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Annice Smoel in 2009 outside Phuket Provincial Court: swifter justice required

Phuket Justice: Rough at Times for Tourists

Wednesday, February 2, 2011
News Analysis

A YOUNG AUSTRALIAN man who attempted to steal a bottle of vodka from a Phuket nightspot is being deported today, Phuketwan has learned. A Phuket court imposed a fine of 2500 baht and suspended a jail term.

The cost to the young man of his momentary lapse of judgement? Several thousand Australian dollars. And perhaps a whole lot more.

The case is one of a series in 2011 that has raised again the issue of tourist behavior and the additional penalties that come almost as a matter of course for tourists who are accused of ''holiday crimes'' on Phuket.

Still waiting to have their cases heard are two other Australians, both accused of attempted theft or theft. One man, who has admitted that he stole a pair of Rayban sunglasses at Phuket airport as he was about to catch a flight on January 5, has been obliged to remain on Phuket awaiting a court hearing ever since.

Another man, accused of trying to steal 12 bottles of alcohol from the Orchid Garden Hotel in Patong on January 8, is also still awaiting a court date.

The Thai system of justice embraces the principle of one law for all, and rightly so. However, when it comes to the penalty fitting the crime, people who do not reside in Thailand do appear to frequently suffer a great deal more.

While fair and reasonable penalties are imposed by Thai courts, ''holiday crimes'' - usually thefts or attempted thefts that are often committed on the spur of the moment and regretted almost immediately - often cost tourists and their families much, much more than a small fine.

People can and have lost their jobs, lost their housing, and had to spend hundreds of thousands of baht on lawyers, cancelled flights, and extra accommodation.

The penalty in court can amount to as little as a fine of 500 baht or 1000 baht. But the additional expenditure incurred can often be a thousand times that, or more.

Regrettably, civil servants within Australia's Department of Foreign Affairs and Trade actively restrict Australia's honorary consul on Phuket from talking to the media about this issue, except during the honorary consuls' meetings every three months.

While Australians are frequently ''holiday crime'' culprits because they tend to mix alcohol and fun abroad in much the same way they do at home, the issue of slow and expensive holiday justice applies equally to visitors from all countries.

The most notorious Phuket case involved ''beermat bandit'' and mother of three Annice Smoel, who in 2009 protested her innocence of theft but pleaded guilty so she could fly home quickly to her daughters.

Her plight brought wide media coverage in Australia and internationally to such an extent that the then Prime Minister of Australia became involved. As a result, the Deputy Prime Minister of Thailand telephoned the then Governor of Phuket . . . and the case came to a conclusion within 24 hours.

None of the young men involved in the 2011 series of cases on Phuket has daughters waiting at home, so the Australian radio commentators know as ''shock jocks'' have yet to receive an irate telephone call alerting them to the plights of these young tourists.

One accused and his family, though, has reportedly spent a million baht on the extra expense involved on a case.

That's the equivalent of $33,000 dollars, and all for a moment's indiscretion on the happy holiday island of Phuket.

Extended accommodation on Phuket, relatives flying from Australia, legal fees . . . the list and the expense goes on and on.

When the case does eventually reach court, the fine is likely to be infinitesimal by comparison.

Nobody questions the fairness of the Thai system of one law for all.

Yet the important issue raised by these three cases is whether justice imposes an unfair and excessively heavy penalty on tourists for forgetting for a moment that they are visitors in another country.

Efforts to establish a special Tourist Court have failed because there is one law for all. But in some cases, fast-track justice would help to ensure that the overall penalties more accurately fit the crimes.
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Comments

Comments have been disabled for this article.

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If you can't do the time, don't do the crime...this type of crime, such as stealing Ray Ban sunglasses or boxes of alcohol is the type of crime committed by individuals who are by their very nature dishonest and badly behaved scumbags who need a good lesson of learning. We don't want their kind here anyway, so let them stay at home where they can steal to their heart's content (and they more than likely do).

The only addition I would like to see is over and above the loss of time, money, airline tickets and the rest of the problems that these out of control scumbags experience is a good caning by the cops as they do in Singapore.

Posted by William on February 2, 2011 13:17

Editor Comment:

William, a man without sin clearly has advantages over the rest of us. Perhaps you should volunteer to lop off a hand or two?

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Only a hand or two? Couldn't I do a whole head....or even better, shove 'em head first screaming and kicking into a big tree shredder...right in the middle of Bangla Road on Friday nights...now that would be a fantastic show...draw huge crowds and sell lots of tickets.

Posted by William on February 2, 2011 14:17

Editor Comment:

The tea money would be enormous

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no-one but themselves to blame!!

Posted by another steve on February 2, 2011 16:22

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IF You play with fire you get..BURNT.. Does not matter where you are...

Posted by STAN on February 2, 2011 16:35

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Annice Smoel, who in 2009 protested her innocence of theft but pleaded guilty

The aussie bar had a tape which proved she nicked the beermat

Posted by FS on February 2, 2011 17:49

Editor Comment:

Not when we asked back in 2009, they didn't. The tape had been erased. Besides, hardly worth debating two years on. The key concern is whether the extra ''punishment'' fits the crime now.

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There have been several cases reported here where people have had to admit their guilty just so they can leave the country and get on with their life, like the English teacher who got into a scuffle with the Tuk-tuk driver. If he didn't admit guilt he would have to stay here and lose his job etc.

Crime is Crime yes, but there needs to be a system that works swiftly for petty crimes such as theft.

Everyone has done regrettable things in their life I am sure, but would you want it to actually cost you your lively hood? Probably not.

Posted by Tbs on February 2, 2011 18:25

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i have little sympathy for those who have no respect for others property.

Posted by spud on February 2, 2011 19:33

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Actually this added hardship SHOULD act as a further deterrent to criminal behavior. If a foreign tourist was travelling in AUS and committed a crime, there would be no consideration of their added expenses. The moral of the story is don't commit a crime - it can ruin a holiday.

Posted by Bystander on February 3, 2011 10:19

Editor Comment:

In Australia, a case of petty theft involving a holidaymaker would be quickly dealt with by a local magistrate's court. Muzzling the Phuket honorary consul from alerting the media prevents the warning from being spread and does not serve the best interests of Australian travellers.

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While the Aussies you mention in the article are disgusting (including the Bar Mat B****) - I wonder where you get your information on Aussies Mixing Drinking and Fun? Seemed to imply Aussies generally steal when they drink, which couldn't be further from the truth.
Every nation has bad apples, and sadly cheap air fares are allowing these bad ones to go on overseas holidays.

Posted by Joel M on February 3, 2011 12:35

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Each tourist destination get the tourists it deserves.

Posted by Tourist by Profession on February 3, 2011 13:52


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