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Aussie expat Mark Pendelbury granted bail in Phuket murder case


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Aussie expat granted bail in Phuket murder case
The Phuket News

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Mark Pendlebury leaves the police station after being bailed out.

PHUKET: -- Australian businessman Mark Pendelbury, accused of murder, was bailed last night (March 12) in the sum of B500,000.

Police on Wednesday (March 11) charged the 59-year-old expat from Western Australia with murder after an altercation with a security guard outside a popular nightclub near Soi Bangla in Patong tuesday night.

Pendlebury was on his way home from a Rotary Club meeting just after midnight when he stopped to film security guards from the Taipan disco ejecting two men from the nightclub.

He said a 25-year-old security guard ordered him to stop filming and then attacked him..

The security guard was apparently stabbed in the ensuing scuffle.

Both men were injured and were taken to Patong Hospital for treatment, but the security guard died about 90 minutes later.

Pendlebury was interviewed by Thai police at the hospital and later taken to Kathu police station where he was formally charged with murder.

He spoke to reporters from his Kathu Police station cell on Wednesday morning. He said he was walking past the disco when he saw two men being thrown out of the nightclub and he started to video the scuffle.

He said a security guard tried to stop him filming and he was then attacked and beaten.

Pendlebury said he pulled out his pocket knife and waved it back and forth to defend himself.

The Australian Honorary Consul in Phuket, Michelle Hawryluck, met with Pendlebury yesterday and a Consul from the Australian Embassy in Bangkok also flew to Phuket. The Australian Embassy continues to provide consular assistance to the man and his Thai wife Cha-cha.

Pendlebury has lived in Phuket for the past 10 years and runs a successful boating business.

Source: http://www.thephuketnews.com/aussie-expat-granted-bail-in-phuket-murder-case-51375.php

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-- Phuket News 2015-03-13

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Bail when charged with murder? Amazing Thailand!

Amazing indeed. But a "courtesy" quite commonly extended to Thai heavyweights, who then frequently disappear or drag their cases through the judicial process for decades, while enjoying their opulent lifestyles.

Small fry, on the other hand, usually rot in jail for years for picking mushrooms in the wrong place, until they can prove their innocence.

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Self defense is a good enough reason for Bail

Until proven otherwise, he was protecting himself...

I guess being told to stop doing something you have every right to do, then getting beaten up for doing nothing illegal, buy someone who does not have any authority to do so, would lead to an incident like this....

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That is what you get for carrying a knife and waving it instead of legging it.

We don't know all the details and as such, the merits of Mr. Pendlebury's case.

BUT... are we really living living in a place and time where one is expected to cower and/or run for ones life when assaulted by a bunch of lowlifes? And who's to say that he even had that option?

An old New York cop friend used to say "It is better to be judged by twelve, than to be carried by six".

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Posted on the topic earlier this week and stand by what I said then. I sensed it would come down to this. Mark, unfortunately will regret his decisions, regardless of the back n forth by us all of "who can, should, or would" in such a situation. At 59 and a 10 year resident here, he should know it's best to turn the other direction and exit with pace when he sees impending trouble like this..., not become an active participant.

My heart goes out to him and to the family of the man now deceased. There's nothing but sad written all over this event.

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Unless I'm missing something here, the Thai security guard had no legal right to tell anyone to do anything, including to stop filming, while out on the sidewalk or public street in front of the club. That's public property, not the same as private property inside the club.

If the guard started a confrontation with Pendlebury over that, then he was in the wrong. And if the guard further escalated that to a physical assault on Pendlebury after he refused to stop filming, then he was even more in the wrong.

The question is... why was Pendlebury so quickly charged with murder when there's certainly at least the appearance of a valid self-defense claim here???

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That is what you get for carrying a knife and waving it instead of legging it.

The CCTV footage shows him trying to leave but was chased down by the security guard and then others came running to join in.

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There is CCTV footage available for viewing on the Phuket Newspaper's web site. It shows Mark across the street taking pictures, then crossing to take more. Almost immediately it shows him trying to leave "at pace" but followed by about 6 other men. According to Mark's account the men who followed, attacked him, hitting and kicking and he feared for his life, so took out his knife. It also appears that 2 tourists, Indian men, helped rescue him from the attack.
If six guys attacked me, I'd try to defend myself too.

Earlier accounts say the 'bouncers' claimed Mark was in the bar, drunk and causing a commotion, so they were ejecting him. Video footage shows that was not true. And he has witnesses that he was at a Rotary meeting earlier.
So there seems to be credible circumstances to support his claim of self-defense.
(Note: Moderator - if it's not okay to reference "Phuket Newspaper", my apologies).

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Im sure that none of us would run if confronted by someone who had no business interfering in what he was doing in the first instance.A big percentage of people carry a knife for many reasons,including habit,especially useful in the case of a breakdown,or a broken lace where you could cut the other and make two.Im wondering if the supposed security guard would have approached him if he had been a younger man?after all it wasent a case of him interfering in the ejection.As stated we do not know all the details,but since he has been bailed, im sure he was correct to defend himself,ok it turned out bad for the security guard that thought he was a policeman,but thats life, if the other way around,and the ossy had died,the story would no doubt have been,the farang attacked me with a knife,I took it from him and thats the result of the scuffle.

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Can't find the link on Phuket news of CCTV footage? If true he was attacked ( by many 6 - not 1 ) and feared for his safety that's self defence not murder - if 1 on 1 and just used a knife not murder - as not pre meditated so manslaughter ( still not good idea to carry a knife )

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That is what you get for carrying a knife and waving it instead of legging it.

Sounds like a clear case of self defence to me.

Not as long as you can get away, if your with your back to a wall fighting an other guy with a knife maybe. This case.. he could have left.. did not state the other guy was armed and he was getting his knife out.

I don't get it all those guys feeling like Rambo going out tooled up. I have NEVER brought weapons with me.. and I NEVER fight I did that when i was a kid. Now I just avoid fights or people avoid me because they don't want to fight me.

Just by carrying a weapon your increasing danger for yourself. This is one of the two bad outcomes when you have a weapon.. you win but kill someone.. that will mean jail-time.. the other outcome you loose and get killed with your own weapon.

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Self defense is a good enough reason for Bail

Until proven otherwise, he was protecting himself...

I guess being told to stop doing something you have every right to do, then getting beaten up for doing nothing illegal, buy someone who does not have any authority to do so, would lead to an incident like this....

That, and what also could lead to an accident like this is stopping on your way from a meeting going home and involving yourself by filming a dispute in which you had no part until you decided to involve yourself

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That is what you get for carrying a knife and waving it instead of legging it.

We don't know all the details and as such, the merits of Mr. Pendlebury's case.

BUT... are we really living living in a place and time where one is expected to cower and/or run for ones life when assaulted by a bunch of lowlifes? And who's to say that he even had that option?

An old New York cop friend used to say "It is better to be judged by twelve, than to be carried by six".

Yes we should all run instead of standing up.. this is what can happen if you carry a knife and stand up. The other guy had no weapon (unless there is info I don't know about). Having a weapon is just a stupid thing it can be used against you and you can use it when you drunk or just use it stupidly and end up killing someone. Not having a weapon is a great thing.. if your enraged with a weapon.... guess what.

I rather swallow my pride and leg it then to have to kill someone and go to jail. Just having a weapon increases your trouble.. It will make you want to confront instead of evade trouble.

I don't need to act like Rambo to confirm I am a man. I prefer to use my brain. Thank god the way I look usually makes people think twice to start trouble with me.. but if they did id try to avoid it anyway.

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To all of the selfish cowards and sissies insisting that one should walk away, you are the reason this is a crooked, violent, corrupt place, and you need to put on your big girl panties, get out your own video recording devices, and do something about it. But you won't.

Recently moved to Thailand? Or just visiting now and then?

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Bail when charged with murder? Amazing Thailand!

Innocent until proven otherwise, isn't that how it goes? There are clearly extenuating circumstances in this case and I'm sure he's had to surrender his passport, so, certainly to me, bail isn't at all unreasonable!

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Any CCTV camera around catching the episode ? Hope they are not pointed to the opposite direction or with low resolution

That is what I was thinking also...while they should have CCTV cameras all over the place and especially at the known bars and drinking areas where there are all too many altercations occurring on a regular basis.

Too bad someone was not filming him during the altercation and use the film to separate the truth from the accusations.

Cheers

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