Fine journalism about class justice and surrogacy
Let me start today with a compliment Bangkok Post and the Sunday supplement Spectrum. Spectrum contains a well written and well researched story about the surrogacy case and Bangkok Post grapples with the problem of class justice.
Spectrum neatly sorts out the conflicting information about what happened to Gammy, the baby with Down syndrome, who was said to have been rejected by the Australian birth parents, and what newspapers have made of it. In addition, spoke Spectrum with the agency that mediated. Even if I were to summarize the article, this posting would stretch a lot; it can be read in its entirety on the website of Bangkok Post.
class justice
Bangkok Post grapples today with the problem of class justice. Most of the front page and half of page 3 is devoted to three high-profile cases, the hit-and-run of Red Bull heir Vorayudh Yoovidhya receiving the most attention.
In September 2012, Vorayudh killed a motorcycle cop in his Ferrari on Sukhumvit Road. The case has still not been taken to court and the police have not yet applied for an arrest warrant.
Vorayudh can no longer be prosecuted for speed limit violation, as the statute of limitations has expired; but for reckless driving resulting in a death (limitation period 15 years) and driving after a collision (5 years).
The Public Prosecution Service unsuccessfully summoned him six times to receive the charges, the last time he stayed away because he was in Singapore and allegedly ill. According to his lawyer, he is currently in Thailand. The case has been delayed, among other things, because the defense brought in new witnesses and recently again.
Inequality
Niran Pitawatchara, National Human Rights Commissioner, says poor Thais are generally abandoned by the justice system. Most young people in juvenile detention centers come from poor backgrounds; young people from wealthy families are not there. The police treat rich and poor differently and expensive cars are rarely stopped to see if they are carrying drugs. Rich people can also hire top lawyers to keep them out of harm's way.
“Inequality is at the root of the social unrest and we are now dealing with the consequences of it,” says Niran.
Motor cop family is angry
Bangkok Post also let the older brother of the killed cop have a say. "Are they going to wait until the statute of limitations on the other charges has also expired?" he wonders. “We are angry because he [Vorayudh] drove on instead of stopping and helping my brother. We are not out to send anyone to prison. We don't want more money either. [The family received 3 million baht from Vorayudh's family.] We want to see the justice system in operation. This is a criminal offense and that will not disappear with monetary compensation.'
(Source: spectrum, August 10, 2014; Bangkok Post, August 11, 2014)
To make searching on the newspaper's website easier, I give the titles:
The need to fill the void
Rough justice risks derailing reform
Red Bull hit and run case drifts, two years on
Family of slain officer says justice system failing
It is – I think – no coincidence that the Bangkok Post publishes these articles two days after the junta fired 4 judges who were somewhat lenient on bail applications.
The fact that judges are also not without blemish and are tackled if necessary has caused a storm in the courts. The examples of at least curious decisions in recent years could fill a book, including the banning of political parties and the disqualification of ministers who vote in a meeting for a proposal to transfer a top official and leave the non-attendees outside leave consideration.
Also in daily practice here in my own neighborhood it is becoming clear that everyone (of all ranks and positions) must be careful not to do things that are illegal according to the laws of this country. In academic terms, this is called increasing the psychological chance of being caught. That is at least as effective as increasing the actual chance of being caught.
Now for a good article about where the red Bull young man and jet set monk are staying and by whom they are protected. And the resignation of columnist Voranai.
It's great that the Bangkok Post denounces this. You don't have to convince foreigners who read the Bangkok Post that this topic deserves attention. But how many Thai people read the Bangkok Post? Do Thai newspapers also pay attention to it in the same way?
“It appoints Lt Duang Yubamrung, platoon leader of a military police company under the Support Services Department, to the position of Pol Lt Duang Yubamrung, deputy inspector of the bureau's training centre, effective Aug 1, 2012.
He will receive a monthly salary of 14,070 baht.”
(Bangkok Post).
The newspaper writes that he got this office job because he had obtained his Masters Degree in Law. Nothing about sniper. That's what he was for that.
Quote from the BP: "Niran Pitawatchara, National Human Rights Commissioner, says poor Thais are generally abandoned by the justice system." And that's right. There are a lot of innocent people in jail, mainly because the police always want a confession and force it. In addition, the sentences for minor offenses and crimes are absurdly high. Seven years in prison for stealing 10.000 baht is no exception. A few months ago, an Isan couple who collected mushrooms in a protected forest received 15 years. A leftover amphetamine in your pee is good for 5 years.
Personally, I find it worse when someone innocent is imprisoned or gets an absurdly long sentence than when ten guilty people walk free. That's why I think the attention for (influential) wealthy people is a bit exaggerated. Let journalists pay a little more attention to the sad cases at the bottom of the justice system. There is much more suffering and injustice there.
“Guilty people should not be allowed to walk free”…
That is another typical Western comment and explicit criticism of the Thai legal system from a culturally insensitive expat. As long as a person has not been convicted, no one is guilty and can be released on bail in this country, with the exception of some crimes (lese-majeste eg) and circumstances (eg danger of flight). You can even be released on bail if you have confessed to your crime and been convicted of it by a lower court and appealed. See recently yellow shirt leader Sondhi who has confessed to his crime and was sentenced to 42 years in prison and is now appealing to the Supreme Court and still wanted to be released on bail. The judge decides on a request for bail. In Sondhi's case, it was negative, but he will undoubtedly try again.
The penalty is also specified in the law and in many cases differs greatly from the Dutch legal system. A well-known example is the penalty for possession and resale of drugs. Whether you like it or not. Different country, different customs. It is up to the judge to impose the maximum sentence or have leniency with the criminal. That's where the judge's interpretation and compassion comes into play. And that (b) does not seem the same for all people.