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Justice For Sale, Freedom For A Fee


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#51 mark2552

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Posted 2010-09-06 06:19:52

After living in Thailand for 10 years I am hardly suprised by this news.... It is the rule rather than the exception.. It is hard to imagine anyone being surprised by it.. It is business as usual

#52 siampolee

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Posted 2010-09-06 06:22:12

Same the world over one gets the justice one can afford, sad to see that a judge can be bought it seems.

#53 NanLaew

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Posted 2010-09-06 06:22:38

View Postjimithai, on 2010-09-05 20:57:21, said:

well - I am not new to Thailand - but I am enraged - for one that sort of news is why many people across the world consider Thailand  to be a cesspool of filthy perverted people living here

If the Thais would change that image by prosecuting the people  and judges involved - it would be a good start to acceptance

for now - when I say where I live - everyone relates Thailand to sex industry and sex tourists
Stop beating about the bush. Why are YOU here?

This place isn't going to change anytime soon and certainly not because a small group of foreigners are offended that they have taken up residence next to a whorehouse. Maybe some more research would have prevented this assault on their high morals?

#54 electau

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Posted 2010-09-06 06:29:46

The lawyer requested bail for the 11th time and the requirements for his bail met the criteria.

Naturally fees and charges are paid to the lawyers representing him. The Judge made his decision. There is no proof that any "facilitation fees" were paid to anyone.

He is now out on bail. If his passport was returned he could leave the country, he would lose his bail money.

If he stays in Thailand he will still have to face court. He has a way out.

 



#55 Acharn

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Posted 2010-09-06 07:17:06

View Postjimithai, on 2010-09-05 20:42:36, said:

I am not a seasoned member here - but if I may - I thought that some civility was here - no hang-em-high - all that - but nothing in this is factual if you have to use alias' - and if this pervert has been indicted before and has a past news piece - then why all the clandestine wording

if there are corrupt judges and this guy has committed a crime and not punished - then the world needs to know the facts and show to the world what the Thai justice system is all about - expose them for what they are
Well, the law concerning "contempt of court" is very severe in Thailand, as is the law on defamation. I am not a lawyer, but from what I understand "contempt of court" is pretty much anything that offends a judge. This is one reason why, once a case has entered the court system, the newspapers stop printing anything about it until the verdict is handed down. Moreover, I don't thing the truth of the offending statement is any defense in the case of "contempt of court." Like the lese majeste law, and unlike libel or defamation law, it doesn't matter if what you've written is true. Actually, I suspect that if what you wrote is true you'll be punished worse. Kind of like the situation in France a hundred years ago with the Dreyfus case -- the "honor" of the French Army was at stake, so it was terrible to point out they were lying, corrupt, hypocrites.

#56 otherstuff1957

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Posted 2010-09-06 07:24:25

This story about corruption and bribery concerns a Farang criminal.  I wonder if there are any similar stories about Thai politicians or businesspeople?  :whistling:

Of course, publishing a story like this about a Thai politician or businessperson would probably be bad for the reporters health.

#57 brahmburgers

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Posted 2010-09-06 07:25:03

I read the whole article. First off, I commend Ms Warina for having the courage and smarts to investigate/write it, and Pattaya Daily News for having the courage to publish it.  Amaaaaayzzzzzzzing! Along with the cigarette butt fake cop extortionists in downtown Bkk, we'd like to see more of these types of investigative reporting.  Especially if they're good quality with photos (as those two reports are) - but most of all .....WE'D LIKE TO SEE THE CHEATS GETTING BUSTED.  

Ok, it's bad enough that alleged pedophiles are skipping out the back door of the jail, but let's see the corrupt Thai authorities get busted. They must have been doing such corrupt practices for months/years!  It's only in such rare articles that some evidence comes forth. If the bribes amount to tens of millions of baht, then too, the fines should be commensurate .....plus long hard jail time (but it can't happen here in Thailand).

I feel sorry for the chap who blew the whistle - and who's biz was subsequently destroyed by vindictive authorities. He became concerned initially, because of a broken heart/jealousy. He later spilled the beans on the whole mess because he and his business was being hounded and harassed.  

Weird twist, but if the corrupt woman lawyer and the corrupt judge had just done their sexual escapades behind closed doors (in the judge's chamber, perchance?), then none of the revelations would have come forth.

For a parody of a corrupt Thai lawyer speaking with Thaksin (about allowing him and his family to go the the Beijing Olympics), go here and scroll down to the first brief chapter.

#58 SiriusBlack1

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Posted 2010-09-06 07:47:55

In Kazakhstan, allegations of corruption in the judiciary are frequently heard but it is illegal to talk of such things while in Kazakhstan. When supporters of anti-government protesters in Kazakhstan try to talk about such things online, they are banned from doing so, which hobbles their ability make their case for supporting the protesters, for example on online forums. About Kazakhstan.

Sorry for the change of subject.

#59 M71

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Posted 2010-09-06 07:50:18

If anyone here really believes the Thai court system is any more corrupt than the US, Australian, UK, German etc court systems then you have a fundamental misunderstanding of reality in this area.

The court system corruption in Thailand is simply more open and accessible.

#60 maxman71

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Posted 2010-09-06 08:05:18

This is nothing new. Many SE Asian countries' judges are for sale, as well as a good handful of western ones. The question I have is, will they soon offer some sort of incentive "package deals" i.e. "2 for 1" packages, discount coupons, ability to use foreign credit cards, etc??? If you're gonna accept payola, do it right!

#61 maxman71

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Posted 2010-09-06 08:14:04

View PostNanLaew, on 2010-09-06 06:22:38, said:

View Postjimithai, on 2010-09-05 20:57:21, said:

well - I am not new to Thailand - but I am enraged - for one that sort of news is why many people across the world consider Thailand  to be a cesspool of filthy perverted people living here

If the Thais would change that image by prosecuting the people  and judges involved - it would be a good start to acceptance

for now - when I say where I live - everyone relates Thailand to sex industry and sex tourists
Stop beating about the bush. Why are YOU here?

This place isn't going to change anytime soon and certainly not because a small group of foreigners are offended that they have taken up residence next to a whorehouse. Maybe some more research would have prevented this assault on their high morals?
Oh, I have been living here for 5+ years and before that Taiwan for nearly 3 years and have travelled/worked all over Asia and points beyond. If you're out looking for tawdry nitelife, it is everywhere; not just Thailand. When I hear this crap from westerners when I go back to visit my home country, and they (mostly women)nag and poke derogatory remarks towards Thailand and me personally, I remind them of the following:
What is available in Thailand is generally available in places like SF, London, NY, LA, Amsterdam, New Orleans, and a host of other western cities. The difference is, Thai women tend to be more upfront about it. And as far as Thailand having more than its' share of "pay for play" females, it's no different with most western women, and again, the difference is Thai women are more upfront about it. I further inform western women who make negative comments about the "flexible morals" of Thai women, that they should book a trip here and take some "Charm School" lesson from their Thai female counterparts. That usually shuts them up.

#62 PattayaParent

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Posted 2010-09-06 08:23:42

View PostSiripon, on 2010-09-05 20:46:49, said:

One of my nephews studying law told me that the student who scores the highest score in the finals remains the senior judge of his year for life.
He will automatically become President of the Court in later years, one reason for this is to prevent jockeying and possible financial incentives for positions.

So who do I pay to ensure I get the highest score in the finals?

#63 electau

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Posted 2010-09-06 08:29:32

View PostM71, on 2010-09-06 07:50:18, said:

If anyone here really believes the Thai court system is any more corrupt than the US, Australian, UK, German etc court systems then you have a fundamental misunderstanding of reality in this area.

The court system corruption in Thailand is simply more open and accessible.

With a common law system as in the Uk, Australia, and New Zealand in criminal cases there is a jury, a prosecution and defense, strict laws on a person committing perjury. The judge takes no actual part in the case. Witnesses are cross examined. The media may be restricted in what they can report by the contempt of court laws. The system is adversarial.

This is not so where there is a civil codefied legal system ( no jury system) as in Thailand and eg, in Indonesia where negotiations can be carried out before the case comes to court between the parties involved.

In this case the system is inquisitorial. The judge takes a direct part in the proceedings.

Thus a judge could possibly be influenced.



#64 Daewoo

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Posted 2010-09-06 08:49:41

The Australian Police & Judicial System probably only moved away from widespread corruption in the 90s (Wood Royal Commision 1995, Fitzgerald Inquiry 1989).

To think that the Thai system, in an environment with much greater class divide, less oversight, and a weak  Fourth Estate (Media), is any less than 20 years behind doesn't pass the sanity test.

That said, gross miscarriages of justice continue today in Australia and US (small case about a black athlete, killing two people, dramatic car chase on live TV, not-guilty verdict).

There are some very well educated and well intentioned people in Thailand, who do love the country, and who work every day for the benefit of the country.  I would hope that many of then are in the judiciary.  Just a shame that politicians don't have to be smart and work hard to get their jobs (but ain't that the same the world over).

Cheers,
Daewoo





#65 mstribling

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Posted 2010-09-06 08:56:23

Exactly. Some people are so naive.

View Postdamian5000, on 2010-09-05 21:03:33, said:

Corruption is in every court and legal system all around the world.  What do you think happens to a guy from the streets of harlem with a public defender vs. a white yuppie with a high dollar attorney who lives in uptown Manhattan given the same crime.




#66 assayer

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Posted 2010-09-06 09:01:46

View Postjimithai, on 2010-09-05 20:42:36, said:

I am not a seasoned member here - but if I may - I thought that some civility was here - no hang-em-high - all that - but nothing in this is factual if you have to use alias' - and if this pervert has been indicted before and has a past news piece - then why all the clandestine wording

if there are corrupt judges and this guy has committed a crime and not punished - then the world needs to know the facts and show to the world what the Thai justice system is all about - expose them for what they are

It seems that the police need to start a new investigation of the involved parties here. From the attorneys to the judge.

#67 electau

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Posted 2010-09-06 09:08:24

View PostDaewoo, on 2010-09-06 08:49:41, said:

The Australian Police & Judicial System probably only moved away from widespread corruption in the 90s (Wood Royal Commision 1995, Fitzgerald Inquiry 1989).

To think that the Thai system, in an environment with much greater class divide, less oversight, and a weak  Fourth Estate (Media), is any less than 20 years behind doesn't pass the sanity test.

That said, gross miscarriages of justice continue today in Australia and US (small case about a black athlete, killing two people, dramatic car chase on live TV, not-guilty verdict).

There are some very well educated and well intentioned people in Thailand, who do love the country, and who work every day for the benefit of the country.  I would hope that many of then are in the judiciary.  Just a shame that politicians don't have to be smart and work hard to get their jobs (but ain't that the same the world over).

Cheers,
Daewoo

There are always elements of corruption in the police in Australia. They are exagerated by the media. It does not affect the normal man in the street.

But the legal system is not corrupt in Australia. Yes, there has been a few miscarriages of justice but a court (jury) can only make a judgement based on the evidence before it at the time, failure to produce evidence does not indicate corruption. We have an appeals process.juries can be dismissed and a retrial can be instigated in some cases.

We have numerous checks and balances in our system.

 






#68 Buchholz

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Posted 2010-09-06 09:16:35

View Posttomyummer, on 2010-09-06 00:23:51, said:

Just a question.  Like in the U.S., is there a bar association for lawyers here? Uhh, no, not that type of 'bar'.  You know, to be a respectable lawyer (crap, did I just say that?). Really though, is there a regulating board for lawyers?

There is:

Thailand Bar Association
6 Na Hub Puell Road, Bangkok, 10200, Thailand

but apparently it's not so easy for an attorney to be disbarred here. The lawyer responsible for the pastry box bribery in one of the cases involving Thaksin was not disbarred, despite his conviction and prison sentence in that case.

He's still representing Thaksin.

#69 hjvdhoef

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Posted 2010-09-06 09:47:45

View Postbhakta, on 2010-09-05 21:07:32, said:

Of course the chance to have a corrupt judge is possible anywhere. I have seen some strange decisions during my 26 years here, but I have not heard any lawyer ever hint that a judge was for sale. If this is true, it is too sad, as society must have some faith that at least a judge will be impartial and not for sale.
At least anywhere else,you can talk or write about it.




#70 Deeral

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Posted 2010-09-06 09:58:52

View PostM71, on 2010-09-06 07:50:18, said:

If anyone here really believes the Thai court system is any more corrupt than the US, Australian, UK, German etc court systems then you have a fundamental misunderstanding of reality in this area.

The court system corruption in Thailand is simply more open and accessible.

I've seen some rubbish posted on this site in my time.............

#71 Deeral

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Posted 2010-09-06 09:59:58

View Postassayer, on 2010-09-06 09:01:46, said:

View Postjimithai, on 2010-09-05 20:42:36, said:

I am not a seasoned member here - but if I may - I thought that some civility was here - no hang-em-high - all that - but nothing in this is factual if you have to use alias' - and if this pervert has been indicted before and has a past news piece - then why all the clandestine wording

if there are corrupt judges and this guy has committed a crime and not punished - then the world needs to know the facts and show to the world what the Thai justice system is all about - expose them for what they are

It seems that the police need to start a new investigation of the involved parties here. From the attorneys to the judge.

The police? - ah now there's an institution free of corruption!

#72 hungryhippo

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Posted 2010-09-06 10:02:58

Is there a reason for posting people's passport and ID numbers or is Warina doing it in an attempt to ruin these people's lives? How about we find out her ID card number, lots of personal information about her and post it all over the internet? Would she like that?


There's a line and she has definitely crossed it. This isn't news, it's an attempt at lynching, "here's their personal information, go get them". I don't see how it's any different from the high them high posts that are banned on these forums.

Edit: I noticed she also posted people's home addresses, is the point that we're suppose to go there are hurt these people or something? What's the point of posting this information?

Edited by hungryhippo, 2010-09-06 10:12:13.


#73 DerringDo

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Posted 2010-09-06 10:12:51

I just clicked the link in the OP for the rest of the story and it's not displaying. Is it still there for anyone else?

#74 Samuian

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Posted 2010-09-06 10:27:41

Nothing new, it's simply how it is, that's the way it is, it isn't important what one knows, but whom one knows...remember f.E. Duangchalerm and Wanchalerm, anyone?

#75 Deeral

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Posted 2010-09-06 10:39:39

It appears that many foreigners seriously underestimate the extent of corruption, graft and nepotism throughout Thai society, especially in political, legal. etc



 


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