Then his Thai partner accidentally followed him out of the house and accidentally berated the poor victim with foul language.
It's probably going to be difficult to get this verdict overturned on appeal since it turns on the credibility of the defendant's evidence and the appellate court probably only has a transcript of evidence to go on.
the correct verdict.
the property owner and his wife may have been aggressive in their reaction, but i doubt very much if the "kick" was a real kick, and it is obvious that the doctor, and we all know how entitled and precious thai doctors can be, blew the incident up out of all proportion, aided of course by the racist pile on in the media and online... rich and angry farang, gold digging thai wife of dubious background, respected doctor, "unlicensed" steps etc.etc.etc.
the police, sniffing a possible payday, behaved according to type but thankfully the court saw through this contrived imbroglio and common sense won the day.
Well, it seems the swissy does.
The whole thing was a storm in a teacup, anyway.
A 9 days wonder was cited by Chaucer
Etymology. From nine + day + wonder (“something that causes amazement or awe”).
References to a period of nine days or nights to describe the length of a short-lived fad date from as early as the 14th century; see, for instance, Troilus and Criseyde ( c. 1380s) by the English poet Geoffrey Chaucer.
A MR Kemp actually danced London to Cambridge too!
Okay doky. Chaucer might be a bit deep for the ole ditch digger better I stick paul.theroux for my arm chair travel and expand d imagination.
Bukowski for shits and giggles
Re. Chaucer - it's just in 15th century English.
Doesn't mean it's 'deep'.
Hole affair may have been socal clinnners repel ambulance chasing medic in cultural mix up, Some nukecomers fail to realize loss of ass is taboo in Land of Smirks, Just goes to show Life's a beach and then you cry!
Here’s why Phuket court cleared Swiss expat of assault charges
The Phuket Provincial Court said it found a lot of discrepencies in the prosecution testimony, footage from security cameras and evidence when it acquitted a Swiss businessman of assault charges.
On Tuesday, the court acquitted Urs “David” Fehr, the owner of an elephant park in Phuket, who was charged with kicking Thai doctor, Thandao Chandam, on a beach in front of his luxury villa at Yamu Beach in Thalang district on the night of February 24.
In the case against Fehr, the court ordered that both lawsuits – one by Phuket public prosecutors and the other by Thandao – be combined into one.
The prosecutors charged that Fehr had physically assaulted Thandao by kicking her once in the upper back, causing bruises. Though not detrimental physically or mentally, the public prosecutors asked the court to punish Fehr under Article 391 of the Criminal Code.
Thandao, meanwhile, alleged that Fehr’s action had caused her to suffer from post-traumatic stress disorder (PTSD), and wanted the court to punish him under Article 295 of the Criminal Court.
The case sparked such a loud public uproar among Phuket residents that the provincial governor had to ask the Immigration Bureau to terminate Fehr’s long-stay visa even though he has invested in the elephant park and is married to a Thai woman.
In its ruling, the court said Thandao’s account given to police investigators and to the court contradicted the security camera footage presented in court.
The court noted that the clip shows Thandao turning her head to the right and turning back to the direction Fehr was walking from.
The court added that the spot, four steps linking the villa’s lawn to the beach, was well lit with both a lamp and the bright full moon.
The court noted that if Fehr had really kicked Thandao in the back as charged, then her friend, Supakarn Sukkua, who was sitting next to her on the steps, should have witnessed the incident. The court said Supakarn should have been able to provide a clear account of Fehr assaulting Thandao, but she failed to provide clear details.
The fact that Thandao’s only witness failed to affirm how the assault happened is suspicious, the court said.
Moreover, the verdict said, the CCTV footage does not show Fehr kicking Thandao until she fell forward as she testified to police.
Instead, the court said, the clip shows Thandao standing up and walking away from the spot normally. This contradicts Thandao’s testimony and makes it sound illogical, the verdict added.
The court noted that Fehr is a large man, so if he had really kicked Thandao, she should not have been able to walk away from the spot normally.
The court also noted that since the two did not know each other, Thandao should have been seen in the video clip arguing and demanding to know why Fehr assaulted her instead of just walking away.
The court also noted that a police investigator’s testimony said that Thandao was sitting on the second step, and reasoned that it would have been tough for Fehr to kick the doctor from the top step as claimed.
The court also reasoned that if Fehr had walked down to kick Thandao, then her friend should have witnessed and remembered the details of the incident well.
The court also noted that Fehr has all along insisted that he did not kick or assault Thandao.
In the verdict, the court said the medical evidence presented by the prosecution was just a photograph of the bruises on Thandao’s back, adding that the plaintiffs failed to call the medical staff who took this photograph to testify.
They also failed to provide medical records from the hospital where she allegedly received treatment, so the court found the plaintiff’s medical evidence questionable.
Hence, the court said, it had to give benefit of doubt to the defendant and has thus acquitted him.
Since Fehr was cleared of the assault charge, the court said he could not be held responsible for Thandao’s PTSD either. The court added that the defendant had presented accounts from medical experts saying that one can suffer PTSD when sustaining severe or life-threatening injuries or is sexually violated. However, the verdict said, Thandao’s case did not fall within the criteria of PTSD.
Here’s why Phuket court cleared Swiss expat of assault charges
Gosh, whoudda thunk it, a Thai lied in her testimony.
an excellent result, and the swiss guy should now sue the lying quack and claim compensation for both the stress and uncertainty he has suffered and the expenses he has incurred as a result of the actions of this hi so chickenhead.
And that Anutin fella who threatened to curtail any appeal rights if convicted so certain was he of the guilt of the accused whose first crime was of course to be a foreigner.
He is the equivalent of the Home Secretary/Minister for the Interior.
They really have no conception of what a rule of law entails.
The two convicted criminals who held posts in the cabinet under the Shretta regime have now been removed only to be replaced by their close family members, a daughter and a brother.
You couldn’t make it up.
Dreadful society.
MOR over
Thai Doctor to Fight after Phuket Kwaeng Court Dismisses Controversial Case Involving Swiss Expat
A young Thai Doctor will continue to fight and file an appeal after the Phuket Kwaeng Court has dismissed a case involving a Swiss Expat allegedly assaulting a Thai doctor in front of a villa in Paklok, Thalang.
The female Thai doctor, Tandao, 26, told the local press that she was sorry that many Thais were upset as much as was. She stands by her statements that the Swiss Doctor kicked her and caused her severe mental and emotional damages, which the court said there was not evidence of and that the Swiss expat, David, denied, claiming only that he slipped during a purely verbal altercation. She said thank you to Phuket and Thai people for encouragement. She is ready to continue the fight in court with an appeal, with her father by her side who has joined her call to appeal the verdict.
There was also a rumor online that the doctor accepted money from the suspect to end the case, which she has vehemently denied and stated that she received no money and was interested in justice, not compensation.
Many Thais online expressed disappointment in the verdict, with many having hoped that Mr. David would have been deported and permanently blacklisted from the Kingdom. Foreigner responses to the verdict were more mixed, with some noting that the case appeared to be a “Making a mountain out of a molehill”. Others, however, supported the doctor and felt the suspect should have been punished more harshly.
UPDATE: Thai Doctor to Fight after Phuket Kwaeng Court Dismisses Controversial Case Involving Swiss Expat - The Phuket Express
Appeal launched as Swiss man acquitted in Thai doctor assault case
Legal veteran Nipit Intarasombut has launched an appeal in the Phuket Appeals Court on behalf of a female Thai doctor, following a provincial court’s acquittal of a Swiss man charged with assaulting her.
The alleged assault occurred on February 24, when Dr. Thandao Chandam, 27, was allegedly kicked in the back and verbally abused by 45-year-old Swiss national Urs Fehr while she was sitting on steps in front of his villa on Yamu Beach in Thalang district.
On September 3, the Phuket Provincial Court dismissed the charges against Fehr for lack of evidence.
Nipit told reporters that his argument will be based on reasonableness, meaning that the court should favour the argument that appears more reasonable.
“The punishment may not be severe, but the case has affected public sentiment,” Nipit said.
Appeal launched as Swiss man acquitted in Thai doctor assaul
Oh FFS....Nipit told reporters that his argument will be based on reasonableness, meaning that the court should favour the argument that appears more reasonable.
Money will change hands , a beano for lawyers
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