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The Chief Justice of Phuket, Varangkana Sucharitakul

Phuket Tourists in Trouble Win a 'Fly Home' Deal

Friday, November 6, 2009
EXPAT tourists who find themselves in trouble are likely to gain a better deal under a new scheme outlined today by the Chief Justice of Phuket, Varangkana Sucharitakul.

Passports are likely to be returned in future and people charged with minor offences will be able to travel home - provided they mediate a quick settlement, or deposit a substantial bail sum to ensure their return.

The two alternatives should help to avoid more cases like that of Simon Burrowes, the British tourist who was trapped on Phuket for three months after swearing at the Immigration counter at Phuket airport on his way home from a holiday.

It would also apply in the case of Annice Smoel, who wanted to return to her young daughters in Australia but could not because she had been accused of stealing a beer mat at a Patong bar.

Chief Justice Varangkana has suggested that the system will work with the help of local consuls and envoys, who should be made aware as a matter of course of all cases involving expats accused of crimes.

''Like most other countries, we want to retain one law for everyone, so a special court for tourists is not going to be a possibility,'' she said today.

Since being promoted to the island's top judicial position in April, Chief Justice Varangkana has implemented a host of changes designed to make justice on Phuket work more swiftly and efficiently.

Her plan for providing help to tourists through court officials with special training should end the heartache for tourists who stray while on holiday.

In the past, as in the Burrowes case, tourists have lost jobs or suffered unwarranted punlishment for silly misdemeanors. In many cases, with passports impounded, the unreasonable financial penalties have included drawn-out accommodation costs and additional fares as relatives or lawyers or both fly in to provide assistance.

But there would still be limits. People caught with a small quantity of an illegal drug might be allowed to fly home, she said. Those caught selling drugs to others would not.

The breakthrough idea to solve an issue that has damaged the image of Thailand's tourism this year especially is another victory for Chief Justice Varangkana's common sense approach to implementing the law.

Her mediation scheme, enlarged from the concept of a predecessor, has already won several awards and taken the pressure off Phuket's court system. It has also eased the burden on the island's overcrowded jail.

Phuket now mediates more cases than any other jurisdiction in Thailand, with surprising success. Because of the mixed nature of Phuket, expats are involved in many of the disputes.

Hundreds of civil cases each month are now being settled by a system that has two mediators listen in as many as four rooms at once to all participants, and offer potential solutions.

''We will usually get everyone together,'' she said. ''Some cases are simple, others take several meetings and a lot of consideration by the parties involved.''

There is no cost. Chief Justice Varangkana is especially pleased with a case that went as high as a case can, to Thailand's Supreme Court. The dispute, between members of a family over land on Phuket, was resolved in the traditional manner, with the court ruling in favor of one party.

Rather than have a winner and a loser in a dispute that had festered within the family for 15 years, Chief Justice Varangkana sat down with both parties. Within three hours, the land had been amicably divided.

''Mediation answers many problems within the law because it reduces the number of losers and saves time and money for the court system,'' she said.

The statistics are quite remarkable, with 394 cases out of a total of 423 civil disagreements being mediated in August, a 98 percent success rate.

The sums involved are also quite staggering. The 208 civil cases that went to mediation on Phuket in October involved 119 million baht. The 105 cases in September involved 345 million baht.

Criminal cases involving attempts at mediation are relatively rare, with only 169 for the year so far, with a two-thirds success rate.

Given a little more time, perhaps the chief justice will improve that settlement statistic, too.
Phuket Chief Justice Strives to Improve the Law
Photo Album Being given a tour of the Phuket Provincial Court by the Chief Justice offers some insights into the legal system and a chance to see the mediation process in action.
Phuket Chief Justice Strives to Improve the Law

Phuket's 'Rude' Tourist Given Air Ticket to Ride
Latest A mysterious Thai benefactor comes to the aid of British tourist Simon Burrowes, who suffered unfair punishment after swearing at Phuket airport. So long, Simon, and good luck!
Phuket's 'Rude' Tourist Given Air Ticket to Ride

Jet Me Out Of Here! Stayput Simon All Set to Fly
Airport Photo Album After an extra three months of ''holiday'' on Phuket, troubled British tourist Simon Burrowes was finally on a flight for Singapore set for takeoff at 5.50pm. Good luck, Simon!
Jet Me Out Of Here! Stayput Simon All Set to Fly

Briton Fined 500 Baht for Being Impolite
Latest A British man whose case was widely noted when he was jailed after an encounter at Phuket Airport Immigration has been fined 500 baht in a Phuket court.
Briton Fined 500 Baht for Being Impolite

Briton 'Jailed on Phuket for Being Rude'
Latest A British man says he was detained on his way out of Phuket and held in jail for ''being rude'' to an Immigration official. Phuketwan will update as more facts emerge.
Briton 'Jailed on Phuket for Being Rude'

Freed Aussie Mum Says: 'I'm So Glad It's Over'
Updating News Annice Smoel is free and heading for Australia. Phuketwan was present when the Governor of Phuket paid her fine and wished her well this afternoon.
Freed Aussie Mum Says: 'I'm So Glad It's Over'

Phuket's Beer Mat Martyrs and Cultural Chasms
Opinion/Analysis The Annice Smoel case is sad for her, and for her four children. Yet it could all have been prevented if her Government had been proactive and media savvy.
Phuket's Beer Mat Martyrs and Cultural Chasms

'I Apologise to Phuket for Beer Mat Australians'
Latest Annice Smoel has been reunited with her children, and the Aussie Bar Beer Mat debate continues. But what's most important for Phuket tourism is making sure it doesn't happen again.
'I Apologise to Phuket for Beer Mat Australians'

Comments

Comments have been disabled for this article.

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Meanwhile, back in ManiK the new Molecular Mobile Lab with its shiny pearl paint, sits unused. The two year old Regional Medical Center building remains empty, ( though there are airport taxis parked all day at staff housing,) and the landscape, redone three times - is again starting to go to weed.

Posted by Overcrowded Prison on November 7, 2009 09:25

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I just returned to Australia and saw a blatant rip off of a tourist, who hired a motor bike had an accident and the operator charged for a new bike, got the police involved and was told by a local that the police being involved they seem to favour the locals. The lady was so rude to the tourist instead of being civil, it got heated and the tourist was threatened with violence by a big male friend. When hiring a bike BEWARE you will be ripped off if not careful as they don't have insurance, the same as the JETSKI caper of late. Normally all Thai folk are honest and most friendly and to be honest i have much love of the Thai folk

Posted by Anonymous on November 12, 2009 16:08

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What are they actually saying? That foreigners will not be held in Thailand and extorted for relatively minor offences any more?

I applaud what Khun Varangkana is trying to accomplish but she needs to work on police corruption which actually creates many of these situations.

Editor: There were no claims of extortion in the cases we mentioned. We don't know who you mean by ''they.'' The article explains Chief Justice Varangkana's suggestion. If you have specific accusations of corruption by police, you should go to your embassy or the Governor.

Posted by Buster on November 12, 2009 22:46

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"They" was in reference to whoever was the source of this article.

I realise that "extortion" or police corruption wasn't mentioned in the article but perhaps it should have been as they contribute significantly to the problem that Khun Varangkana is attempting to mitigate.

Thanks for your advice, I'll call my embassy today!

Posted by Buster on November 13, 2009 09:46


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