sure that Mr. Pendlebury and his family, even now after being fully exonerated, will remember this sad event for the rest of their lives.

The many opinions posted here are based largely on conjecture and snippets of information, none of us here (myself included) actually know what happened that evening as we weren't there . The video's now available obviously show enough to clear Mr. Pendlebury, at least now he and his family can get back to their normal lives.

Whether money changed hands or not is to me irrelevant, as far as I can see justice has now been done...

[neeray]

"PHUKET: Video from one security camera shows Mr Pendlebury attempting to film the eviction of customers from the premises....shows a figure confronting Mr Pendlebury....Mr Pendlebury, who quickly retreats along a row of parked tuk-tuks... Within moments he is shown being pursued by five or six men.,Seconds later, Mr Pendlebury has told police, he was knocked to the ground, being kicked in the head and fighting for his life, then desperately lashing out with a pocket knife. Injuries to the face, head and torso of Australian Mark Pendlebury are consistent with his claim that he was ''being stomped'' by security guards and tuk-tuk drivers before a fatal stabbing in Patong.... .... Two men he says were Indians - or possibly tourists from the Middle east - intervened and saved his life."

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

My only question regarding this at TV (re-enactments.com)(speculation.com?), is how a man who is being pursued/ attacked, punched, kicked in the face, by five people, has the time or means to get a pocket knife out of his pocket, open it and kill one of the attackers, in self defense. It just doesn't make a lot of sense to me. I have trouble opening my pocket knife, on my own, standing still in a light filled room and I don't have Parkin(sson's or anything like that. A pocket knife is also a euphemism for the weapon he used.

I would venture there had to be some intent and a lot that isn't being said. If a million baht was paid for "adjustments" to evidence and to the dead man's family, it was generous by Thai standards. Do we get to analyse the actual court evidence transcripts?

He may have started with good intent, however I still can't see how a man who has spent so long here and knows how things work, why he attempted "any" intervention in the first place. It is surely something that will live in his conscience for the rest of his life.

Maybe when he went down the side of the tuk tuks, he got the knife ready. Maybe it wasn't during the scuffle that he got it out. He does look and sound like he would have street smarts.

[mikiea]

Wonder how much money changed hands for this video to suddenly surface after 3 months. And who carries knives to midnight rotary meetings?

you can wonder all you want ......that is called all "show , no go" . i carry a knife at all times , a 2" apple peeler / nail clipper , what point are you trying to make ?

[jackanapes]

I am glad the local police have dropped the charges against mr pendlebury I would be even happier if he is completely exonerated .

[Linky]

' Col Jessada explained that the new CCTV footage was also instrumental in the victims family decision to drop their complaint against the Mr Pendlebury.'

After reviewing the CCTV footage recently provided, why has this only come to light now ?

New CCTV footage ? I would say the family dropped their complaint because it was all BS !! it was the victims fault ..

And we are now looking to charge the other nightclub doormen involved in the incident with accessory to assault, he said.

Just goes to show how inept the police look .... the case goes from wanting to charge the farang with murder to charging the doorman.

Can anyone see how stupid this would look in any other country.

sounds more like a case of bad investigating to me ...

it was the victims fault he got stabbed to death? IMHO the family dropped the charges after seeing the 1.2 million baht not any new CCTV footage that may have come to light

Yes it was the victims fault he was stabbed to death. He had no authority to chase a man and attack him. The man was defending himself in fear of his life, for no reason.

The real victim is the one that survived.

[hawthorne]

I carry a serrated blade every where I go. Even when in Thailand I carry it and it can be seen as it is the type with a clip for the pocket. As a kid growing up on a farm it was natural to have a knife on you. Being in the military it was useful. Being in the construction industry it was useful. In Thailand or any country with bad drivers it is useful if you have ever seen a driver die in a burning vehicle that could not escape. The seatbelt tends to get locked in a violent crash and the only way to free yourself is to cut the seatbelt. Buy a piece of fruit off the street it is useful. Opening a knife in a fight is the last resort as with any weapon you risk it being taken and used against you. So , I support anyone carrying a knife. If you have any military training you are given basic hand to hand combat so it does give you some confidence incase you are ever accosted or in fear of your life. But as a last resort. Glad to hear justice might prevail.