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Let Battle Commence


Mekong
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Odd system where the lawyer can loose his license? Not bad though.

 

As I stated, Thailand is one of the few jurisdictions where a Plaintiff may choose to pursue a Criminal Case directly without involving the authorities. In the UK, my country of origin, criminal offenses have to be reported to the Police, the Police collect the evidence and then chose if to present evidence to CPS (Crown Prosecution Service) who decide whether to charge the accused party and then they become the defendant. I am sure it is similar in the US except they use the terms Attorney General and Public Prosecutor.

 

So, the fact that a Plaintiff and his / her lawyer can be counter sued is a safeguard mechanism against malicious or frivolous Criminal Charges being brought before the court as a private prosecution, hence the reason her lawyer is now beginning to realise that I do have the evidence or I would not have taken it so far and am still pursuing it.

 

Why Private as opposed to Public some may ask, well to be brutally honest I do not trust the Police in Thailand, corruption operates at all levels in Thailand and the BiB are not immune to turning a blind eye for Tea Money or if influenced by people of an assumed higher standing in Thai society. I am a lone farang prosecuting my soon to be ex who has relatives holding both Retired and Current high ranking government positions, I would have had a snowball in hells chance if I went the public prosecution route at least some chance of justice going private.

 

On the Civil cases, 2-3 weeks ago I had found more evidence of an additional 2 Million to sue her for, In Civil cases the Plaintiff has to pay 2% of the sum being sued for to the court which is paid back if court rules in Plaintiffs favour. Civil code states that the 2% has to be paid within 7 days of the claim being made, of course her lawyer objected to my late change of indictment, it is his job to defend her, and made the request that the court rejected my additional claims. I had pre-empted his reaction and had the required 40K on my person so my lawyer asked "would it be OK if we paid the fee's now", Judge ruled that if the 2% could be paid on the spot the 2 Million would be added. 10 Minute adjournment a dash to the court accounts department and we had the receipt, the look on her lawyers face was priceless.

 

I don't profess to being a legal beagle but I have been involved in numerous Contractual disputes over the years, Disputes between client, whom I usually am consultant for, and Contractor that have gone to litigation I have been able to support the Clients Contracts Administrator in such cases with evidence, and people think engineering is all about slide rules.

 

I was also very careful to make sure that email communications with her were only from my gmail account but addressed to her business email address, gmail is POP3 and can only be used as secondary evidence to support a claim, her corporate account is IMAP and Internet Message Access Protocol emails can be submitted as primary evidence which means anything I may have written in an email is inadmissible evidence without something to support it whereas anything she wrote to me is admissible. Her pride of using her corporate account will be part of her downfall.

 

It's all rather good fun actually!

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Why Private as opposed to Public some may ask, well to be brutally honest I do not trust the Police in Thailand, corruption operates at all levels in Thailand and the BiB are not immune to turning a blind eye for Tea Money or if influenced by people of an assumed higher standing in Thai society. I am a lone farang prosecuting my soon to be ex who has relatives holding both Retired and Current high ranking government positions, I would have had a snowball in hells chance if I went the public prosecution route at least some chance of justice going private.

 

Aha, I was wondering how a Farang could sue a member of an obviously upper class family.

 

 

It's all rather good fun actually!

 

As long as you win...

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I'd be interested in seeing how farang-thai lawsuits of this nature have gone in the last 20 years.

 

Interesting thought dean.

 

Thai Courts have been making available details of similar cases online as case studies for the past 5 years or so now and in the majority of cases have ruled in the plaintiffs favour. As I mentioned earlier, plaintiff lawyer will not pursue private prosecutions unless they are pretty sure of the evidence.

 

Unfortunately all the case studies are only published in Thai and need to be googled in for in Thai, so unless you are 100% fluent in Thai you will probably need the help of a good "Translator" to find and translate them.

 

 

Coss,

 

Thanks for the support mate, would be interesting to see what happens first, me finalising these cases once or for all or you getting your first BJ from MLG.

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Physical retribution on a day to day is not a major concern of mine, but I am watching my back as far as being "Set Up" for some criminal offense or another that could discredit me. I have been warned to expect some form of assault at / close to the court if she is found guilty and if it happens just cover self up and not retaliate, I will have someone close by to defend me it if does happen. If I retaliate it is a simple fight, if someone else defends me it is then assault.

 

She, and her family do not know where I live and I am now very careful of places I go to especially of an evening / night time and rarely go out alone except for the local 7-11 or Family Mart, so basically just being careful.

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