Police says not enough evidence to support premeditated murder charges against youths

[Filadog]

I can understand the ' not premeditated ' aspect since it seems it wasn't planned but rather a violent over-reaction to the deceased shouting at them.

The concern should be that the murder charges laid actually stick and that the ducking and weaving isn't in train already.

I tend to agree. I doubt they went out that evening with the intent of murdering someone. More likely a combination of drugs, drink and pack mentality led to this tragic occurence.

I would be pleased to see them jailed for an extended length of time, regardless if they can prove or not that it was pre-meditated. It was murder and in my opinion whether it was pre-meditated or not is by the by. They probably like the outcry about pre-meditated or not as it gives them something to huff, fluff, umm and ahh about as they are busy playing legal gymnastics behind the scenes.

The original reports indicated that they had an argument with the victim. The gang then left and returned with weapons used to kill the victim. That is premeditated murder. If they killed him during the argument its murder or manslaughter, but by leaving and coming back with weapons it becomes premeditated murder. Well in normal countries, but here for police children anything can be arranged.

Thank you, that is exactly as I recall it so obviously it is premeditated. Also, are these not the same guys that were caught on black and white CCTV footage just 2 or 3 months back attacking and killing someone on a sidewalk? The punk on the left had his smiling face plastered all over the news. Below is the meme circulating in Thai social media. It calls for the death penalty and asks those who agree to share.

[Acharn]

Alice in Wonderland logic here:

How would it be in the favour of the suspects to be charged with the more serious offence? Surely that would be in the favour of the victims relatives?

It would definitely not distort the case in the way the commissioner is implying. Maybe we are not supposed to be able to think rationally.

I do not pretend to be able to read the minds of Thai police officers, but it is very common to overcharge a suspect when you want him to be acquitted in court. That's what happened in the U.S. when George Zimmerman murdered Trayvon Martin. The prosecutor decided to charge him with second degree murder even though lawyers on his staff warned him the evidence did not support the more serious charge, and the jury was forced to find him not guilty. In this case it's better to charge the less serious offense. From newspaper stories I understood they had an altercation, went to their motorcycles and retrieved their swords, and came back and killed the guy. In American law that would be premeditation. I am not a Thai lawyer; Thai law is based on the Code Napoleon. I don't know the requirements to prove premeditation. Charge them with the crime they can be convicted of.

[Jonmarleesco]

'He explained that police could not overcharge the suspects otherwise they would be accused by the public of being biased or unprofessional.' Really? He doesn't think it's likely to be the other way round?

'Some of the suspects told the police that they merely responded to a friend’s call for help ...' He needed help to attack a disabled man? And they were carrying weapons. With no thought of using them? Do the police think they were agriculturalists, on the way to hack down some weeds? What total BS!

[BadBouy]

I can understand the ' not premeditated ' aspect since it seems it wasn't planned but rather a violent over-reaction to the deceased shouting at them.

The concern should be that the murder charges laid actually stick and that the ducking and weaving isn't in train already.

I was thinking "not premeditated" as well. Then I was wondering why they would be riding around with swords. Seems they had something in mind, be it very tiny minds.

[Plutojames88]

Quote

""He explained that police could not overcharge the suspects otherwise they would be accused by the public of being biased or unprofessional""

Unquote

There it is.

The self assured Thai logic .

"Why dumb Farang don't understand this?""

And he is right....the actions don't support a pre- meditated murder.

It was however murder.

And this is the reason Thailand is not noted for a space rocket programme that requires fine sharp calculations and precision.

What we have here is more like the sun rises in the east and the chicken was seen running towards the sun the morning it disappeared.

It ignores the hungry dog seen immediately lurking at the time and feathers going west.

This murder charge isn't being applied under the pretence of being "" unprofessional "" while a family griefs over an heinous crime committed against its member.

A simple question of why isn't this murder?

Needs asking.

Sure not 1st degree.

But second it is.

And the death penalty can still be applied where it can be determined death was inflicted deliberately.

With wilful intent.

Edited May 18, 2016 by Plutojames88

[Plutojames88]

Apologises , it is pre-meditated Murder as weapons were acquired before returning ...I was unaware of that.

I once sat next to a Thai upper class student on his way to study in Australia at university for the first time.

He was in business class ( where I don't normally travel ) but my company had bought me the ticket.

It was enlightening , even scary to hear his version of Thai law.

I can see why it's applied outside of the box.

And to them they might even believe theses youths acted in self defence?

The steps of progression by ancestors of the people who survived Ice Ages with careful thinking.

Is very different to people in warmer climates unaffected and whose thoughts are not as crucial to survive.

[Winniedapu]

Insufficient evidence...

They were carrying what looked like swords and machetes for another, completely innocent reason associated with them being family of police officers...

Winnie

[steve654]

Unlike many posters here I do not have a detailed knowledge of Thai law but I do know what "Premeditated" means. I suggest some people look the word up before using it.

Clearly there are also Americans posting who seem to not understand that this is Thailand and not the USA (Which itself has some very strange laws including treating and charging very young children as tho' they were Adults http://edition.cnn.com/2015/10/14/opinions/holloway-charging-juveniles-as-adults/)

One of the things I do admire about USA law is that they often "do" charge children as adults if the crime is very violent. Many disagree with that unless of course they or their families became a victim themselves.

I would "admire" such laws if the parents of the child offender(s) were also charged with facilitating the crime by allowing access to weapons etc.

Young children who commit serious offences need treatment and rehabilitation not "banging up" in some jail for life ...........................

Your view will change if you become a victim. See it all the time in the news. Some kids love to make serious trouble, and good old USA has an answer for them and it's very painful. Act like a crazy adult and do time like an adult.

[jamesbrock]

Pol Lt-Gen Sanit asserted that the case could not be distorted in favour of the suspects simply because two of them were children of policemen in Chokechai and Bang Chan police stations.

I'm pretty certain that the fact that four 'children of policemen' has inexplicably become two 'children of policemen' proves the case has already been distorted in favour of the suspects...

[bangkokfanatic]

The friends responded to a call for help.....How many does it take to kill a disabled man?

And if you've watched the video... he obviously needed help to catch the disabled one-legged man who was hopping away trying to save his own life. Poor guy knew what was coming.

[Mystified]

Not his decision, is it? Up to the public prosecutor,isn't it? Sorry, I felt I needed to reiterate that point.

It seems there is really no need for Thailand to have a court system or even lawyers since the police and the temples charge, decide time served or punished (either by 500 thb or 3 days head shaved) a few wai a few sorry and poof all is balanced