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Italian expat faces recklessness causing death charge over fatal boat collision

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21 minutes ago, sambum said:

S__4415496.jpg

 

 

To be honest, the "kolae" looks substantially different to the "prowed" boat in the picture above. I would also suggest that the kolae looks more like a craft that would be used in forest rivers collecting firewood rather than at sea collecting the oceans' bounty!

 

And I only put in the photos and narrative re the "dragon boats" to let you know that I have been to other parts of Thailand rather than just the "tourist traps" However, as I have only been to the South of Thailand once on a visa run, and am in no hurry to get back, that would possibly explain why I have never seen a kolae! 

 

And to save you the trouble of further explanation of maritime facts and fiction (e.g. the difference between a boat and a ship etc) I suggest that this discussion has run its course (in much the same way as a young man was found dead in his car on Koh Samui, and there were more posts arguing what type of car he was in than the reasons for his death!), so let's get back on topic, and RIP to the old man - regardless of whose fault it was, at that age he didn't deserve to go that way.

 

 

Both the same category of boat, and by the way, that is the sea, you can tell by the type of tree, which only grow in salt waters.

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12 minutes ago, mogandave said:

 


So you always wanted a boat and could never afford one?

 

 

Desperate much?

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On 5/9/2019 at 9:26 PM, madmen said:

What instruments will detect a wooden boat and send out a screaming alarm ? you cant be serious there is no such thing or the mega ships would be using them instead of running over small boats in shipping lanes

Do you think that the Thai fisherman had a megaphone or loudspeakers and a mike on his longtail boat?

 

   

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23 minutes ago, Benroon said:

Right ok so I've asked you twice for a scenario where the little wooden rowing boat could be to blame - have I missed the reply?

 

Or just perhaps he had a power breakfast that morning, guzzled a few protein shakes down and in a fit of pique rowed his little wooden boat with such ferocity into a reinforced fibre glass power boat that he died of the injuries ?

 

Over to you detective

I am not sure about what maritime law says, but the only case the little boat could be at fault, is IF the accident happened in the night... And there was not any light on the small boat.

Edited by mauGR1
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2 hours ago, mogandave said:

 


Methinks dude could use a little break...

 

 

Go for it if it stops you persisting for a moment frkm attacking people in these most inane ways.

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8 hours ago, 5633572526 said:

A small wooden boat sitting low in the water would probably not show up on radar if that is the instrument you are referring to. 

It should, but there must be a law where the Captain of the bigger boat must visually check for any vehicles in front of him. We're in the 21st century and radars these days are pretty good. But only if you look at them. 

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2 hours ago, Benroon said:

Right ok so I've asked you twice for a scenario where the little wooden rowing boat could be to blame - have I missed the reply?

 

Or just perhaps he had a power breakfast that morning, guzzled a few protein shakes down and in a fit of pique rowed his little wooden boat with such ferocity into a reinforced fibre glass power boat that he died of the injuries ?

 

Over to you detective

 

I've never said or suggested the Thai guy was to blame, although since we have zero details on how the crash actually happened, I'm not making any presumptions one way or another.

 

However, even assuming the Thai guy was totally blameless, that doesn't automatically translate into the farang guy being "recklessly responsible" for the death.  Whether the farang guy was "recklessly responsible" would depend on the details of just how the crash occurred, which for now remain undisclosed.

 

Edited by TallGuyJohninBKK
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16 minutes ago, TallGuyJohninBKK said:

 

I've never said or suggested the Thai guy was to blame, although since we have zero details on how the crash actually happened, I'm not making any presumptions one way or another.

 

However, even assuming the Thai guy was totally blameless, that doesn't automatically translate into the farang guy being "recklessly responsible" for the death.  Whether the farang guy was "recklessly responsible" would depend on the details of just how the crash occurred, which for now remain undisclosed.

 

 

Actually I think we know enough.  He ran over a boat crossing his path from the starboard side, that is a breach of maritime law, which states that the boat approaching on the right must maintain its course and speed while the other boat must yield.  To not obey that rule would be reckless operation of a boat, to cause an accident while not obeying that rule would be reckless endangerment of life.

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6 minutes ago, Kieran00001 said:

 

Actually I think we know enough.  He ran over a boat crossing his path from the starboard side, that is a breach of maritime law, which states that the boat approaching on the right must maintain its course and speed while the other boat must yield.  To not obey that rule would be reckless operation of a boat, to cause an accident while not obeying that rule would be reckless endangerment of life.

 

What's your source for that account? Also, in your description above, you're assuming the farang guy was in control of his boat at the time, which may or may not have been the case.

 

Meanwhile, the farang guy isn't facing any charges under maritime law... He's facing criminal charge(s) under Thai criminal law, which I'm pretty sure has its own definition or context for what constitutes "reckless" that probably doesn't hinge on right vs left.

 

Edited by TallGuyJohninBKK
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3 hours ago, Benroon said:

yep because civilization can't move forward until we've found a radar that can detect a wooden boat (facepalm)

 

For accuracy, in this rather sad materialistic world the guy who finds the 'cure' to baldness will be that richest man on earth !

 

We found it about 40 years ago anyway, they've got radar that can detect a log. 

 

As for the baldness cure, there is a product that will make your hair grow, just no guarantee that it will be on your head, for some its the back of the hands that grow the most, for others its rhe shoulders does that count?

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2 minutes ago, TallGuyJohninBKK said:

 

And what's your source for that account?

 

Just the damage on the port side, how else could it have happened other than he was crossing from the starboard?

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10 minutes ago, Kieran00001 said:

 

Just the damage on the port side, how else could it have happened other than he was crossing from the starboard?

 Neither of us know exactly how it happened. That's been my point all along. You're making assumptions without having all the pertinent facts.

 

For me, I'd like to wait and see what the official investigation concludes before presuming anyone guilty.

 

Meanwhile, I found it intriguing that the police released the farang boat guy on bail...all the while saying he was facing a reckless death charge. That's more than a bit unusual IMHO, especially because the police seem to generally fear that farangs facing criminal charges will flee if given the opportunity...

 

Unless, the whole point of the exercise was not to prosecute a criminal case, but instead, to promote the resolution of a financial payout to the family of the deceased.  That also might explain the total absence of any details or description of how/where/when the crash occurred in the police's public statements thus far.

 

The Thai authorities don't have any problem keeping the 70 year old Italian fishermen locked up without bail... all for supposedly illegal fishing. But the boat guy is involved in a collision in which another person dies, and he's released on bail... Go figure.

 

https://www.thephuketnews.com/italian-men-both-70-still-behind-bars-pending-trial-for-fishing-in-national-park-71346.php#MstUmfvg8DVI6g8x.97

 

Edited by TallGuyJohninBKK

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Here's a similar rowboat.  They do sit pretty low in the water. 

 

image.jpeg.61e4158b067f3aaae21f3a03030fd29a.jpeg

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 Neither of us know exactly how it happened. That's been my point all along. You're making assumptions without having all the pertinent facts.
 
For me, I'd like to wait and see what the official investigation concludes before presuming anyone guilty.
 
Meanwhile, I found it intriguing that the police released the farang boat guy on bail...all the while saying he was facing a reckless death charge. That's more than a bit unusual IMHO, especially because the police seem to generally fear that farangs facing criminal charges will flee if given the opportunity...
 
Unless, the whole point of the exercise was not to prosecute a criminal case, but instead, to promote the resolution of a financial payout to the family of the deceased.  That also might explain the total absence of any details or description of how/where/when the crash occurred in the police's public statements thus far.
 
The Thai authorities don't have any problem keeping the 70 year old Italian fishermen locked up without bail... all for supposedly illegal fishing. But the boat guy is involved in a collision in which another person dies, and he's released on bail... Go figure.
 
https://www.thephuketnews.com/italian-men-both-70-still-behind-bars-pending-trial-for-fishing-in-national-park-71346.php#MstUmfvg8DVI6g8x.97
 


We really have no way of knowing the Italian was/is a fisherman do we? As far as l know, those jobs and businesses are protected.

Should we not wait to see what the official investigation concludes, rather making presumptions?

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