Australian DJ Jake Mastroianni a victim of legal bungle in Thailand, says lawyer

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Australian DJ Jake Mastroianni a victim of legal bungle in Thailand, says lawyer

Lindsay Murdoch

 

BANGKOK: -- Jake Mastroianni, an Australian DJ known in the night clubs and strip bars of Thailand's Pattaya by his stage name Badmouth, was the victim of a critical legal error that put him behind bars for life, his lawyer says. 

 

Mastroianni, 26, was spending time at his girlfriend's apartment in the Thai beach city after his British friend sold ecstasy pills to a foreign man outside a nearby supermarket.

 

As the friend, Lance Whitmore, a 27-year-old former soldier, pulled 200 pills from his backpack, undercover police rushed to arrest him.

 

Full story: http://www.smh.com.au/world/australian-dj-jake-mastroianni-a-victim-of-legal-bungle-in-thailand-says-lawyer-20160909-grchp0.html

 

-- Sydney Morning Herald 2016-09-09

[dcnx]

Mr Feeney told Fairfax Media that no drugs were found on Mastroianni or in any of his belongings.

He pointed out that the 61 ecstasy pills were discovered in an apartment rented in the name of his Thai girlfriend who was never charged with any offence.

 

That's incredible. So the DJ had no pills on him or in any of his possessions,  and got life in prison. His life is ruined. The Thai girlfriend didn't get a single charge and 61 pills were found in her apartment. 

 

That makes my blood boil. 

[jamesbrock]

5 minutes ago, dcnx said:

Mr Feeney told Fairfax Media that no drugs were found on Mastroianni or in any of his belongings.

He pointed out that the 61 ecstasy pills were discovered in an apartment rented in the name of his Thai girlfriend who was never charged with any offence.

 

That's incredible. So the DJ had no pills on him or in any of his possessions,  and got life in prison. His life is ruined. The Thai girlfriend didn't get a single charge and 61 pills were found in her apartment. 

 

That makes my blood boil. 

 

Even without these revelations the sentence itself was an utter miscarriage of justice. I wonder what the people who wanted him put to death would be thinking now if they got their say? 

[greenchair]

Absolutely shocking. 

Another case of 1 rule for thai, a different rule for foreigner. 

What a great waste of a young life 26 years old. 

Absolutely shocking and terrible miscarriage of justice.

[Don Mega]

sucks to be him !!

[halloween]

19 minutes ago, dcnx said:

Mr Feeney told Fairfax Media that no drugs were found on Mastroianni or in any of his belongings.

He pointed out that the 61 ecstasy pills were discovered in an apartment rented in the name of his Thai girlfriend who was never charged with any offence.

 

That's incredible. So the DJ had no pills on him or in any of his possessions,  and got life in prison. His life is ruined. The Thai girlfriend didn't get a single charge and 61 pills were found in her apartment. 

 

That makes my blood boil. 

Perhaps you should chill a little and try to understand the Thai law concept of simple possession. 

Not a Thai lawyer, but as I understand it if the pills had been taken out of the back-pack they are in joint possession. Having established that possession, if the g/f was not present and claims she had no knowledge, she walks. 

I know of a case where 8 people in a ute were charged with possession of a bag that none refused to admit owning. 12 years each.

[wombat]

5 minutes ago, halloween said:

Perhaps you should chill a little and try to understand the Thai law concept of simple possession. 

Not a Thai lawyer, but as I understand it if the pills had been taken out of the back-pack they are in joint possession. Having established that possession, if the g/f was not present and claims she had no knowledge, she walks. 

I know of a case where 8 people in a ute were charged with possession of a bag that none refused to admit owning. 12 years each.

 

ot.....that would really suck to be one of the eleven

 

[Torfinn Sporkland]

The harsh sentence is just sickening to think about,. some 60 pills,. hardly get a week in any Western countries,. however keep in mind that Thais think it’s extremely offensive when foreigners are dealing drugs in their country. Tourists just having some small amount of drug for them selves hardly get bothered. 

Edited September 9, 2016 by Torfinn Sporkland

[halloween]

Just now, wombat said:

 

ot.....that would really suck to be one of the eleven

 

 

No, it really sucked to be all 12 (2 of whom were family). For some reason (probably related to baht exchange), the driver  was never charged.

[Bob9]

So quick to judge, but so slow to think.  Calm down and think about it.

 

He is a DJ where use of those pills is rampant - the guy caught with pills on him is his best friend - he dobs in his mate hoping for a reduction - they raid his mates place and find another 60odd pills - that the place is in the gf's name is irrelevent - that he doesn't have the pills on his person is irrelevent - he uses a cheap incompetent lawyer - he denies all charges and refuses to plead guilty (his mate does) - he then employs a decent lawyer - too late.

 

I think that just like the people complaining about the 'unfairness' of it all, he didn't understand the Thai law and how the Thai legal system works - this aint Australia. You dont have to be caught with the drugs in/on you here - this aint Australia. Proof of guilt does not have to be absolute here - this aint Australia.  Proof that you are selling them (or attempting) does not have to be proved - this aint Australia.

 

He is a DJ and his best mate was caught with 100s of pills, and the police found 60+ more at the place where he lived, and his mate dobbed him in (and pleaded guilty). That is not enough to convict in Australia - but it sure is here.  And here it is a very serious offence.

 

Do you really think he had nothing to do with those pills??  Come on  - get real !!  At best je is an idiot that was taken advantage of by his mate and girlfriend. Either way - play with drugs in Thailand and you are in deep poo poo if caught. A decent lawyer would have helped at the start, and would have convinced him to plead and do a deal.

 

    

[worgeordie]

Found in her apartment,but maybe in his belongings ? 

who knows.

regards worgeordie

[greenchair]

2 hours ago, worgeordie said:

Found in her apartment,but maybe in his belongings ? 

who knows.

regards worgeordie

Doesn't matter, 2 life sentences for 260 pills. When we see every week Thais being caught with hundreds of thousands and receiving 20 to 30 years. The sentence is horrendous for such a young man. 

[slipperylobster]

2 hours ago, Torfinn Sporkland said:

The harsh sentence is just sickening to think about,. some 60 pills,. hardly get a week in any Western countries,. however keep in mind that Thais think it’s extremely offensive when foreigners are dealing drugs in their country. Tourists just having some small amount of drug for them selves hardly get bothered. 

 

Hard to believe your last sentence.  My wife's daughter got 10 years (6 served so far) for having a few pills.   She was 20 yrs old back then. 5 pills...(not ectasy...something like crystal meth.)

 

If she was a foreigner, it would of been worse, I think.  This happened before I arrived....so I am guessing there was no money to fix it or that the lawyer had his hands tied, by the prosecution.  

 

 

 

 

 

Edited September 9, 2016 by slipperylobster

[greenchair]

1 minute ago, slipperylobster said:

 

Hard to believe that your last sentence.  My wife's daugher got 10 years (6 served so far) for having a few pills.   She was 20 yrs old back then. 5 pills...(not ectasy...something like crystal meth.)

 

 

 

That's really sad. 

It's sad for both your stepdaughter and the young man.

[Bluespunk]

2 hours ago, Torfinn Sporkland said:

The harsh sentence is just sickening to think about,. some 60 pills,. hardly get a week in any Western countries,. however keep in mind that Thais think it’s extremely offensive when foreigners are dealing drugs in their country. Tourists just having some small amount of drug for them selves hardly get bothered. 

According to this account he wasn't. They were found in his girlfriends apartment. Not his. 

[slipperylobster]

2 minutes ago, Bluespunk said:

According to this account he wasn't. They were found in his girlfriends apartment. Not his. 

 

Knew of some street girls that would plant drugs and call the police for a bust...hoping to share in the profits. Let me just say, in my younger days, a girl I lived with (20 years ago) wanted to do this to another foreigner. I told the guy to get out of town quick.  It had something to do with her sister (the guy dated).  Not out of the question. The man got out, with his wallet and freedom...I broke off that relationship quickly.  

 

Phil. is not much different than here, and I would consider that possibility.

 

 

[ScotBkk]

Life Sentence 

I think the poor guys been tucked up with Thai enforcement given that in our civilised world know this wouldn't and couldn't happen with this piss poor evidence. 

 

Its the usual travesty of Thai justice and about time they proved to us westerners times are a changin' 

[Briggsy]

I am not sure if having a farang lawyer is such a smart move. Two years in, it doesn't seem to have yielded positive results.

[maoro2013]

5 hours ago, halloween said:

Perhaps you should chill a little and try to understand the Thai law concept of simple possession. 

Not a Thai lawyer, but as I understand it if the pills had been taken out of the back-pack they are in joint possession. Having established that possession, if the g/f was not present and claims she had no knowledge, she walks. 

I know of a case where 8 people in a ute were charged with possession of a bag that none refused to admit owning. 12 years each.

So they all refused to say they did not own the bag, crazy stuff. How can anyone have been convicted in a proper court? This reference just lays the blame on everyone and everyone nearby gets nailed, guilty or not.

[Dogmatix]

The facts of the case aren't really clear enough to say whether Mastroianni's conviction was sound or not.  Admittedly it sounds dubious and the sentence is outrageous whether he was guilty or not.  This was in fact their appeal.  So they have to decide whether to appeal to the Supreme Court or not.  

 

Anyway Mastrioanni is possibly in a better position than Whitmore despite getting a heavier sentence.  If he gets transferred to Australia, he will be automatically released after a few months, in line with their policy, in common with most Western governemnts, to release exchanged prisoners from third world countries with what they regard as absurd sentences, regardless of treaty obligations.  Whitmore will not be so lucky if he is transferred to the UK, as the British authorities will stick to the letter of the treaty with Thailand and make him serve at His Majesty's pleasure, keeping him in jug until they get a release order from the Thai Corrections Department, if they still remember he is their prisoner.

Edited September 9, 2016 by Dogmatix

[Doc46]

Well it looks like he was to close to the shit and he got some shit on him,,,,maybe he should have be more careful as to whom he associating with,,,,and maybe he was into the shit,,,,,cheap lawyer   over his head in the shit /jail,,,,

[PattayaBoy]

thai dont get that kind of sentences for meth/yaba, just few years (4) out in 2

[TheFishman1]

Only country where there two prices Thai price foreigners price Two laws also

[PattayaBoy]

https://www.facebook.com/groups/1413242655648889/?fref=ts

[The manic]

The war on drugs is a war on the people. The execution of said war is an indicator of the moral bankruptcy of the nation.  It is used to empower the mafia and the police. Look at the UK where the filth at the Notting Hill Gate carnival were causing near riots by busting people for dope and laughing gas. Al drugs, by and large are less harmful than surfing or cycling.  All drugs do less harm to the individual than the legal process that enforces these corrupt backward laws.

[PattayaBoy]

bit of a photos of him http://www.dailymail.co.uk/news/article-3779481/Australian-DJ-Jake-Mastroianni-s-fall-nightclub-king-double-life-sentence-Thailand-s-Klong-Prem-prison.html?ito=social-facebook_Australia

[FitnessHealthTravel]

Make enough noise on Social Media about Social Injustice and watch them move. It is unfortunate that my Government (Australia) is so freakin lame. It has to be driven by the people to get anything done there.

[Don Mega]

1 hour ago, Briggsy said:

I am not sure if having a farang lawyer is such a smart move. Two years in, it doesn't seem to have yielded positive results.

I thought farang's could not practice law here

[halloween]

1 hour ago, maoro2013 said:

So they all refused to say they did not own the bag, crazy stuff. How can anyone have been convicted in a proper court? This reference just lays the blame on everyone and everyone nearby gets nailed, guilty or not.

 

No, all 8 claimed the bag was not theirs, so the judge applied simple possession, and laid it on all of them. Except the driver (body #9) who the police never charged. My SIL served 9+ years, BIL 10+ as all royal pardons during that period excluded drug convictions.

This happened before I met my wife, but when I found out (after I was married, the wife was ashamed of the situation), I talked to a lawyer with the intent of perhaps improving their situation. Not a chance, too far in. He explained simple possession to me.

In most jurisdictions, if you are offered a bag of weed and take it your hand to inspect quality, you are not in possession until you pay for it. Here you are gone as soon as you hold it.

[halloween]

12 minutes ago, FitnessHealthTravel said:

Make enough noise on Social Media about Social Injustice and watch them move. It is unfortunate that my Government (Australia) is so freakin lame. It has to be driven by the people to get anything done there.

Yeah right. Oz is going to tell other countries to change their drug laws. Indonesia is top of the list.