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Let Battle Commence


Mekong
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Things are going to drag on for quite a bit longer just now, it is as if she is spreading it out hoping my visa will expire before the actual hearing, little does she know I have my own Work Permit and a business visa until Nov 2012.

 

I keep suing her on a weekly basis, the cost is 2% or 20,000 Baht / Million, plus her father and brother are both co-defendants.

 

Last Monday in court was entertaining, her Lawyer was getting mouthy with the Judge and was told in no uncertain terms to cool it or face an hour os so in the cells, he soon shut up.

 

Criminal hearing is now set for late January with Civil Hearing in mid February so only another 8 weeks to wait

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  • 1 month later...

Time for another update,

 

Like most things in Thailand the Legal System is a drawn out and protracted process.

 

On Monday I had the first hearing in the Criminal Case against her, Thailand is one of the few Judicial Systems in the world where a private prosecution can be taken out for a "Compoundable Criminal Offense", but unlike the in the west Criminal hearings are not simple Plaintiff v Defendant Trials but take on 4 steps.

 

Step 1 Plaintiff charges Defendant at Criminal Court and Judge rules if there is a case to answer. DONE

 

Step 2 Plaintiff and Defendants Lawyers review the Plaintiffs indictment at Criminal Court and Judge decides whether to proceed. DONE (Last Monday)

 

Step 3 Plaintiff and any witnesses called present prosecution evidence before the Criminal Court and will be cross examined by Defendants lawyer. Judgement will be made on whether or not the evidence is strong enough for the Defendant to be charged. That is scheduled for 6th March. Mekong's big day out.

 

Step 4 If Defendant is charged based on step 3, then summoned to Criminal Court to either plead guilty or to defend charges, if guilty plea is entered then minimal penalty will most likely be imposed, if she tries to defend the charges and is found Guilty then mid to upper scale penalty is more likely, which due to severity of charges will be a minimum of a suspended sentence.

 

 

Criminal offenses are covered by the Thai Penal Code and have to follow the Criminal Procedure Code of Thailand

 

So, that is the Criminal case underway.

 

Civil Case 1 is the main "Petition for Divorce" and division of Joint and Marital assets, pre hearing for that is scheduled for 14th February

 

Civil Case 2 is "Infringement Damages" this relates to her throwing me out of the house and shipping all my belongings back to UK, destroying my financial records, loss of earnings fighting the case etc etc, pre hearing on 5th March.

 

I must admit her lawyer looked pretty worried on Monday, for a Start pursuing a private Criminal Prosecution one needs to be 100% sure, if the Courts rule that the prosecution is unfounded I am leaving myself open to counter prosecution and so is my lawyer, If I am in the wrong I could be deported and my lawyer could lose his license and face a custodial sentence so her lawyer is pretty sure now that we do have a case for her to answer. The interesting thing is that as the Plaintiff I have not yet had to show the Defendant what evidence I do have and I know he is itching to see what I do have. I cannot wait to see the look on his face when he finally gets to see it.

 

He asked my lawyer, "Will you be making any further charges" to which he replied, "NO, Not at the Moment", the look on his face was priceless.

 

If I win my cases and she is ordered by the courts to pay me back and she states that she does not have the funds then the fiscal paper chase starts, anyone found to be holding property or money for her can also be prosecuted as accessory to misappropriation and handling stolen goods, which are criminal charges in themselves, once I have court order that allows me to trace funds I maybe able to implicate all of her family, interesting weeks and months ahead.

 

 

There is an undercurrent in Gobbies "Epic Countdown" Thread about how to stay busy in Thailand and what else apart from bars. Well to be honest I have spent a lot of my time pursuing my case, finding the evidence, reading up on Thai Criminal and Civil Law statutes and procedures etc. On top of that, as I mentioned in another thread I have also attained my Masters Degree via distant learning, I have another course lined up in BKK in May to get me more qualifications in Functional Safety Engineering with the option of using the company I set up last year as Thai operational arm of a group of Global Consultants if I pass the course.

 

 

More updates to follow as and when.

 

Kong

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