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Krabi murder defendants claim US Embassy translator unfair


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Krabi murder defendants claim US Embassy translator unfair
Phuket Gazette

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The three musicians refused to allow a translator provided by the US Embassy in Bangkok take part in the proceedings. Photo: Gazette file

KRABI: The three Thai musicians charged with the murder of American tourist Bobby Ray Carter Jr in Krabi on July 31 have refused to have the translator provided by the US Embassy in Bangkok involved in the trial.

The lawyer representing the three defendants explained the complaint to the judge at Krabi Provincial Court on Tuesday, when defendants Sathid Somsa, 40, from Bangkok, and Nopanan Yoddecha, 26, from Krabi, were both arraigned.

The other defendant, Ratikorn Romin, 27, from Phang Nga, was arraigned on Monday.

The three men face charges for the stabbing murder of Mr Carter and for the assault of his son, Adam, 27, who was also stabbed in the fight outside the Little Longhorn Saloon in Ao Nang.

“All three suspects refused to allow the translator provided by the American Embassy to join the proceedings,” Krabi Provincial Police Deputy Commander Boontawee Toraksa told the Phuket Gazette today.

“They said it would be unfair, and insisted that they wanted to use the court translator,” Col Boontawee added.

The refusal to allow the US embassy-approved translator to be involved in the trial resulted in the postponement of the trial date being set.

“The court had to arrange a new translator, but as the arraignment was held late in the afternoon, the judge deferred the proceedings,” Col Boontawee explained.

“He has yet to set a date for the trial to begin,” he added.

Source: http://www.phuketgazette.net/phuket_news/2013/Krabi-murder-defendants-claim-US-Embassy-translator-unfair-21899.html

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-- Phuket Gazette 2013-08-09

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Not much different to jury selection in many western countries where both sides have veto powers over jury members in an effort to achieve an impartial/ sympathetic panel. Definitely agree that the embassy translator should remain in Court to ensure accuracy of translation and that the family of the deceased's interests are represented. Given that an embassy looks after its own citizens and that the accused have allegedly murdered an American, it would probably be a pretty pis.s poor lawyer who didn't object.

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Unfair? oh, about as unfair as killing someone and beating another? ... keep stretching it guys ,until time forgets it happened..poor form all round already....coffee1.gif

Edited by dudu
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Bad journalism. Embassy's don't provide translators 'for the benefit of the court'. If an independent translator attended their remit would have been to establish what had occurred during the hearing OR to act on behalf of the family. Given the low standard of accuracy from court appointed translators I suspect it was the latter.

Edited by evadgib
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Not much different to jury selection in many western countries where both sides have veto powers over jury members in an effort to achieve an impartial/ sympathetic panel. Definitely agree that the embassy translator should remain in Court to ensure accuracy of translation and that the family of the deceased's interests are represented. Given that an embassy looks after its own citizens and that the accused have allegedly murdered an American, it would probably be a pretty pis.s poor lawyer who didn't object.

This is also as much down to the US embassy. I am sure it is the same as here in Cambodia, where the US embassy insist on using a particular "approved" firm (also one of the most incompetent translation companies in Phnom Penh). However given the state of education and the level of English in Thailand it would seem prudent to have someone you trust, its just that being US embassy approved is no guarantee of being any good.

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I witnessed a dear friend who came to visit our family go through hell to prosecute the man who rapped her left her for dead on a beach. Same bullshit. The assailant, who was to be kept in jail until the trial, was "allowed" bail the day before the court date. He is still running free. I fear a similar story developing here, and there's only so much any Embassy can do in Thailand!

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“All three suspects refused to allow the translator provided by the American Embassy to join the proceedings,” Krabi Provincial Police Deputy Commander Boontawee Toraksa told the Phuket Gazette today.

“They said it would be unfair, and insisted that they wanted to use the court translator,” Col Boontawee added.

They probably consider it unfair if the victim would understand what is arranged there.

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I love how they can call the shots and the court agrees. Can you imagine the mirth in the courtroom if a Farang refused the court translator over an embassy one?

They obviously think an embassy translator would side with the American where a court translator would be a Thai and side with the Thais.

This means they are fully expecting to be shown favouritism in what is supposed to be an impartial and fair justice system. Goes to show eh?

To correct you, it is not expected to be fair and impartial. It is expected to show stark favoritism.

The crazy thing is that foreigners can serve time in their own countries for these monkey trials.

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Why is this not big news in the states? Im waiting for the US government to step in and put these punks in their place.

The US Embassy has no legal power of interference in criminal cases in Thailand. The Embassy will likely have an observer at the Court & if they have any concerns regarding the proceeding and sentencing they can only raise any such concerns through diplomatic pressure.

Edited by simple1
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I don't know how the courts operate in other parts of Thailand, but in the Krabi court this sort of action is quite usual, especially if it concerns a farang.I have known of instances in Krabi court were the lawyer representing a Thai defendant against a Farang, have openly stated in front of court officials and the state prosecutor,that the Farang will not receive justice, and nobody turned an eyelid.

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Not much different to jury selection in many western countries where both sides have veto powers over jury members in an effort to achieve an impartial/ sympathetic panel. Definitely agree that the embassy translator should remain in Court to ensure accuracy of translation and that the family of the deceased's interests are represented. Given that an embassy looks after its own citizens and that the accused have allegedly murdered an American, it would probably be a pretty pis.s poor lawyer who didn't object.

Quite a lot of difference I would say; juries decide guilt, translators translate!

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Defendants so far have requested a postponement to their trial (no reason provided), and now rejected a translator, to further postpone their trial. As another commentator mentioned: who is running the show here? Seems to me it is the defendants, with the court's complicity. Maybe they are really nice guys ...

Having said that, when the Aussie cowboys who shot the wrong tourist in broad daylight in Soi Sansabai, amongst crowds of people, were released from jail with a warning, I had to make the point that at least the Thai justice system is consistent.

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I hope the prosecution will have the embassy translator present to make sure the translation is fair.

Probably won't be allowed in court and they want the translator on their side during a self defence argument.

Defence council, I put it to you that your intentions were to kill my client.

Witness, That is not true we were attacked by the musicians as we were leaving.

Translator, Yes that is correct, we wanted to teach this scum thais a lesson and put them into their graves.

A little like the Thais that are wanted for murder in Australia. Thai courts ruled that they would not receive a fair trial in Aust and the Australian prisons are 3rd world standard and not fit to house people.

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I love how they can call the shots and the court agrees. Can you imagine the mirth in the courtroom if a Farang refused the court translator over an embassy one?

They obviously think an embassy translator would side with the American where a court translator would be a Thai and side with the Thais.

This means they are fully expecting to be shown favouritism in what is supposed to be an impartial and fair justice system. Goes to show eh?

"Can you imagine ..."

"They obviously think ..."

"This means they are fully expecting ..."

Wow. Why bother with a trial or evidence since you already know what they are thinking and expecting and what legal rights they should or should not be accorded.

The TV Kangaroo Court: Speedy and Highly Imaginative Trials by those unburdened by the facts.

post-145917-0-23245600-1376061196_thumb.

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Why is this not big news in the states? Im waiting for the US government to step in and put these punks in their place.

Because it's not a big news story? Anyways, it was mentioned in many news outlets. There are over 375 comments on the story at HuffingtonPost.com

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Hum, when I needed a translator in court, my lawyer arranged it.

How killings work in Thailand: If you kill someone, then the police ensure the deceased family are provided for by you negotiating a price. If a price is agreed and everyone is happy, chances are you could walk free. It's really up to the family to push for the justice; they may be happy with deal, in which case no charges pressed.

Edited by MaiChai
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