Pol Gen Pongpat: Benz driver faces 8 charges but not manslaughter

[taony]

Does anyone know what company this person is the owner of? Just asking so I can avoid giving him any business

He owns the luxury car import business 'Luxotic Automotive' - which no longer has a website nor a Facebook page...

I wonder who stole the name from whom.

http://www.luxoticvehicles.com/contact.html

EDIT: This looks to be about them: http://www.komchadluek.net/nationzone/292/20130926/217/LuxoticAutomotive..%E0%B8%AB%E0%B8%A3%E0%B8%B9%E0%B9%80%E0%B8%A5%E0%B8%B7%E0%B8%AD%E0%B8%81%E0%B9%84%E0%B8%94%E0%B9%89.html

Edited April 27, 2016 by taony

[wabothai]

Problem is the rest of the country. No one complains outside of a few facebook posts. No one protests. No one demands accountability from "government " "officials". Nothing will change. No one is even protesting outside the family business.

Unless it is a dog that is treated badly, facebook gets busy.

Edited April 27, 2016 by wabothai

[PaulBraveheart]

Law grinds the poor, and rich men rule the law. Oliver Goldsmith

[Redline]

Manslaughter is negligence, not deliberate right?

Criminally Negligent Manslaughter A homicide resulting from the taking of an unreasonable and high degree of risk is usually considered criminally negligent manslaughter.

Involuntary manslaughter is the unlawful killing of another human being without intent.

The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, and malice. The unlawful killing of a human being without any deliberation, which may be involuntary, in the commission of a lawful act without due caution and circumspection.

Well, it may read different here, but it's impossible to say this was not Manslaughter. After all, 2 kids were slaughtered when their bright futures were just beginning.

[Baerboxer]

For whatever reason or reasons, Pol Gen Pongpat has not considered vehicle manslaughter which is in Thailand Criminal Act. Extract from lawyers.com explain: -

"In general, the difference between murder and manslaughter is that murder requires an intent to kill (or to inflict great bodily injury), but manslaughter does not. Thus, a defendant does not have to intend to kill or injure anyone in order to be guilty of vehicular manslaughter. To be convicted of vehicular manslaughter in most jurisdictions, the prosecution must prove, beyond a reasonable doubt, that:

the driver operated a motor vehicle in a reckless or grossly (severely) negligent manner, and

the drivers conduct caused a fatality.

Reckless or grossly negligent conduct poses a more severe and obvious threat of death than mere carelessness or simple negligence. Recklessness and gross negligence can be shown in a variety of ways, such as driving under the influence of drugs or alcohol or violating certain traffic laws, like speeding, texting while driving, or deliberately running a red light. Ignoring a warning not to drive while taking prescription medication could also constitute reckless and gross negligence, and so could driving with a known medical condition that could affect your ability to drive safely. The extent of the danger created by the drivers actions will usually determine whether the defendant is charged with simple or aggravated (meaning more serious) vehicular manslaughter. Aggravated felonies carry stiffer penalties".

He smashed through the toll barrier, drove and very high speed ignoring the speed limit, smashed into a car in the slow lane and refused a breath or blood tests.

It seems he fits the expression "reckless and grossly negligent".

But as TiT, and he's rich from a very rich well connected family, he couldn't give a rat's arse, as he knows he won't be charged with such serious offences and "punished" very gently as befits someone from his social class.

Stinks Eric, but just another example of how the Thai justice system operates at different levels.

[Baerboxer]

The national RTP commissioner realized there was severe and loud public outcry on this case, mainly in regard to how long it was taking to make any progress / any announcement on this and the red bull case, and he ordered the national 2ic police general to take over the case and make some fast progress to alleviate the public outcry.

So why did it take so long to make an announcement on this case dear police general?

And still no further comment on the red bull case.

Makes me wonder is there is still a dark influence controlling / frightening the whole RTP!

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

And let's not forget the honda girl case. There was an official announcement some three weeks ago about an official inquiry as to why she was doing community service at a place of her choosing and not at the hospital stipulated by a court order / by her probation officer. No further reporting, what's happening?

All three individuals you mention come from rich well connected hiso families.

Laws apply "differently" to them. They are all equal but some are more equal - and it shows.

Now if a poor person killed an hiso through drunk reckless driving, or driving whilst on the phone, underage with no license or insurance, watch how quickly the BiB, prosecutors and justice system operates.

In the case of the rich, delays occur whilst the family of the perp lines up all their connections, grace and favor pals, and call in old favors, to see who can win the pissing contest with the highest number of mates in high places.

Edited April 27, 2016 by Baerboxer

[Alwyn]

They didn't charge manslaughter because there's no clear suggestion of intent? that's what manslaughter is! If there was intent it would be murder <deleted>!

From Websters online dictionary;

Simple Definition of manslaughter

• law : the crime of killing a person without intending to do so

[TKDfella]

Please gentlemen, be careful some posts are no less than vigilantism and while I understand your sentiment Batman just isn't going to happen. Let the punishment fit the crime, put him in a car at a Mercedes crash center....well you can guess the rest eh? Nah, not going to happen either...Didn't it happen a little while back where some Thais did take the law into their own hands? It could happen again!

[SABloke]

Sadly justice was bought....however, leave it to Karma... the DH will get his in the end..

''Karma'' is the reason these <deleted> get away with everything...the poor masses are taught, ''don't worry, be good and in your next life you'll be better off...and don't worry about the wealthy criminals, they are making merit at the temple now but will be screwed in the next life anyway.

It's the same shit i the west...''don't worry...yes he's a rich billionare with all the trappinga, but remember Jesus said the last shall be first so he's way at the back of the queue in the next life''

[ljd1308]

"However, he said that the victims’ relatives have the right to pursue the manslaughter charge against the suspect if they come up with incriminating evidences against him for submission to the enquiry officers or to the public prosecutors in charge of the case."

I read this and thought it was odd that the police seemed to be asking the victims families to do the investigation for them, however given the police clearly do not know what manslaughter is(which this seems as clear cut as anything) perhaps it is best they leave the police work to non police.

Can he be reported for Lese Majeste for bringing the Royal Thai Police into disrepute with his stupidity? I often think this whenever I see police incompetence here, surely that reflects badly on the King?

[lensta]

for all our wailing and wringing of hands, we all knew this would be the outcome, oh this country is crying out for a hit squad. well according to recent reports they are out there already

As I said once before "The star Chamber" is required in this case.

[paddyjoe41]

Must not forget that this case has to be very very hard on this poor rich expensive car importer,because the poor red bull scapegoat who only was drunk and let his servant drive his ferrari that killed the police man that ran under his car, with his motorbike,has to be considered next.The servant will have to pay up,even for the car.its enough to make anyone hide in HongKong.

[Mudcrab]

Unbelievable.

When the news was posted that the parents of the victims asked for manslaughter charges, all posts on Thaivisa declared that it was not possible to proof that he had the intend to kill the victims.

Now when police announce there can be no manslaughter charges for that exact reason, so far all posts blame the police for not pressing the charges.

A bunch of very sick people on this forum

Actually, the parents of the victims sought "premeditated murder" charges, not manslaughter charges - which is what some of the posters, quite rightly, declared impossible to prove.

You can revisit that post here: http://www.thaivisa.com/forum/topic/911466-victims-families-seek-premeditated-murder-charge-for-mercedes-driver-over-fatal-crash/

I won't even address your last statement...

The "police " also filed eight other charges that the family didn't ask for. So what's your point?

All charges he will easily walk away from.

He killed people due to drinking and driving, therefore should go to jail. However, he won't. His family will cash everyone out and this will all go away.

Just like Ted Kennedy and Mary-Jo?

[Mudcrab]

me, is thinking that this is the start of the whitewash. Money has changed handsThe powers that be seem to be confusing premeditated murder with manslaughter.

I agree that there is no reason for a premeditated murder charge, but there sure is a solid reason for a manslaughter charge.

But, cynical me, is thinking that this is the start of the whitewash. Money HAS changed hands.

Don't say that fella, I hope you're wrong or next we will be hearing how the evidence of driving under the influence has gone missing,,,,

There is no evidence of driving under the influence. He refused the test and has been charged with that.

[Mudcrab]

He is guilty of manslaughter by default.

He killed two innocent young people for god's sake!

There was no question of premeditation unless he knew the victims and it can be proven he had a motive.

It was unintentional murder AKA manslaughter !

What's wrong with this ridiculous Thai law, that it can't make a simple observation and impose the correct penalty?

Isn't that for the court to decide?

[ljd1308]

me, is thinking that this is the start of the whitewash. Money has changed handsThe powers that be seem to be confusing premeditated murder with manslaughter.

I agree that there is no reason for a premeditated murder charge, but there sure is a solid reason for a manslaughter charge.

But, cynical me, is thinking that this is the start of the whitewash. Money HAS changed hands.

Don't say that fella, I hope you're wrong or next we will be hearing how the evidence of driving under the influence has gone missing,,,,

There is no evidence of driving under the influence. He refused the test and has been charged with that.

He should be automatically assumed to be under the influence if the test is refused.

In fact i vaguely recall one of the mouths in the rtp saying that very thing a few months ago.

[Artisi]

not al is lost, maybe they'll get him for jaywalking.

Maybe the family of his victims ought to plant some mushrooms on him, or, even worse, a red bowl...

Or a deck of bridge cards.

[Mystified]

One would get the impression from the charges, that it was all just bad driving, and that no accident or deaths occurred.

This is really shameful.

No money no honey... lots of money lots of looking the other way

[MrMo]

Manslaughter - the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.

Come on P.G. Pongpat, where is the word INTENT in there. You are a disgrace to His Majesty police service. You do not deserve the titles Police General nor even Khun.