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Italian expat faces recklessness causing death charge over fatal boat collision

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You're not entitled to any. It's sub-judice. The court will be the first to hear the evidence and facts.

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3 minutes ago, Traubert said:

You're not entitled to any. It's sub-judice. The court will be the first to hear the evidence and facts.

 

If the police are going to seek a legal criminal charge against the guy, as they are doing, they have to have some basis for doing so. They can't just wake up in the morning and say, OK, we're going to charge this guy, even though we have no proof or evidence as yet to support the charge....

 

And if they have some evidence or proof, normally, that's going to be explained in the news reports where the police publicly announce they're seeking a criminal case...long before the case ever makes it to court where perhaps even more details will be hashed out.

 

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8 minutes ago, TallGuyJohninBKK said:

 

Except, I'm not one of the many here who seem to have already presumed the guy is guilty...

 

I'm one of the few asking... where's the proof, where's the evidence, where's the facts?

 

Unlike others here, I'd actually like to hear/know the results of the supposed investigation and its details, before presuming the guy guilty.

 

That's the job of the supposed news media here, if they were actually doing their job.

 

 

 

The investigation is on going, why would you expect the results already?

 

As for evidence, its very simple, he hit the boat on the starboard side, you really dont have to know much maritime law to know what that means and thus be able to presume his guilt.

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Just now, Kieran00001 said:

As for evidence, its very simple, he hit the boat on the starboard side,

 

Where has that detail been reported?

 

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19 hours ago, TallGuyJohninBKK said:

I don't see anything in the OP article in the way of facts or description that would give even the slightest clue of who was actually at fault in this boats collision. 

 

And yet, the surviving farang boat guy has been charged with recklessness causing death.  If his conduct really was reckless, how about some facts or evidence that actually supports that notion?

 

In the absence of that, it's just the all-to-commonplace "stick it to the farang" approach...because he/they have money to pay and this is our country, not theirs.

 

You seem not to know much about law. Particular marine law. 

1) if in an accident someone is killed, obviously the other party is brought to court. It is the responsibility of the court to decide if the other party is guilty ... not the responsibility of the investigating police officer

2) the victim was a fisher boat ... likely he did what fisher boats do: fishing

 

As an exercise to you I leave it to you to find out who had "the right of way."

 

Ah, and before you run all mad at me: it is your _funky_ responsibility to make sure you not injure or harm anyone, regardless of right if way or other regulations. The culprit above failed on that. 

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2 minutes ago, Enki said:

You seem not to know much about law. Particular marine law. 

1) if in an accident someone is killed, obviously the other party is brought to court. It is the responsibility of the court to decide if the other party is guilty ... not the responsibility of the investigating police officer

2) the victim was a fisher boat ... likely he did what fisher boats do: fishing

 

As an exercise to you I leave it to you to find out who had "the right of way."

 

Ah, and before you run all mad at me: it is your _funky_ responsibility to make sure you not injure or harm anyone, regardless of right if way or other regulations. The culprit above failed on that. 

 

What time of day or night did the collision occur? What was the visibility at the time?  If it was dark/night, did the two boats have lights?  Etc etc....

 

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6 minutes ago, TallGuyJohninBKK said:

 

Where has that detail been reported?

 

 

In the old news report.

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12 minutes ago, TallGuyJohninBKK said:

 

What time of day or night did the collision occur? What was the visibility at the time?  If it was dark/night, did the two boats have lights?  Etc etc....

 

 

It happened in the morning, it was reported at 10:30 am, visibility was fine, no need for lights.

 

Before asking aymore rubbish questions, have you considered reading the articles?

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17 minutes ago, Kieran00001 said:

 

It happened in the morning, it was reported at 10:30 am, visibility was fine, no need for lights.

 

Before asking aymore rubbish questions, have you considered reading the articles?

 

Both articles I've read here say it was reported at 10:30 am, but make absolutely no mention of how much earlier the collision had occurred.

 

If you have or have seen something more specific in terms of details, please post a link to it here....

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For those making assumptions here, think back to the recent case of the Thai B movie actress who was driving and hit and killed a police officer who was  sleeping in his car somewhere along the side of the road one night....

 

As best as I recall, she got off the criminal case almost entirely on the basis of temporarily going to a temple to be a nun for a brief time.

 

In these kinds of cases here in Thailand, the early lodging of a criminal charge often seems to be an incentive for the surviving party to reach a financial settlement with the deceased, regardless of the varying levels of fault that may be involved... Because the victim is dead, and someone needs to pay for it, since Thai society clearly won't. And  then the criminal case manages to disappear or get resolved with little penalty, other than the separate payouts having been made.

 

 

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i have always wondered about these longtail boats i am by no means a maritime expert but is this not a poorly designed boat for sea travel?  long, narrow and top heavy at the front?

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6 hours ago, thaibeachlovers said:

Maritime licence, LOL.

Since when was a licence required for cars, m'bikes or boats for a farang to hire in LOS?

At least you probably got the last sentence right.

No I think I got my facts straight, you get yours straight before posting drivel.

 

Let me enlighten you to the legal requirements that the Italian operator jopefully abided by.

 

To operate a Thai-registered vessel, a Thai boating licence is necessary. The following documents are required:

  • A passport
  • Letter of residency from the Immigration Bureau or the person's Embassy in Thailand
  • Medical certificate
  • All relevant licences and documentation showing foreign licences and experience (for example a seaman's book)

It may be possible to transfer a foreign sailing licence without sitting a test. All papers verifying past experience should be brought to the Harbour Office for consideration. If a test is necessary, some of the papers may be in English but it is advisable to bring a translator to the exam.

 

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2 hours ago, ttrd said:

If not they may use "the bigger boat shall give way for smaller ones principle" if the expat's boat is larger ...

 

Anyway, typical Thai way to come up With a spesific charge prior to the investigation is completed ...

 

Also strange that the expat has already covered the hospital bill and is in negotiation about a one time payment With the Family of the deceast - it therefore indicates a kind of admission - voluntary or otherwise ...

 

Anyway, a sad outcome ...

 

RIP

Agreed it is tragic. I'm not sure whether the Italian was trying to be morally responsible or felt culpable. Tough situation to find one self in

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2 hours ago, Benroon said:

Doesn't anyone need to be 'squeaky clean' to be innocent ? Else they're not innocent.

 

Excuse the pun but you need to stop rowing backwards - anyone who can't see the blatently obvious culprit on here is certifiably nuts !

 

All the anti thais - next time you have a car accident in which you are entirely blameless, how many of you will be leaping out of the car to offer the guilty party cash ? 

If the culprit is obvious then why is there an ongoing forensic investigation to determine who was at fault. Row your own boat backwards pal.

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8 hours ago, mogandave said:
19 hours ago, 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

 


Radar

 

Yes and no.  Radar can be grouped into three types - 

  1. Navigational
  2. Search
  3. Attack

Shipping generally uses only the first category, and that is designed to pick up large lumpy things called rocks or land, or large metallic objects called buoys or ships.  The wooden boat would not have provided a large radar signature due to its minimal height and size.

The speedboat bow impacted the port side near to the stern therefore the wooden boat had right of way, whether using an engine or oars and the collision can be blamed squarely on the speedboat.  In any event the speedboat had the speed and maneuverability to avoid a collision unless blind or totally reckless. 

There are the International Rules for the Prevention of Collision at Sea (catchily referred to as the IRPCS in nautical circles) which govern these matters.

From every collision at sea that I have personally responded to or investigated the circumstances and regulations would lay the blame on the speedboat driver in this case.

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