Bangkok pub operator gets three years in jail over Santika fire

[webfact]

Pub operator gets three years in jail over Santika fire
The Nation

BANGKOK: -- The Supreme Court has overturned the acquittal of an executive of a Bangkok pub that burned down due to exploding fireworks on New Year's Eve seven years ago, resulting in the death of 67 people.

Wisuk Setsawat, executive of White and Brothers (2003), was sentenced to three years in jail after en had already been acquitted by the Appeals Court.

Boonchu Laosihanart, executive of Focus Light, who was responsible for arranging the fireworks, was also sentenced to three years' imprisonment.

The accident took place on the late night of December 31, 2008, at the Santika Pub on Ekkamai Road. Hundreds of people were getting ready to usher in the New Year when the fireworks sparked the fire that engulfed the pub.

Many people were unable to escape the inferno because the venue did not have enough fire exits. The survivors said the pub had no extinguishers and most of the bodies of the victims were found piled up at the doors and windows. Dozens were injured.

The plaintiffs said that the defendants provided no floor plans of the building, no signs to mark the fire exits and no emergency lighting to guide people out of the building in emergency situations.

More than 1,000 people were celebrating at the venue despite the fact that it can only accommodate 500 people safely.

The Supreme Court dismissed Wisuk's claim that he was not in the company's executive list, saying he was operating the pub at the time of the accident.

The court also ordered Boonchu and his company to pay Bt5.12 million compensation to the victims of the fire and their families.

Source: http://www.nationmultimedia.com/national/Pub-operator-gets-three-years-in-jail-over-Santika-30272375.html


-- The Nation 2015-11-06

[Prbkk]

Not karma given the extent of the tragedy but well deserved. Hope he gets another couple of years on the tax evasion charges pending

[RidgeRunner]

"the club had been found in violation of safety inspections numerous times but was still allowed to operate"

The place burned on New Year Eve. The lease was expiring the next day.

Some people speculate the lease holder was bitter & torched the place so the property owners could not benefit from his customer base.

Also note, this place was registered as a noodle shop and illegally operating as a night club.

For years, they made monthly payments to police until a senior Thong Lor Police Officer became a "partner."

The BMA and Police should be held responsible too. No?

Edited November 5, 2015 by RidgeRunner

[CelticBhoy]

"Wisuk Setsawat, executive of White and Brothers (2003), was sentenced to three years in jail after en had already been acquitted by the Appeals Court."

He always looked a right smug p...k in previous court visit photos.

I would like to see how he's looking after this result.

Three years is a petty sum, but it will feel like forever for this dimwit.

[smutcakes]

"Wisuk Setsawat, executive of White and Brothers (2003), was sentenced to three years in jail after en had already been acquitted by the Appeals Court."

He always looked a right smug p...k in previous court visit photos.

I would like to see how he's looking after this result.

Three years is a petty sum, but it will feel like forever for this dimwit.

I agree IF he ever actually sees the inside of a cell.

[ezzra]

66 people has perished in the inferno, I don't even want to start calculation the 3 years jail term

divide by 66 lost lives, this is a disgrace, and no wonder rouge operators still continuing flaunting the laws

knowing full well that the punishment dose not, by any starch of the imaginations, fit the crime....

[animatic]

About time. Compared to the terror the victims had, 3 years is not a lot. Then again compared to the cushy life he had, sharing a dung covered cell with 100 sociopaths for 3 years is it's own kind of lingering hell. And if a relative or friend of one of the deceased is there too, or he is just told there is one, but they are not identified, 3 years of terror. Personally I think 15 years of this would have been more appropriate, but still relatively rare justice is being served, so for that we can be grateful.

[Friendly Stranger]

Seven years ago already. I remember when it happened as there were videos from onlookers of dead ppl outside and inside the club.

Three years is pittance, he better hope that none of those 66 was a somebody.

Edited November 6, 2015 by Friendly Stranger

[jalansanitwong]

I will assume this creep immediately appealed and posted bail.

He probably went home to his mansion in the suburbs .

He'll get a more sympathetic judge next time round and maybe win on appeal....again.

If i recall right there was a pretty Thai model whose face was literally melted off by the heat and flames.

She got about 100k baht compo. Her life is finished.

Edited November 6, 2015 by jalansanitwong

[robblok]

I will assume this creep immediately appealed and posted bail.

He probably went home to his mansion in the suburbs .

He'll get a more sympathetic judge next time round and maybe win on appeal....again.

If i recall right there was a pretty Thai model whose face was literally melted off by the heat and flames.

She got about 100k baht compo. Her life is finished.

I believe this is the supreme court.. nothing higher.. so it should be final.

[MZurf]

"Wisuk Setsawat, executive of White and Brothers (2003), was sentenced to three years in jail after en had already been acquitted by the Appeals Court."

He always looked a right smug p...k in previous court visit photos.

I would like to see how he's looking after this result.

Three years is a petty sum, but it will feel like forever for this dimwit.

I agree IF he ever actually sees the inside of a cell.

I doubt that the monied and well connected have to serve time. This is after all Thailand, and there's one type of "justice" for the big people and another for the little people.

[whatproblem]

Is it suspended?

[DLang]

Immediately 'Released on bail pending appeal' and not actually in a prison, one automatically presumes.

[ratcatcher]

Wisuk Setsawat

[jalansanitwong]

I will assume this creep immediately appealed and posted bail.

He probably went home to his mansion in the suburbs .

He'll get a more sympathetic judge next time round and maybe win on appeal....again.

If i recall right there was a pretty Thai model whose face was literally melted off by the heat and flames.

She got about 100k baht compo. Her life is finished.

I believe this is the supreme court.. nothing higher.. so it should be final.

I agree but i wont believe it till i see him on the TV news being tossed into the meat wagon.

It will be very interesting to watch the aftermath of the Yingluck rice pledge scam case thats currently before the Supreme court. It gave her bail but what if she is convicted and faces 10 years?

I simply cannot imagine a super Hi-So woman tearfully handing her LV handbag and cartier watch to her son and then stepping into a police meat wagon..destination ? Klom prem womens wing?

Time will tell.

[waldroj]

Can't appeal this decision!

Hopefully, a wakeup call to all Thai entertainment providers that they are responsible for the safety of their patrons (and staff).

Whilst this brings some justice to the victims and their families, it doesn't address the real problem (proper policing of the industry).

Officials also need severe rebuke for the abysmal failure to enforce appropriate safety measures.

[springheeled jack]

he should have got at least 15years for causing the death of so many people the place was a death trap .

[dddave]

I'll never forget that night. my GF and I lived in Phra Khanong, the next stop past Ekkamai on the BTS. We had celebrated New Years at a friends condo and were on our way home. The BTS was running until 2AM to accommodate New Years celebrators.

When the train pulled into Ekkamai.it was like a bad horror movie. Men and women in burned party clothes. faces and bodies covered with black soot, some with obvious burns piled onto the train. Many were crying...some hysterically...it was unreal. This was about 20 minutes after the fire began. Before we exited the train at Phra Khanong, we convinced some of the obviously burned and injured to let us take them to a nearby hospital....there were no taxis so we had to walk them there.

Horrible night.

I grew up in Boston where a conflagration at a nightclub in the 1940's called the "Coconut Grove" killed more than 400 and was still talked about years after. That fire was responsible for laws being enacted requiring outward opening doors with push bars in large public spaces.

In 2003, a fire in a Warwick, Rhode Island nightclub, also caused by fireworks during a Rock show killed 100 plus and just like Thailand, some people who should have been held accountable, walked.

Now, just last week in Romania...same thing: fireworks during a Rock concert...30 dead.

Some lessons just don't get learned.

Scariest place for me in Thailand? Lucifers Disco in Pattaya. Actually built over the water on piers so no rear or side exits. A huge and very crowed room with only a very small and narrow hallway leading to the only exit to Walking street. A death trap if ever there was one.

Edited November 6, 2015 by dddave

[DLang]

High up Police man was a major shareholder.

It was in a Entertainment Free Zone and licensed as a Noodle Stall.

It was constantly raided until a Top cop in the area was made a major share holder.

What has happened to him?

[TallGuyJohninBKK]

The prior news reports on this case refer to a supposed owner of White and Brothers 2003, the company that owned Santika, as being one of those originally charged. But I don't see any mention of him in the latest reports here. What ever happened to him? Or is this the guy, listed as the managing director on the company's papers, who turned out to be a car park attendant?

CNN 2009:

Suriya Ritrabue, the main shareholder of the company that owned Santika, turned himself over to police early Monday morning after authorities reported at least 64 people had died as a result of the fire.

The Independent 2011:

those charged include Wisuk Setsawat, an executive of Santika nightclub, Thawatchai Srithumma, the venue's general manager, and Saravuth Ariya, lead singer of the band Burn.

They face counts of carelessness leading to deaths and injuries, the newspaper reported.

Others indicted over the fire include entertainment manager Pongthep Jinda, marketing manager Puthipong Walailikree, Suriya Ritrabue, of the company which owns the club, and Boonchu Laosihart, from the firm which provided the special effects for the night.

Chairat Saeng-arun, who is an adviser to the Foundation for Consumers that has supported the Santika fire victims' fight for compensation, said the pub owner would be given one last chance to make an acceptable offer in the next court settlement negotiation set for Nov 25.

If the talks fail again, victims and relatives of the dead would launch legal proceedings against the 33 Santika pub management members and business partners who should be held responsible for the consequences of the fire, Mr Chairat said.

September 2009:

A police team has been sent to track down Suriya Ritrabue, the managing director of White and Brothers, the pub operator, who is still on the run,Pol Maj Gen Likhit said.

Edited November 6, 2015 by TallGuyJohninBKK

[TallGuyJohninBKK]

High up Police man was a major shareholder.

It was in a Entertainment Free Zone and licensed as a Noodle Stall.

It was constantly raided until a Top cop in the area was made a major share holder.

What has happened to him?

AFAIK, none of the police or BMA officials involved in this episode were ever publicly investigated, much less prosecuted.

This BBC website article on the aftermath of the fire has details on the Ministry of Justice investigation and the identity of the police office involved, a colonel at the time. The same name later shows up being quoted in BKK Post articles on various crime reports in 2012 and 2013 as then being a police Major Gen.

http://news.bbc.co.uk/2/hi/asia-pacific/7981841.stm

Here's the Wikipedia entry on the aftermath investigation and prosecutions (obviously not up to date with the latest court development):

https://en.wikipedia.org/wiki/Santika_Club_fire#Investigations_and_criminal_proceedings

Investigations and criminal proceedings

The owner of the Santika Club was charged, along with twelve other directors. The owner was also charged with allowing an underage customer into the club after a 17-year-old student's body was recovered. He faced a further charge of carelessness resulting in death.^[12]

Two parallel investigations were launched, one by the police and one by the Ministry of Justice. The police blamed the lead singer of "Burn" for setting off fireworks on stage, and the club owner for recklessness and for illegally admitting people under the age of 19. The Ministry of Justice investigation discovered the nightclub was officially registered as a private residence and therefore had never received a fire safety inspection. It was also located in a zone where nightclubs are prohibited and the city architect's signature approving the club's design had been forged.

Between 2004 and 2006, police had filed 47 charges against the club's owners for illegal operation. After that, however, no charges were filed. Suspicions of corruption were raised when one of the co-owners was identified as a senior police officer. When the Ministry of Justice investigation was turned over to the police, sources close to the Minister reported he was furious.^[1]

On 20 Sept 2011, the Southern Bangkok Criminal Court found two persons—Wisuk Setsawat, the pub owner, and Boonchu Laorinath, the light and sound company's owner—guilty of negligence. Wisuth and Boonchoo were given three-year jail terms. Boonchoo was also ordered to pay Bt8.5 million in compensation to five plaintiffs, relatives of the victims.^[13]

On 22 Oct 2013, the Court of Appeal acquitted Setsawat of gross negligence.^[14] On 25 Apr 2014, the Southern Bangkok Criminal Court found Setsawat guilty of excise tax violations and sentenced him to one year in prison.^[15]

Edited November 6, 2015 by TallGuyJohninBKK

[fred Kubasa]

60 + people die and he gets THREE YEARS ! About the same as a 7 - 11

shop lifter.

[RidgeRunner]

High up Police man was a major shareholder.

It was in a Entertainment Free Zone and licensed as a Noodle Stall.

It was constantly raided until a Top cop in the area was made a major share holder.

What has happened to him?

Prime Minister Abasit made headlines when he promised a full and fair investigation of these deaths.

I guess he wasn't talking about the police or BMA people that allowed this illegal dangerous venue to operate.

The guy is just a stooge,

Edited November 6, 2015 by RidgeRunner

[animatic]

I'll never forget that night. my GF and I lived in Phra Khanong, the next stop past Ekkamai on the BTS. We had celebrated New Years at a friends condo and were on our way home. The BTS was running until 2AM to accommodate New Years celebrators.

When the train pulled into Ekkamai.it was like a bad horror movie. Men and women in burned party clothes. faces and bodies covered with black soot, some with obvious burns piled onto the train. Many were crying...some hysterically...it was unreal. This was about 20 minutes after the fire began. Before we exited the train at Phra Khanong, we convinced some of the obviously burned and injured to let us take them to a nearby hospital....there were no taxis so we had to walk them there.

Horrible night.

I grew up in Boston where a conflagration at a nightclub in the 1940's called the "Coconut Grove" killed more than 400 and was still talked about years after. That fire was responsible for laws being enacted requiring outward opening doors with push bars in large public spaces.

In 2003, a fire in a Warwick, Rhode Island nightclub, also caused by fireworks during a Rock show killed 100 plus and just like Thailand, some people who should have been held accountable, walked.

Now, just last week in Romania...same thing: fireworks during a Rock concert...30 dead.

Some lessons just don't get learned.

Scariest place for me in Thailand? Lucifers Disco in Pattaya. Actually built over the water on piers so no rear or side exits. A huge and very crowed room with only a very small and narrow hallway leading to the only exit to Walking street. A death trap if ever there was one.

I've seen pictures of Coconut Grove, and the public ones in the Globe, horrendous carnage. A parent's friend was there., she survived, but remained traumatized certainly for years after.

I also worked several times at that same Rhode Island club and thought it was insane to even consider incendiary effects there. I had a friend who had turned down working that show and am grateful he took another job.

Sounds like you had a particularly nasty night,

but good on you to get the injured folks to the hospital.

Very happy to see any justice for this avoidable catastrophe.

Edited November 8, 2015 by animatic

[Basil B]

Will they get a refund on payments made for the appeals court verdict that has been overturned???

What is most shocking is that some government officials knew how dangerous the place was and looked the other way, it is they who should be doing 3 years these guys should have got 10 years+

[Alration]

I will assume this creep immediately appealed and posted bail.

He probably went home to his mansion in the suburbs .

He'll get a more sympathetic judge next time round and maybe win on appeal....again.

If i recall right there was a pretty Thai model whose face was literally melted off by the heat and flames.

She got about 100k baht compo. Her life is finished.

You assume wrong, this was a Supreme court verdict with no further appeal. He was taken away to prison.