ONE diplomatic source describes the Simon Burrowes case as ''an extremely unfortunate situation.'' There's no doubt that the tourist at the centre of the extraordinary passport affair would agree.

''I only came to Phuket for a holiday,'' he has told others. ''This is a nightmare.''

According to Immigration officials, there has not been a case like it before on Phuket. Tourists seldom finish up in jail, especially while trying to catch a flight off the island.

Several important related issues have emerged, including the quality of passport photos, standards of behavior in Thailand and elsewhere, and conditions in Phuket Jail.

Here's our take on the case:

Justice: Because of public interest in the affair, debate about various aspects is healthy. The facts need to be clearly established, and explained in court.

Passport quality: It appears most of Mr Burrowes' initial troubles were generated because of his passport photograph. Everyone with an old passport should look carefully at the image in it to assess whether it could potentially cause problems at an Immigration counter. Most countries have upgraded their requirements, insisting now that subjects look directly at the camera. But old passports have not been recalled, and some countries issue 10-year passports. In Thailand and elsewhere, a shirtless photograph is not considered riap roi (proper) and can cause offence. It appears there is no stipulation that shoulders must be covered in British passport photographs. That's a failure to take account of international convention. Any country that allows its citizens to continue to use passports issued before the world became massively concerned about terrorism clearly is not treating the issue seriously enough.

Thai reaction: The Burrowes passport was carried to the British Embassy in person by a senior official from Phuket, which shows how seriously the matter is being taken by Thai authorities. The British Embassy authenticated the passport. The fact that it is genuine, however, does not end Mr Burrowes' problems. But it should lead to an overhaul of passport photograph standards, in Britain and internationally. A passport is an individual's most important international document. It appears that in this case, Mr Burrowes' initial problems were not his fault.

Immigration 'Nightmare': Mr Burrowes has rightly characterised his experience as ''a nightmare.'' Heading for a flight home, he is forced to wait while the authenticity of his passport is questioned. Knowing that his passport is valid, and knowing that the time of his flight is drawing nearer, must have made the wait seem interminable. He has the sympathy of other travellers who can see how unnerving the situation must have become. While civilised societies urge people not to judge others on their appearance alone, professional Immigration officials everywhere begin their assessment on what they see standing before them and the image in the passport. However, a lawyer might be tempted to ask why officials apparently did not question Mr Burrowes about the validity of his passport on the way in, only on the way out.

The Incident: Immigration officials say they recorded what happened next on tape. They say Mr Burrowes swore at the official, snatched back his passport and criticised Thailand. Swearing is a no-no in Thailand in any situation. Assuming that the tape supports the official version of events, the fact that the Immigration officer was female probably made it seem even more reprehensible. While standards of general conversation in Western countries have deteriorated to the point where swearing is tolerated in some circles, anyone in uniform anywhere is likely to react in a negative way if the swear words are directed at them. Every traveller away from home needs to know enough about the culture of the country they are visiting to avoid problems caused by the use of bad language.

The Penalty: Mr Burrowes has been held in an overcrowded jail for three weeks, and forced to surrender his contentious passport while awaiting a court hearing. We hope that the time he has spent in jail and the additional expense involved in his enforced stay are taken into account. In many countries, prison accommodation before a court hearing is relatively comfortable. Remand centres, or similar facilities, reinforce the principle that a person is innocent until proven guilty. With a guilty verdict, the person is usually moved to a proper jail. In many cases, people who commit non-violent crimes are imprisoned in facilities that keep them separated from killers, rapists and other social misfits. Even if Mr Burrowes is found guilty, he has surely served his penalty.

The Jail: Phuket Jail, built to hold 700, is now bursting at the seams with more than 1000 incarcerated there. While Thai officials are right when they say that all passports need to meet international standards, the same point could be made about jails.

Conclusion: If there ever was a prime example to illustrate the value of a Tourist Court, where these kinds of issues could be dealt with without undue delay, without extra cost and without unnecessary hardship, this is it. Hopefully, publicity about the Burrowes case will promote a broader understanding of Thai law and customs and the need for respectful language and behavior at all times, in all circumstances. Hopefully, justice according to Thai law will be administered in this case with an understanding of the hardship that Mr Burrowes has already experienced. And hopefully, a more equitable method of dealing with tourists who transgress will emerge from one man's nightmare.



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