Family distraught after Supreme Court doubts evidence in bid for murder retrial by deaf mute

[snoop1130]

Family distraught after Supreme Court doubts evidence in bid for murder retrial by deaf mute

By The Nation

SING BURI

 

 

THE parents of Passakorn Sangkhee – a 29-year-old deaf and mute Bang Rachan man sentenced to 20 years jail almost a decade ago for a 2008 murder – broke down in tears after Sing Buri Provincial Court on Tuesday read the Supreme Court’s verdict to keep him in jail.

 

The court ruled that new evidence and witnesses gathered since the murder occurred over two years during which time they could have been fabricated. So, physical evidence presented in his bid for a retrial was not “credible”.

 

And new eyewitness testimony to Justice Ministry officials that clashed with testimony to police during the arrest of another suspect in this case, plus other witnesses presented were also not at the scene of the crime.

 

Hence, it was deemed that Passakorn had no new evidence that was sufficient to convince them he was innocent. Although the unnamed suspect later confessed to the murder, the court believed he was motivated by Justice Ministry officials and Passakorn’s family, plus lie-detector results used for the case could not provide a clear or accurate result.

 

So, the court dismissed the family’s request for a retrial and ordered that Passakorn, who had been released on bail pending the Supreme Court verdict after serving over five years behind bars, be returned to prison.

 

He will be sent to jail then he would be eligible to apply for a reduction available for those who have served a third of their sentence. Passakorn’s lawyer Khomhan Paisuwan said the fact that the unnamed suspect met Passakorn in jail convinced the court his client was not innocent.

 

The lawyer said he would soon apply for Passakorn’s jail term to be reduced, as he had served a third of sentence. Khomhan said Passakorn wished to prove his innocence and had used the right to apply for a criminal case retrial once, so he was proud that he had tried and would accept the court verdict. Passakorn’s parents Sonchai and Sanoh Sangkhee, who believed their son was innocent, had asked the Justice Ministry to help apply for a retrial.

 

They broke down in tears after the verdict was read. Relatives had to help them walk out of the court. His father Somchai tearfully said that no one had helped his innocent son, while his sobbing mother Sanoh later fell to her knees in front of the court staircase, lamenting “What would you do if it were your family member was sent to jail?” Sanoh said her hope for almost a decade to help her son had been crushed.

 

She said she would submit a petition to the King soon.

 

Source: http://www.nationmultimedia.com/news/national/30312028

 

-- © Copyright The Nation 2017-4-11

[darksidedog]

And that is the truth about the incompetent Thai Judicial system. Another man confesses to the deed, but the poor mute man still goes to jail.

Wouldn't have happened if the family were connected or wealthy. Disgraceful, but sadly also, business as usual.

[webfact]

Supreme Court dismisses confession, new evidence and upholds deaf mute man’s murder conviction
By JIRAMAN KHAMCHA,
KESINEE TAENGKHIEO
THE NATION
SING BURI

 

 

SING BURI: -- THE parents of Passakorn Sangkhee – a 29-year-old deaf and mute Bang Rachan man sentenced to 20 years in jail almost a decade ago for a 2008 murder – broke down in tears after the Sing Buri Provincial Court yesterday read the Supreme Court’s verdict to keep him in jail.

 

The court ruled that new evidence and witnesses were gathered more than two years after the crime, during which time the evidence could have been fabricated. Physical evidence presented in his bid for a retrial was not “credible”, the ruling stated.

 

New eyewitness testimony presented to Justice Ministry officials clashed with testimony given to police during the arrest of another suspect in the case, while other witnesses were not at the scene of the crime, the ruling stated. The court concluded that Passakorn did not have new evidence that was sufficient to prove his innocence. 

 

Although an unnamed suspect later confessed to the murder, the court stated he was motivated by Justice Ministry officials and Passakorn’s family, while lie-detector results did not provide clear or accurate results. 

 

The court dismissed the family’s request for a retrial and ordered that Passakorn, who had been released on bail pending the Supreme Court verdict after serving over five years behind bars, be returned to prison.

He will be sent to jail where he will be eligible to apply for a sentence reduction available for prisoners who have served a third of their sentence. 

 

Passakorn’s lawyer Khomhan Paisuwan said the fact that the unnamed suspect had met Passakorn in jail cast doubt on his client’s claim of innocence.

 

The lawyer said he would apply for Passakorn’s jail term to be reduced, as he had already served a third of his sentence. Khomhan said Passakorn wished to prove his innocence and had used the right to apply for a criminal case retrial, so he was proud that he had tried and would accept the court verdict.

 

Passakorn’s parents Somchai and Sanoh Sangkhee, who believe their son is innocent, had also asked the Justice Ministry to help apply for a retrial. They broke down in tears after the verdict was read and relatives had to help them walk out of the court. 

 

His father Somchai tearfully said that no one had helped his innocent son, while his sobbing mother Sanoh later fell to her knees in front of the court staircase. “What would you do if it were your family member who was sent to jail?” she asked.

 

Sanoh said her hopes to help her son had been crushed after almost a decade, adding that she would submit a petition to the King.

 

In Bangkok, Suebpong Sripongkul, a spokesman for the Courts of Justice, said that given the Supreme Court refusal to grant a retrial, Passakorn would have to complete his original 20-year jail term. He also said that earlier reports stating that the case was the first retrial under the Retrial of Criminal Cases Act 1983 were incorrect. He said there had been other petitions for retrials that the Supreme Court had also dismissed. 

 

A source said the Region 1 Appeals Court asked the Sing Buri Provincial Court to hold hearings on “new evidence” in Passakorn’s request for a retrial. Those hearings were held on February 12 and March 2 in 2015. The Sing Buri Court was ordered on May 29, 2015 to take up the retrial request in line with the 1983 Retrial Act. 

 

The provincial court’s findings and judges’ opinions were then submitted to the Supreme Court.

 

Source: http://www.nationmultimedia.com/news/national/30312075

 

-- © Copyright The Nation 2017-04-12

[elgordo38]

19 hours ago, snoop1130 said:

they could have been fabricated. So, physical evidence presented in his bid for a retrial was not “credible”.

Could have but we are not absolutely sure so stay in jail. 

[Srikcir]

Only the Thai government authorities are allowed credibility in presenting evidence to the courts. See the Koh Tao trials.

A defendant bears all the responsibility for proving innocence without having any protection against a biased, incompetent and/or politicized judicial system. The current Thai judicial system can never be a pillar of democracy.