PHUKET: The notion of a ''Tourist Court'' appears to be being misrepresented by people who don't grasp the concept or the aim.
As Phuketwan has reported, the idea is for Phuket Provincial Court to extend its sitting hours into the night - and for cases involving tourists to be fast-tracked.
There is no suggestion that there would be one court for residents and another special court for tourists or expats.
One of the basic tenets of Thai law is that all people are equal before the law - a philosophy about justice that is shared around the world.
However, Thai authorities are suggesting improvements to prevent delays in the Thai system, where visitors have to wait weeks or months for justice.
Sometimes this means that tourists are forced to stay on Phuket or in Thailand longer than anticipated, meaning they incur additional unreasonable costs.
Sometimes it's an additional unreasonable punishment for tourists who are guilty of commiting crimes while on holiday.
Sometimes it's an additional unreasonable penalty for victims who have to decide whether to stay on to nail a criminal or simply go home on schedule.
Fast-tracking cases involving tourists - and that means visitors from Bangkok as well as visitors from Beijing or Bangalore or Brisbane - is a great idea to restore the balance of holiday justice.
Extending the hours that Phuket's courts sit will enable the island's judges to hear what a tourist has to say in a case without imposing an extra undeserved penalty on victims and witnesses.
Where the accused is a tourist, adjustments should be made to fast-track cases that do not involve violence or drugs, or warrant a major penalty.
The incident that Phuketwan remembers that best illustrates the need for change involved British citizen Simon Burrowes, who became the central character in a case in 2009 that was every tourist's nightmare.
He was kept in Thailand for an extra three months - including three weeks in Phuket Prison - for ''being rude'' to an official as he tried to catch his scheduled flight home.
As a result of allegedly swearing at Immigration on his way off Phuket and out of Thailand, the then 44-year-old Brit lost his job and his apartment.
And all because an official at Phuket International Airport questioned Simon's passport photo.
The passport and the photo were both genuine, but Simon was delayed and missed his flight back home and allegedly cursed his horrible bad luck in the process. Using the F-word proved unwise.
A Phuket Airport official thought Simon was swearing at her . . . and his short holiday on Phuket became a long holiday he will never forget.
Being a Catch 22 situation, with his passport seized he also ran into visa overstay problems.
When the case eventually did make it to court, three months later, he was fined - wait for it - 500 baht.
So Simon missed his flight, lost his job, lost his apartment, paid for additional accommodation and extra legal costs . . . and when he eventually made his appearance in court, he was fined 500 baht.
The idea of fast-tracking these kinds of cases on Phuket and in other holiday destinations around Thailand is a good one.
''Justice for all, but justice with speed'' is an ideal way to improve justice in Thailand and on Phuket. Justice, after all, never takes a holiday.
justice for tourists with tuk tuk drivers & jet ski operators has been on vacation for a decade and more
Posted by slickmelb on May 12, 2013 04:25