Ayutthaya car crash trial postponed as Jenphop testimony postponed again

[webfact]

Trial postponed as Jenphop testimony postponed again

By Teeranai Charuvastra, Staff Reporter

 

  

From left, the mother and sister of Thantaphat Horsaengchai leave the court on Tuesday with their attorneys, at right, in Ayutthaya.

 

AYUTTHAYA — For a second time, the suspect in a fatal wreck that killed two students last year was unable to take the stand Tuesday because of an unresolved dispute over financial restitution to one of the victim’s families.

 

Jenphop Viraporn, 39, was due to give his testimony Tuesday in an Ayutthaya court about the events that led to him crashing his Mercedes-Benz into another vehicle in March 2016, killing graduate students Krissana Thaworn and Thantaphat Horsaengchai. His parents and former lawyer were also set to testify on his behalf.

 

Full story: http://www.khaosodenglish.com/news/crimecourtscalamity/courts/2017/05/09/trial-postponed-jenphop-testimony-postponed/

 

-- © Copyright Khaosod English 2017-05-09

[Wiggy]

This is starting to sound all too familiar. 

[Pattaya28]

1 of the families is holding out for maximum pay-off. Good for them.

And the killer is trying to squeeze the payment down. 

Hope they achieve it.

[snoop1130]

Jenpop’s case involving fatal Ayutthaya crash postponed

By The Nation

 

 

Ayutthaya Court has postponed the final session in the case in which wealthy businessman Jenphop Viraporn is accused of ramming his Mercedes-Benz into the back of a car in Ayutthaya’s Bang Pa-in district, killing graduate students Krissana Thaworn and Thantaphat Horsaengchai on March 13, 2016.

 

Jenpop, his lawyer and relatives of the two deceased students attended the five-hour session on Tuesday, which was supposed to be the final day of the trial. The court then postponed the session to May 19 so the rest of testimony could be heard.

 

Jenpop was indicted on seven charges including reckless driving causing death and property damage; speeding; driving under the influence of alcohol or other substances resulting in death; driving without regard for others; and failing to comply with an officer’s request to undergo tests without a reason. He has pleaded guilty only to the reckless driving and speeding charges, said lawyer Wichien Chupthaisong, who is representing the Horsaengchai family.

 

Krissana’s family has already agreed to accept compensation, while the family of Thantaphat agreed to an undisclosed compensation amount on Tuesday morning.

 

The case received public attention partly because video clips of the accident went viral on social media, with commentators criticising police’s initial failure to subject Jenpop to a sobriety test, resulting in some police involved in the case being transferred.

 

Source: http://www.nationmultimedia.com/news/national/30314739

 

-- © Copyright The Nation 2017-5-9

[Psimbo]

1 hour ago, Wiggy said:

This is starting to sound all too familiar. 

What? That the VICTIMS FAMILIES are the ones holding this back at present?

[WhizBang]

15 hours ago, Psimbo said:

What? That the VICTIMS FAMILIES are the ones holding this back at present?

 

Yes indeed.  Money is more important that justice.

[scorecard]

17 minutes ago, WhizBang said:

 

Yes indeed.  Money is more important that justice.

 

Suggest you read all the details before being so quick to throw in such comments. 

[wakeupplease]

Two cases running at once Um, to well off, Um but he did not do a redbull gives you wings job. Money talks here

 

UK, court in a month, death by dangerous driving charge, banged up for 10+ years. Then the compensation is sorted as doing it b4 sees corruption at play.

 

This is done this way to make sure justice is done for every road user.

 

Justice is that a word that does not translate to good in some countries and as for killing 10 in a mini van she would be gone to prison for life even if she had big big money, but hey community service is a joke and an insult to the country do they not see this when sentencing?

[Wiggy]

40 minutes ago, Psimbo said:

What? That the VICTIMS FAMILIES are the ones holding this back at present?

No need to shout.

Yes, as did the dead policeman's family by accepting money and signing that they would not press charges. Sound familiar now?

[wprime]

55 minutes ago, WhizBang said:

 

Yes indeed.  Money is more important that justice.

It's not like that, if they accept a settlement the court will see that restitution has been made and he'll get a off with a small fine. This is how the wealthy avoid jail time in Thailand.

 

The article is a bit misleading, the offender is delaying things because he wants to make sure that restitution is made before going to court in order for this to be considered in sentencing.

 

By refusing they make a chance of real justice and this guy will likely face jail time. Keep in mind that the amount of money he is offering will likely be well in excess of what will be awarded in a civil claim (he's basically buying his way out of jail rather than trying to help the victims) so they're sacrificing their own settlement in order to ensure justice is served - this is very unthai - Thai people are typically very pragmatic and will do what's best for them in the given situation rather than pursuing higher interests like fairness or justice.

 

[seajae]

pretty p*ss poor that the courts are refusing for the trial to go ahead until compensation amounts are decided, does this mean if they agree he gets off or can lie about it. His guilt has nothing to do with the money offered, he should be tried for what he did not on how much he is paying, pathetic form of justice but then money always seems to be at the centre of everything here

[wprime]

7 minutes ago, seajae said:

pretty p*ss poor that the courts are refusing for the trial to go ahead until compensation amounts are decided, does this mean if they agree he gets off or can lie about it. His guilt has nothing to do with the money offered, he should be tried for what he did not on how much he is paying, pathetic form of justice but then money always seems to be at the centre of everything here

He doesn't get off, he will still be convicted and sentenced, the court will consider his compensation and statements by the victims' families when deciding his sentence. This is just like in western legal systems.

 

The difference in Thailand is that the minimum sentence for negligence related offences generally doesn't include jail time and the fines are quite small (for a wealthy Thai).

[roo860]

He doesn't get off, he will still be convicted and sentenced, the court will consider his compensation and statements by the victims' families when deciding his sentence. This is just like in western legal systems.
 
The difference in Thailand is that the minimum sentence for negligence related offences generally doesn't include jail time and the fines are quite small (for a wealthy Thai).

Which western legal system?

Sent from my SM-G920F using Thailand Forum - Thaivisa mobile app

[Rhys]

...a cxxholster ten times over...

[sebastion]

He doesn't get off, he will still be convicted and sentenced, the court will consider his compensation and statements by the victims' families when deciding his sentence. This is just like in western legal systems.
 
The difference in Thailand is that the minimum sentence for negligence related offences generally doesn't include jail time and the fines are quite small (for a wealthy Thai).

A conviction means nothing here. It won't hinder his life like it would in a developed nation.
People will probably do more business with him because he has proven to have power and money to clear any mess away.



Sent from my EVA-L19 using Tapatalk

[wprime]

6 hours ago, roo860 said:

 

Which western legal system?

Sent from my SM-G920F using Thailand Forum - Thaivisa mobile app
 

 

Australia and the UK at least, others probably as well. Doing things like making voluntary restitution, showing respect at the victims funeral, personally apologising and trying to make things right are seen by courts as evidence of good character and admission of guilt which are factors considered in sentencing.

[Classic Ray]

2 hours ago, wprime said:

Australia and the UK at least, others probably as well. Doing things like making voluntary restitution, showing respect at the victims funeral, personally apologising and trying to make things right are seen by courts as evidence of good character and admission of guilt which are factors considered in sentencing.

In the UK , financial restitution is not usually made by individuals, but by the offender's insurance company. They will not usually make any payment until the conclusion of the criminal proceedings, sometimes not for years afterwards, especially if the effects of serious injuries (rather than death) are not fully realised. So criminal courts are not swayed by any restitution, only by contrition and admission by the offender. Here serious cases involving poor offenders are dealt with much more quickly than rich offenders. What does that tell you?

[wprime]

26 minutes ago, Classic Ray said:

In the UK , financial restitution is not usually made by individuals, but by the offender's insurance company. They will not usually make any payment until the conclusion of the criminal proceedings, sometimes not for years afterwards, especially if the effects of serious injuries (rather than death) are not fully realised. So criminal courts are not swayed by any restitution, only by contrition and admission by the offender. Here serious cases involving poor offenders are dealt with much more quickly than rich offenders. What does that tell you?

It's not usually made by individuals in Thailand either, these cases are 1 in 10,000.

 

They're not required to make any payments until the conclusion of civil proceedings which usually start after criminal proceedings, the payments here are voluntary and designed to show contrition and solicit co-operation from the victims in order to obtain a light sentence. 

[elgordo38]

17 hours ago, Pattaya28 said:

1 of the families is holding out for maximum pay-off. Good for them.

And the killer is trying to squeeze the payment down. 

Hope they achieve it.

Maybe going ahead with the trial would increase the size of the payment. If the payment is finally made does everyone walk away and call it a day??

[elgordo38]

3 hours ago, wprime said:

It's not usually made by individuals in Thailand either, these cases are 1 in 10,000.

 

They're not required to make any payments until the conclusion of civil proceedings which usually start after criminal proceedings, the payments here are voluntary and designed to show contrition and solicit co-operation from the victims in order to obtain a light sentence. 

Informative. In this case your dead and nothing but a bargaining chip. Strange to say the least. 

[elgordo38]

Unlike the Red Bull heir this guy does not seem on he same level. The Red Bull just says he is busy and will catch up with the system at a later date. 

[Chongalulu]

On 10/05/2017 at 5:18 AM, wprime said:

Australia and the UK at least, others probably as well. Doing things like making voluntary restitution, showing respect at the victims funeral, personally apologising and trying to make things right are seen by courts as evidence of good character and admission of guilt which are factors considered in sentencing.

I'm sorry,but that's just something you made up. Once a criminal conviction is obtained in the uk that hugely aids your claim for compensation as it proves guilt. That compensation will be determined by the insurers whose client will have no input.

[roo860]

Australia and the UK at least, others probably as well. Doing things like making voluntary restitution, showing respect at the victims funeral, personally apologising and trying to make things right are seen by courts as evidence of good character and admission of guilt which are factors considered in sentencing.

"Showing respect at the victims funeral, voluntary restitution "!!! If they even tried to turn up at the victims funeral the family would probably want to lynch them!!!

Sent from my SM-G920F using Thailand Forum - Thaivisa mobile app

[wprime]

14 hours ago, nchuckle said:

I'm sorry,but that's just something you made up. Once a criminal conviction is obtained in the uk that hugely aids your claim for compensation as it proves guilt. That compensation will be determined by the insurers whose client will have no input.

You're confusing civil claims and criminal cases.

[Chongalulu]

55 minutes ago, wprime said:

You're confusing civil claims and criminal cases.

The confusion is all yours. Insurers/claimants will await the results of a separate criminal prosecution as a guilty verdict will aid their civil claim. There will be no influence on the criminal prosecution based on any restitution from a civil claim.

[Rhys]

...out already driving again on the loose....PH.D students be on the alert...

[wprime]

28 minutes ago, nchuckle said:

The confusion is all yours. Insurers/claimants will await the results of a separate criminal prosecution as a guilty verdict will aid their civil claim. There will be no influence on the criminal prosecution based on any restitution from a civil claim.

As I stated, I'm not referring to any formal civil claims - if any are made these are usually made after. We're talking about the criminal case here and the effect acts of contrition and good character have on sentencing. This can sometimes include voluntary compensation (this is not the act of being ordered to make a payment by a civil court - something which seems to confound you - voluntary compensation is an entirely optional payment made by the offender to the victim to help ease suffering).