Thread: Killers head to Thailand

Accused murderer of good Samaritan Luke Mitchell finally to be extradited from Thailand to face justice
BY:WAYNE FLOWER From: Herald Sun July 26, 2013 5:29PM


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Luke and Shane Mitchell
Luke Mitchell, left, and his brother, Shane. Source: Supplied


A THAI man accused of murdering good Samaritan Luke Mitchell will be extradited to Melbourne to face justice over the 2009 killing.

Thatiya Terdputham is expected back in Melbourne towards the end of next month after dropping his appeal against extradition in a Thai court.

Luke Mitchell was repeatedly stabbed and kicked outside a convenience store on Sydney Rd, Brunswick, minutes after breaking up a fight in May that year.

The three men wanted over the killing fled Australia just hours after the vicious attack.

Luke Mitchell
Surad Seehaverchart and Thatiya Terdputham in court. Picture: Andy Chant
It is understood a second Thai man apprehended over the killing, Surad Seehaverchart, will continue to fight extradition to Australia while the third man remains at large.
The news was delivered by police to Luke Mitchell’s brother Shane today.

"What I’ve heard is the two that are over there, one of them has had their extradition appeal quashed and will be guaranteed to be coming back,’’ Mr Mitchell said. ``He won’t be back immediately, but around the end of August.’’

Luke Mitchell
Luke Mitchell, pictured with his niece, Yve, was attacked minutes after intervening in violence outside Spot nightclub in Sydney Rd, Brunswick.
Mr Mitchell welcomed the news his family has been waiting for since the men were captured in Thailand in 2010.

"Obviously we’re quite pleased it is starting to move forward,’’ he said. ``It has been a long time and we’ll just go through the process of what we need to and that’s it.’’

Mr Mitchell said the man still needed to pass through the Thai legal process before he would step foot on Australian soil.



"But obviously the family is pleased that we’ve got a bit of a result,’’ he said. ``At the end of the day everyone gets to present their case and whatever happens, happens.’’

The family is preparing itself for more pain as the matter passes through the Victorian legal system.

"He’s given up the fight over there, but we expect another fight here,’’ Mr Mitchell said.



The extradition will come as a huge relief to Victorian detectives, who have worked tirelessly with Thai authorities to bring the men home.

Mr Terdputham was 35 when he was nabbed on October 31, 2010 - a little under a month after his alleged accomplice Surad Seehaverachart was arrested by Royal Thai Police.

The alleged killer wept almost a year later when a Bangkok Criminal Court judge ruled he and Mr Seehaverchart would have to return to Melbourne to face charges of murdering the Sanctuary Lakes man.

The pair immediately appealed the decision amid claims they could not get a fair trial in Victoria because of racism.

Luke Mitchell’s senseless death sent shock waves through the community at the time, with Police Chief Commissioner of the day Simon Overland declaring that catching the killers was his top priority.

More than 700 mourners turned up to Luke’s funeral at St Patrick’s Cathedral in the city.

I never intervene in fights. Not even if it's totally one sided. Ppl that do are trying to be the hero. It's not very smart. Especially because fighters usually deserve each other

TWO Thai men accused of murdering good Samaritan Luke Mitchell outside a Brunswick convenience store have been committed to stand trial.

Mr Mitchell, 29, was repeatedly stabbed and kicked outside a 7-Eleven on Sydney Rd, Brunswick, minutes after breaking up a fight in May 2009.

Thai national Sarud Seehaverachart, 31, and dual Thai-Australian citizen Thatiya Terdputham, 39, were today committed to stand trial for his murder.

PREVIOUSLY: Third suspect arrested over Luke Mitchell death

The Melbourne Magistrates’ Court was told a knife was found to contain DNA belonging to three people, who were likely to be Mr Mitchell and the two accused men.

Police allege the men fled Australia just hours after the vicious attack. Mr Terdputham was 35 when he was nabbed on October 31, 2010 — a little under a month after his alleged accomplice, Mr Seehaverachart, was arrested by Royal Thai Police.

Almost a year later, Mr Terdputham wept when a Bangkok Criminal Court judge ruled that he and Mr Seehaverachart would have to return to Melbourne to face charges of murdering the Sanctuary Lakes man.

The pair immediately appealed against the decision, arguing that they could not get a fair trial in Victoria because of racism.

Mr Terdputham was extradited to Melbourne in September last year while Mr Seehaverachart was extradited in January this year.

A third man wanted over Mr Mitchell's death was arrested in Thailand in July and remains in custody as authorities work on his extradition. Mr Mitchell's senseless death shocked Melbourne.

Then police chief commissioner Simon Overland declared that catching the killers was his top priority.

More than 700 mourners attended Mr Mitchell's funeral at St Patrick's Cathedral in the city.

Mr Seehaverachart and Mr Terdputham were remanded in custody to face a directions hearing in the Victorian Supreme Court on October 3.

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Originally Posted by Necron99

A third man wanted over Mr Mitchell's death was arrested in Thailand in July and remains in custody

good news - and this was the high ranking military officers son

What's the bet, 10 years manslaughter, serviced in those horrible Victorian prisons, no swimming pool for the first few months.
The Thai national will get PR on release, seen it happen to many times.

Originally Posted by Necron99

The pair immediately appealed against the decision, arguing that they could not get a fair trial in Victoria because of racism.

Good on you baldrick (seriously) for staying on this case for the last six years.

Some things one should never forget.

Luke Mitchell death: 'Don't rush judgement' lawyers urge jury in good Samaritan murder trial



Lawyers for two Thai nationals accused of murdering good Samaritan Luke Mitchell in Brunswick six years ago have urged the jury in their trial to thoroughly assess all the evidence before judging their clients.
It is alleged Thatiya Terdputham and Sarud Seehaverachat were involved in the fatal stabbing of Mr Mitchell, 29, in a convenience store car park on Sydney Road in May, 2009.
The court heard Mr Mitchell was attacked after going to the aid of another man being assaulted a short time earlier.
He died several hours later of his injuries.
Terdputham and Seehaverachart, along with a third man, Teparat Tepsut, were extradited from Thailand to face court.
Prosecutors accused them of fleeing Australia on the same day Mr Mitchell was killed.
Tepsut has since pleaded guilty to murder, and will give evidence against his two co-accused in their Supreme Court trial next week.
Today, the court heard further details from the prosecution about letters it claims Terdputham and Seehaverachart sent to the family of Mr Mitchell, apologising over his death.


They pleaded not guilty to murder.
The two men's defence teams also addressed the jury.
Appearing for Terdputham, barrister John Saunders told the court Tepsut played a greater role than was suggested by the prosecution, and told jurors it was "critical you keep an open mind".
"Don't rush to judgement," he told the court.
"It's very easy to jump to conclusions.
"But people who are frightened and under pressure do very strange things ... wait and hear the evidence."
'There was no agreement with anyone to kill': lawyer

Mr Saunders said it was not in dispute his client was drinking heavily on the night Mr Mitchell was stabbed, and that his behaviour was unruly.


"[But] there was no agreement with anyone to kill," he said.
"There was no arrangement with anyone to cause really serious injury to Luke Mitchell. That is very much in dispute."
Prosecutors have accused the men of angrily agreeing to pursue Mr Mitchell after he became involved in the earlier altercation on Sydney Road.
"As he sits in the dock before you, Thatiya Terdputham is presumed to be innocent," Mr Saunders told jurors.
"The issue is whether the Crown can prove beyond reasonable doubt that Thatiya Terdputham murdered Luke Mitchell."
Barrister Marcus Dempsey, acting for Sarud Seehaverachart, told jurors his client "did not have a knife" and "he didn't come to an agreement to assault Luke Mitchell, with people who did have knives".
Mr Dempsey urged the jury to consider the case in a "dispassionate, logical, thorough and intellectual" way, and told them that just because the two men were on trial together, did not mean that they "share one mind, one intent".
"There are two trials going on," he told the court.
Mr Dempsey said just because the men had left the country on the day Mr Mitchell died did not mean they were responsible.
"People flee for all kinds of reasons ... that is not an admission of murder," he said.
Like Mr Saunders, he told the jury it was up to the prosecution to prove his client's guilt, not for his client to prove his innocence.
"Everything you see, everything you hear, everything you assess, will be done through that prism, I assume, that he is a man innocent of the charge of murder," Mr Dempsey said of his client.
The trial will continue next week.

Luke Mitchell death: 'Don't rush judgement' lawyers urge jury in good Samaritan murder trial - ABC News (Australian Broadcasting Corporation)

^ Not necessarily trying to be a "hero" Socal mate, it's just the compulsion built into being a decent human being.

I've had to intervene in a few nasty fights, I certainly wasn't trying to be a hero bro, didn't want to get involved either, but honestly couldn't just stand by and do nothing then live with myself.

I hate fighting (outside the ring) it's dangerous and stupid in the extreme.

they have finally been sentenced

Good Samaritan murder: Thai nationals jailed for 24 years over killing of Luke Mitchell

http://www.xxx.xxx.xx/news/image/667...x1-340x340.jpg

Two Thai men who fatally stabbed a Melbourne man who tried to intervene in a late-night fight have both been sentenced to 24 years in jail.
Thatiya Terdputham and Sarud Seehaverachart attacked Luke Mitchell after he tried to intervene when the two men attacked another man in Brunswick in 2009.
The men had fled to Thailand but were extradited back to Australia to face trial.
Mr Mitchell had stepped in to protect his sister-in-law after she tried to stop another man being assaulted outside a bar on Sydney Road.
The men then turned their attention to him and they fought in the street.
Mr Mitchell left the scene, but Seehaverachart and Terdputham were angry and followed his group to a nearby convenience store.
They then set upon him in the car park with knives.
He died several hours later from his injuries.
Terdputham, 40, and Seehaverachart, 32,were given a non-parole period of 18 years.
A third Thai man, Teparat Tepsum, pleaded guilty to Mr Mitchell's murder and testified against them.
He is serving a 15-year jail sentence over the attack.
In his sentencing remarks, Justice Christopher Beale said the men were equally responsible for the murder.
The court had previously been told "a confession of guilt" was written and sent by Terdputham to Mr Mitchell's family years after his death.
Justice Beale was critical of the letters, saying they failed to show remorse and they had added to the family's anguish.

Good Samaritan murder: Thai nationals jailed for 24 years over killing of Luke Mitchell - ABC News (Australian Broadcasting Corporation)

Real or show?