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BANGKOK 19 June 2019 05:48
snoop1130

Italian expat faces recklessness causing death charge over fatal boat collision

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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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1 hour ago, GAZZPA said:

There won't be any concrete evidence, he is a foreigner in Thailand, thats enough. Where are the charges bought against the boat operators of all the accidents over the past few years? won't happen, be swept under the carpet and played down as it could "affect"  tourism. i would think all sensible foreigners know this to be true by now right? dont care if people call me a thai basher, its not the case. Those people are just pathetically turning a blind eye, ignoring very obvious facts to kid themselves their decision to invest here was the right one. Anyway, I hope "true" justice is served in this case but I fear the Italian is for the chop no matter, or the very least seriously out of pocket as he pays the family.

wow - some idiots incompetence causes the death of an old boy out to catch his lunch and your sympathies lie with the bank balance of the idiot - nice !

 

(btw the price for this manslaughter is around £35k - I would say that's a let off ! I certainly wouldn't be arguing about it with that on my chargesheet)

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1 hour ago, sambum said:

A longtail isn't usually an "oared rowing boat" - they usually have an engine that propels (pardon the pun) them along at a few more knots (2 to 3 mph) than you suggest. And how do you know how big the boat was that he collided with? ("heavy motorised boat"?) 

 

And I'm not taking sides on this, because I (or you) don't know the full details, but the Thai man was 74 years old and maybe his reactions weren't as quick as a younger man's would have been. 

errrrrr via the pictures ?

 

Those things hanging over the sides - they're called oars - they're even still in place, If they weren't being used they would have been laying down inside the boat.

 

You will also note the lack of engine at the other end.

 

Seriously has school finished early today or something ?

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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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43 minutes ago, TallGuyJohninBKK said:

 

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. 

 

haha this is just getting better and better …..

 

Lets start with dead person …..

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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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Posted (edited)
10 minutes ago, Benroon said:

haha this is just getting better and better …..

 

Lets start with dead person …..

 

Yes, let's start with a dead person.

 

So if your wife wakes up from bed some night while you're sleeping, goes out to the balcony and jumps to her death, are you automatically a murderer???  Just because she's dead and you're there?

 

In my book, the answer would be no... But perhaps your view is you would automatically be a murderer, just as you assume the farang boat guy is recklessly responsible for a death -- without absolutely no details of just how that death occurred and under what circumstances.

 

Just because the Thai guy is dead doesn't automatically mean the farang guy is recklessly responsible...  He may well be.... But I'd kinda like to see some proof or evidence first.

 

 

Edited by TallGuyJohninBKK
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42 minutes ago, Benroon said:

So the oars (still in situ) would be for ?????

If you really need to ask questions like this, I hope you never are at sea alone ...

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18 hours ago, TallGuyJohninBKK said:

Exactly my point... "Usually" ought not be the basis for bringing a criminal charge of causing death against someone

Then your point is rather unintelligent. Usually, you bring the one surviving an accident to court. At least that is how it is handled in a civilized world, No idea where you are from.

 

18 hours ago, TallGuyJohninBKK said:

If the police believe and are saying that the faster moving fishing boat plowed into the smaller, slower moving Thai boat, then they ought to say so... 

They probably did. Or the culprit would not be brought to court, facepalm.

 

18 hours ago, TallGuyJohninBKK said:

Where was the damage to the motored fishing boat... on the front end... on the side... from the articles, there seems to be no mention.

You can see the picture like everyone else can. The culprit ran his boat over the victims boat. 

 

19 hours ago, TallGuyJohninBKK said:

But if he's guilty, at least give me something to hang that allegation on...

Why? You are reading a newspaper article on Thaivisa.com, that has a link to the more or less original newspaper article, which you obviously did not read ...

 

As long as you are not the lawyer of the culprit, why do you think you have special rights to get special information?

 

You are the one who started here with a thai hating sub thread ... stop continuing making an idiot out of yourself.

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2 minutes ago, Enki said:

Then your point is rather unintelligent. Usually, you bring the one surviving an accident to court. At least that is how it is handled in a civilized world, No idea where you are from.

 

They probably did. Or the culprit would not be brought to court, facepalm.

 

You can see the picture like everyone else can. The culprit ran his boat over the victims boat. 

 

Why? You are reading a newspaper article on Thaivisa.com, that has a link to the more or less original newspaper article, which you obviously did not read ...

 

As long as you are not the lawyer of the culprit, why do you think you have special rights to get special information?

 

You are the one who started here with a thai hating sub thread ... stop continuing making an idiot out of yourself.

 

Enki,     Did you get out of bed today on the wrong side?     

 

A little "slow down" might be in order.

 

 

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9 hours ago, mogandave said:

 


Radar

 

If you invent a radar that can detect a wooden boat, you will be the richest man on earth, and poured over with Nobel Prizes over your ears.

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