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Another case of a foreigner being treated unfairly in Thailand?


HoudiniXLogic

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I wonder if "the German guy" is indeed "a Thai guy". It would make a lot more sense. The Canadian may have altered that to avoid more charges of defamation.

Whilst we are on the subject of the Thai legal system denying diabetics treatment leading to their death, it has certainly happened before, in recent memory as well, in the case of Prince Christoph von Hohenlohe who died after going into diabetic shock and was left untreated after being locked up on a very minor charge of altering his visa expiry date by one day. Thais don't like to talk about it and the Thai press didn't cover it.

Edited by Briggsy
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I don't know that's he lying or not lying. I also am not surprised the Canadian embassy isn't helping him, whether they think he is lying or not. If he had lost his passport and was destitute, I reckon there is a good chance they would repatriate him. But assuming his story is true and his passport is being held, then they know he is in an unresolved legal tangle in Thailand and in that case they couldn't really repatriate him.

Edited by Jingthing
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I feel a bit surprise about the story that seems quite strange.

When you live in Thailand as an expat since more than 10 years, you should be aware that good medical service in Thailand is expensive and you need an health insurance. As Oil engineer able to get a good income since many years, you should have also a saving.

But this guy live in a small studio of 39smq that he rent less than 200 USD in PATTAYA, claiming he was living in a smaller appartment before... very strange.

Thailand is a land of corruption, especially in Pattaya, but I doubt Police will be interest in conflict between farangs over an email message and prosecutor will keep your passport as here have no criminal charge.

I don't want imagine the guy is a scammer as he seems sincere, so he might did not say everything about the case.

Anyway, good luck to him.

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What happened between 2011 when the incident happened and 2013?

I feel like I'm at Tommy Finns trout farm.

If you want food and insulin pick up your TV and head to the porn broker. You should probably edit the video and remove the part about not being able to eat and will soon die of starvation. It is a bit of an insult to people who are actually starving and have no resources like you.

As for the passport and surgery, if you seriously die because of the Canadian and Thai government, it would get allot of press coverage and at least things would change so it didn't happen to anyone else. So essentially you would of changed the world for the better.

Have you thought of camping outside the prosecutors office on a gurney with a drip and a sign saying, I am a boy in a mans body.

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There is no way he could have been eligible for private health insurance in Thailand.

Sent from my GT-S5360B using Thaivisa Connect Thailand mobile app

And there is no way he is eligible for emergency care in Canada being gone for so long the rules are very clear - waiting period of 3 months if you've been out of the province or country more than 212 days - I jumped hurdles to ensure I got an extension which meant residing in my Province two consecutive years minimum 153 days. I highly doubt he's eligible given he only spent a few months in Canada last year and has been absent for 12.

If he is not eligible why would the Canadian Government allow him to commit fraud ? after he's publicly admitted his intent.

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I hope this man gets help soon. I don't care whose "fault" it was.

One wider "lesson" for people reading this. The insult the Canadian used is MASSIVELY more serious an insult in Thailand than it is in the U.S. or Canada. You can get killed for that here if done in person.

I don't know about how that insult is viewed in Germany though. Perhaps some expats have internalized Thai values about such insults.

BTW, does someone know WHERE in Thailand this Canadian lives?

If he is an expat area, surely there are people who would be happy to directly provide at the very least some foodstuffs.

The proceedings are really over the top, but so were the insults from the Canadian.

I did notice quite a few English-speaking people, especially brits, have a problem with remaining civil or seem to have fun by insulting people in the worst way possible. Apparently, insulting is an art in some British circles, and not to be taken litterally. But hey, we are not in Britain.

I see nothing wrong with teaching them a (proportionate) lesson. 20.000 Baht fine and an inconvenient court proceeding is about right IMHO.

But this Canadian has already paid more than necessary, time to let him off the hook!

Edited by manarak
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If this guy's story is legit, then if he says he is dying soon, then he needs help ... NOW.

He doesn't need moral lectures on the events that led him to where he's at now. Seriously. Think about how ridiculous that is. at this point IF his story is legit.

If his story isn't legit, well, anything is possible.

By legit, I mean his crying for help and dire need being actually true and sincere.

Obviously, the details about what led him there are going to be a subjective telling, but if he's really at the end of his rope ... why does it matter???

ARE you Hillary clinton incognito? Everything matters. Did you send guy moeny?

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Don't know what to believe about this story, the guy looks pretty healthy enough to me.

When I get to Thailand in december, if you still have problems then as a fellow faring, I will treat you to a nice Thai meal, the least I can do.

Good luck matey.

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I would have thought being a diabetic he would have given up the cigarettes (yes I did watch the video and saw the smoke). Peripheral vascular disease can lead to amputation.

This video and whole thread is BS. Wait until next week and he will be an American or Australian down on his luck with the Statue of Liberty or Sydney Harbour Bridge for sale.

As an oil worker (stated $20,000+ in tax last year) he has either lived the high life or is not real bright with his budgeting .

Or has been here too long and expects other people to be as stupid as him and believe his story

The dodgy shoulder might have made the medical for the oil job an issue...but apparently not. These things don't happen overnight, the cartilage wears away over years, same with the leg.

In the final stages it might be an urgent situation but develops over a period of time. Diabetes can be managed well before this stage.

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Seems fishy to me, too, in a number of ways. Prosecutors taking private email way too seriously, he didn't countersue, he's here on a retirement visa so must have income/bank deposit, why can't he report a lost passport, why would the German take this so seriously . . . .

But here: he doesn't say one word about trying to settle with the German. Makes no sense at all.

If the situation is so dire, why not just give the computer to the German if necessary and be done with it.

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I agree with the general drift of the other comments. Video lacks focus. Don't know why he keeps mentioning the Canadian embassy pretty much all embassies won't help in these matters. I believe that the British one is even worse. They won't even send emergency items to prisoners. Or is the focus on the money? Again it incomprehensible that a 52 year old in the oil and gas industry has not enough savings.

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Frankly, the defamation law in Thailand is a disgrace.

In most cases it is a tool for extortion.

Defamation should be a civil case - not criminal.

Many people who were cheated by the famous American in Pattaya will know how much he uses defamation as a matter of course.

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It is me who made this video and my story is 110% legit. I made the video about 2 hours after being turned down for the third time of going to the Prosecutors office and being told that this is the day you get your passport and 60,000 baht bail money back. Let me first start by saying I wasn't even aware this thread had started until just now. Even my lawyer could not believe that after 3 visits that we returned empty handed.

Now, when I worked just over 3 months back in Canada this past winter (yes -57 degrees and the first winter I have seen in 13 years or more) I had applied for my BC Med card and that takes 3 months to be issued. Just as I had finished my job and was about to go home (Thailand) I received my Med card in the mail.

I saw the doctors about my leg and was told that the waiting list to even see a specialist was 3 months, never mind booking time for the leg surgery. I figured that because this was affecting my work (climbing towers etc.) that I should just go back to Thailand and pay for the surgery, which can be done the same day if you pay, not like back home however when I saw that the cost was 250,000 THB. Yes maybe I should have bit my tongue and just had it done however I hesitated. Because I has a few bucks at this time (End of March) I started buying a few things like my chopper, musical equipment and also gave over 250,000 baht to charities: Buying a bike for the Father Ray foundation and 20,000 baht of rice, sending warm cloths to the North, buying large Buddha statues for a couple of temples and also giving my ex-wife the equivalent of her monthly salary to her just out of the kindness of my heart. I also had some plastic surgery done for 97,000 THB.

I was thinking why not, I will be going back to work in 2 or 3 months as I DO have a return ticket. So why shouldn't I buy things for myself too before going back to work. Yes the story began in 2011 and as I said it was dropped then with the presence of a lawyer I had hired here in Pattaya and was told that the case was closed so you can imagine how surprised I was when I was arrested one night by Immigration and told by my lawyer that it was the same case being re-opened.

The reason for my arrest, bail and the confiscating of my passport was that the police had put a notice in my mail box to appear at the police station in 2 days however this was done when I was back in Canada working. My landlord was collecting ALL my mail for me and said that he never received this notice however it was excuse enough for them to give me bail and keep my passport as I was a flight risk and had failed to appear once already.

It was only in the past 5 weeks that I had been diagnosed with frozen shoulder as this can happen to anyone at any time. Ok so now the hospital bills start again. I went to Samitivij hospital after being in excruciating pain for 3 weeks and had the MRI and was told that I could try medication for 1 week and if the pain did not go away that I would need Cortisone shot. That is 50,000 baht and I have the appointment for next Wednesday.

Yes I do have the 50k for that shot but that is where I will be broke if I pay for that. I have been trying to get help from my embassy first because if the charges were dropped, 1, 2, 3 times already then why are they not giving my passport and bail money back along with a promise to appear? I understand our embassies do not get involved with political or Legal issues however mine is quite unique wouldn't you say. Even if they just covered the 50k for the cortisone shot then I would have 50k to live on until Dec 4th however they refuse. I already have a return ticket so I'm not asking for much.

Yes not that it has come down to the wire; I will have to sell some things. This is the reason why I have not been accepting any charity from many many people who have offered worldwide. Does this sound like I'm a scammer?

I was led to believe for the past 3 months that yes you can have your passport and your 60k back in 30 days so sure I bought an iRig and some smokes and yes my room has many things in it because I have been here for quite some years. Knowing that I would have the 60k in my pocket in 30 days led me to believe that I was ok financially but after 3 months of this and then being told this week that the German man had appealed the case of defamation and it would be another 2 months before I see the prosecutor again, sure I'm pissed and broke.

Yes I will sell my things and survive until Dec. 4th but should I need to do this for answering a rude email with a rude reply? If you saw an ad that was only up for 3 days and the end it says: NO OFFERSFIRM !!!!!!!!! Would you offer 25% less then the 8k I was asking?

Anyways that is the story and I will now post the entire story that I have kept on file.

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My report

I am a Canadian Citizen and have been living in Thailand for 13 years. I am 52 years old and have many medical problems including Insulin Dependent Diabetes.

In xxxxxx 2012 I got very sick and could not walk, eat or go to work. I went to 4 different hospitals and they could not tell me what was wrong. I could not get out of bed and had to pay people to bring me food. My money was getting less.

Before I went to hospital I put an ad on the Internet to sell my HP Notebook for 8000 baht and put NO OFFERS!!!!!!!(In large font as you can see).

I went to Queen Sirikit Hospital and was there for more then one week.

I was taking care of my father here in Thailand for 4 years until he died at age 84 just before I got sick and ended up in the hospital.

After I got out of hospital, I went home and open my email. I saw an email from a German man saying, I want your computer for 6000 baht.

This made me angry because my ad said 8,000 baht and NO OFFERS. So I told him to go away and eat shit. I was feeling bad because I had lost 10 kilo in Hospital and also my father had just died so I was not in a good mood when I answer this email.

3 weeks later the police came to my apartment and gave me a paper saying I had to go to the police station the next day at 10:00 am. The German man and his Thai wife were there and I was told they were charging me for defamation section 326 & 328 of the Thai criminal act. The policeman asked me if we could resolve the problem there right away so I looked at the German man and said I was sorry and also said the same to his wife in Thai.

She spoke very bad to me and said, No, I not accept. I want 100,000 baht.

After this I spoke to a lawyer and he talk to the police and explained that Defamation 326 & 328 had to involve a third party and emails are considered private so the charge was false. After 3 weeks of going back and forth to the police station my lawyer and I was and I informed that it was over, finished and no more about this case.

6 months after that I went back to Canada to work for 3 months then came back to Thailand. 3 months later I went back to Canada to work again for another 3 months and again came back to Thailand in March 2013.

2 weeks ago (April 2013) my landlord told me that there was a woman that came to my apartment and was asking him if a farang name Rooney still lived here. She did not know he was my landlord. She told him that I have a TV for sale and that she had my number and come to look at it. My landlord told her if she has my number why not just call me.

1 week later, at 8:30 pm I was going out to eat and the Immigration police arrested me at my apartment building and I was not sure what was going on so I called my lawyer who works at Pattaya city Hall and asked him if he could meet me at Immigration to help me.

My lawyer met me and told me that it was the same case that the police said was finished 1 year before and said the German man and his Thai wife were again charging me with Defamation 326 & 328.

The Immigration police were very nice and were only doing their job but after 3 hours they took me to the Police station in Nongprue, Banglamung and I was put into jail. My lawyer also was there and told me that my bail was 60,000 THB (Thai Baht) to get me out of jail.

I had to use 3 of my credit cards that I gave to my lawyer to take out the 60,000 baht and was released but the police kept my passport and told me I could not get it back until after court.

I contacted the Canadian Embassy and told them that I was falsely charged and needed help but was told that they do not get involved with Criminal cases and all they could do is give me a list of lawyers.

I told them that my lawyer said that it could take up to 1 year before I could go to court and that the police have 48 weeks to bring my case to the prosecutor and told them I am diabetic and had no money to live here in Thailand for that long. I could not buy food or medicine or pay me rent or live and that I could die within 1 month. They told me it was not their problem.

I now have little money and need my passport so I can go to work and make money to live.

My lawyer told me he would talk with the police and try to get them to stop the case being taken to the Prosecutor because it is not a legitimate Defamation case and I need my passport to go back to Canada and work.

On June 20th, my lawyer told me he would meet with the police and resolve the case even if I had to pay a little money to the German man and his wife. He told me for sure I could have my passport back this week (June 23 28th).

I did not hear back from my lawyer so I called him yesterday (June 26th) to ask what was going on. He told me that the German mans lawyer visited him and told him that the German man and his wife now want 200,000 baht to stop the charge and that he would visit my lawyer again on July 8th.

I told my lawyer that this was unacceptable to me and that I would not pay them any money at all. Now I have no lawyer and do not know what to do.

During the last 3 weeks I have contacted many of my Thai friends that are police in Bangkok and Phuket and they told me that I was being scammed and to talk with the NACC in Bangkok.

I called them and they told me that I have a legitimate case and to send them my report and they would investigate. I do not Speak Thai perfect so asked them for the email to send it to. She told me she would text me the email and that was over 2 weeks ago and I still have not received it so I do not know how to send this report to the NACC.

They told me over the phone that maybe the police are corrupt but could not say until they know more. They agreed that there cannot be a defamation charge from emails between 2 farangs even if I did swear at him because again, defamation has to have a 3rd party to be real.

The NACC told me that the police were just doing their job and it is up to them to take the case to the Prosecutor and it would be up to him to say if it goes to court or ands now. They also said that the police should not have taken the case in the first place because it was an email between 2 farangs.

The NACC also said that if it goes to the prosecutor and he DOES accept it then that is where the corruption would begin. They want it to go to the prosecutor but like my lawyer says that could take up to 1 year so I would still be stuck in Thailand with no passport.

My lawyer said that for sure I would win in court but again I would be trapped here for as long as that takes.

And now the rest of that story is the one you are reading now, updated

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Yes I will sell my things and survive until Dec. 4th but should I need to do this for answering a rude email with a rude reply? If you saw an ad that was only up for 3 days and the end it says: NO OFFERSFIRM !!!!!!!!! Would you offer 25% less then the 8k I was asking?

Anyways that is the story and I will now post the entire story that I have kept on file.

I will like to read the whole story.

How was the German's email rude? Did he insult you in his email?

Even from your story, as sad as it is, it is pretty clear you threw one of the worst insults at the German for no good reason. One might also think you hate Germans.

My opinion is that anybody writing back in the manner you did needs to be taught a lesson in manners, although I also think that what you went through was way beyond an adequate sanction.

A nice fine and a court hearing with you pleading guilty should have been enough from the court system incase the German had insisted on the case going to court - in my opinion he should have settled for your apology at the police station and some money for covering his expense and the police's "efforts".

Defamation is indeed bullshit, but this doesn't mean it's allowed to insult other people - I'm sure there is another paragraph in Thai Law about this matter.

Edit: now that I saw the rest of the story, I agree the German and his wife didn't behave nicely (I cannot write anything more, because he might be reading this thread, LOL).

I hope you will be successful in getting the case dismissed.

Edited by manarak
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I hope the guy gets well and sorts his problem but i'm sorry to say he's mouthing off now and that was what got him into this mess.

And mouthing off is a criminal offense? Gee, not in democracies, not real ones. No idea if OP is real or an a elaboration but the real issue is misuse of libel laws to silence speech.

Democracies simply cannot have these abused harassment laws, it's about power and silencing the populace.

There's something we could all work on

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There's so many people giving negative comments, we don't know the whole truth but this could be genuine,
It's always the same doubters, we have all heard incredible weird story's here once the authorities get involved
We could be in the same boat tomorrow if we have an accident or be in the wrong place at the wrong time
A felang will never understand the Thai psyche or legal system, even if you think you do

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I would be selling everything quick smart and taking what is left and the cash for a walk over into Cambodia via an unguarded road. Go to PP, walk into a police station and say you had you passport stolen using a few green backs to ease the process, and from there to the Canadian Embassy for a travel permit. This german bloke cleary has some financial arrangement with the rozzers in Pattaya and is being very thai about it so you're existence here is effectively at an end. Get yourself fixed up, get you band mates to send other stuff you have to Cebu or where ever you set up next and forget all about it.

By the way, try the Queen Sirikit Military Hospital Sattahip for the jab - it will be a lot cheaper. give them a call and ask.

Good Luck!

Edited by boldface
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