Senate elections this weekend

Another Friday night bar closing

Voters in 35 provinces, including Chonburi, will once again be going to the polls this Saturday, April 29th, in an attempt to fill the 78 out of 200 senate seats that are still vacant.

The law prohibiting the sale and distribution of alcoholic beverages will be in effect. This means that, by law, bars must be closed by 6:00 p.m. Friday night and remain closed until the election is declared over on Saturday, April 29. The “no alcohol rule” applies to all entertainment areas, including restaurants, although restaurants may remain open if they do not sell alcohol. It is also prohibited to give away free alcoholic beverages, even at private parties.

In related news, Chonburi senate candidate Sombat Pechatrakul may be sued for his illegal behavior during the March 4 senate election. Sombat Pechatrakul’s wrongdoing was one of the major reasons behind this second round of senate elections.

An Election Committee commissioner, who wished to remain anonymous, said that three of the rejected candidates will be sued for damages for having made it necessary for the Election Commission to call fresh elections to find their replacements. Sombat Pechatrakul, who was rejected for alleged use of fake education documents and other alleged illegal behavior, is one of the three the Election Commission will sue.

The amount of damages to be demanded will be based on the number of voters, ballot sheets required and other expenses needed to organize the fresh election.

Criminal charges have already been brought against Sombat Pechatrakul and two other candidates. If found guilty of vote buying, they face a fine of 20,000 to 200,000 baht, possible imprisonment of 1 to 10 years, the loss of voting rights for 10 years and the loss of right to hold political office for 10 years.

The actions are setting a precedent and are a warning to other potential poll violators, that they will face legal action and be forced to pay for damages they have caused to the state.

The 29 April election will require Chonburi voters to select only one of the 20 candidates on the ballot sheet, just as in the last election. The candidates possess the same ballot numbers as before. Sombat Pechatrakul’s number (12) will remain on the ballot, but with a note indicating votes cast for ballot #12 will be counted as invalid.

The advanced voting, held 15-17 April, experienced a low turnout. Advanced voting permits older and handicapped voters, people out of the country and those with valid reasons for being unavailable on 29 April to cast earlier votes. The low turnout may have been due in part to the Songkran Festival, as many voters in Thailand were visiting relatives in other provinces.

The election control committee has again established a center to receive reports of election wrongdoing. Their phone number is (02) 21903440-9 or emergency number 1171; E-mail: [email protected]

Yet another raging elephant wreaks havoc in Pattaya

This time a tourist is killed

On Monday, April 24th, an elephant employed at Nong Nooch Gardens went berserk and attacked a family of British tourists, killing one and seriously injuring two others.

Sodawan Boonsiri, the assistant manager of Nong Nooch Gardens, stated to the press that it was normal practice for the elephants to approach the audience just before the end of the show and receive bananas as a reward. There is some confusion as to what happened, but eyewitnesses say that as some tourists were feeding bananas to the 19-year-old bull elephant, “Plai Ngern”, he became annoyed, then lurched forward towards 20-year-old Andrea Taylor. On seeing that that she was in danger, her father Geoffrey and 23-year-old elder sister Helen rushed forward to help her, which may have caused the elephant to panic. During the melee, the elephant attacked Andrea, gorging her in the stomach with his tusks. He then turned on Geoffrey and Helen, inflicting serious injury to both of them.

Attendants rushed to help the injured family and rushed them to the Bangkok Pattaya Hospital. Doctors were able to save Geoffrey and Helen, but Andrea succumbed to her injuries.

Padet Sridamrong, a veterinarian at the gardens, said that the animals are very well treated and that they are observed very closely for any signs of physical or mental disorders. The elephants are not overworked and are given plenty of rest. He believes that the extremely hot weather may have had an adverse affect on the elephant. He went on to say that there are veterinarians on permanent duty to take care of the elephants.

After this incident, the management has begun construction on a one-meter high fence around the show area. This will prevent the spectators from having total contact with the animals. They would be just able to feed the elephants as they extend their trunks out.

19-year-old bull elephant Plai Ngern went berserk, killing 20-year-old British tourist Andrea Taylor and seriously wounding her father Geoffrey and her sister Helen.

Mayor Pairat Suttithamrongsawat rushed to the hospital to look in on the conditions of the ill-fated family who were being treated in the Intensive Care Unit. He felt that this was a real unfortunate incident and should not have happened. He aired his doubts as to whether it was negligence of the handlers. He doubted whether the animals were always checked, what the conditions were and whether they were always fit to perform. He also felt that it could have been the intense heat that had caused the elephant to lose his cool. The mayor showed concern for the more than 10 operations of this kind with a total of more than 300 elephants in our community. He had called a meeting at city hall to lay out rules and regulations to limit the entry of more elephants into the Pattaya area. He stressed that any incident of this kind was detrimental to the image of tourism to Pattaya.

Police are now investigating as to the cause of this terrible tragedy and will be interrogating the mahout, the manager of the show and the management of the Nong Nooch Gardens.

The management of Nong Nooch Gardens say that in the almost 30 years of operation, nothing as terrible as this has ever happened. They promise to pay all medical expenses for the hapless Taylor family and promised to implement measures so as to avoid a repeat of this tragedy.

TAT quick to respond

Statement from Setthaphan Buddhani, Director of the Tourism Authority of Thailand Region 3 (Pattaya)

25th April, 2000: It is with much regret that the Tourism Authority of Thailand confirms that there has been a most unfortunate incident involving three British tourists at the Nong Nooch village outside Pattaya.

After the normal elephant show for the tourists, the Taylor family approached a bull elephant, intending to feed the animal.

Unfortunately, the elephant turned on the tourists, injuring the father Geoffrey Ronald Taylor and his elder daughter Helen Taylor. His younger daughter, 20 year old Andrea Taylor, who was closest to the elephant, was seriously injured and later died in hospital.

In nearly thirty years of operation, this is the first fatality involving a tourist at this well known tourist attraction.

The Tourism Authority of Thailand, Division 3, has confirmed that all the normal operating procedures at the Nong Nooch elephant show had been adhered to, but investigations are naturally continuing.

The three British people had been transferred very promptly to the Bangkok Pattaya Hospital where all necessary resuscitation equipment and specialized medical assistance was available. Unfortunately, the surgeons were unable to save Andrea Taylor.

The management of Nong Nooch village has already accepted responsibility for the costs of medical treatment for the Taylors.

The tourism authority of Thailand views any incident such as this as requiring priority investigations and will ensure that all possible precautions are followed in any tourist attraction in Thailand.

Songkran tragedy results in two deaths

Police officer guns down three men

Bang Lamung Police Officer Pol. Sgt. Chalong Hinghoithong, age 42, gunned down three men on Soi Naree, killing two, on April 19 during the Pattaya Water Festival.

Jakklod Jenjadkarn, age 42, was shot once in the mouth killing him instantly. 18 year old Prasit Sennil was shot in the back with the fatal bullet penetrating his heart. The third man, 25 year old Pan Pankham, was shot twice and is in critical condition at Bang Lamung Hospital.

When Bang Lamung Police officers arrived on the scene they found the area full of water and blood. Shocked people in the crowd pointed to Chalong as the gunman, and after police took possession of the 38 cal revolver used in the shooting, Chalong was taken into custody where he later confessed.

Pol. Sgt. Chalong hangs his head whilst giving his statement to Bang Lamung police after confessing to shooting three men.

Chalong described leaving his house on a motorcycle with his 16-year-old daughter riding on the back during the height of the Pattaya Water Festival. He planned to drop her off at a friend’s house before going on duty. Every street was lined with people having fun whilst engaged in the water exchange, and the two of them came upon a group blocking their path.

According to Chalong, a group of three men surrounded them and would not allow them to pass without first getting their fair share of the revelry. Chalong protested, claiming he was going on duty and did not want his radio to get wet. The three men in their inebriated state had been paying too close attention to his daughter and started taking sexual liberties, as they began patting her with scented powder.

Chalong said he did not like the manner in which they were teasing his daughter and he asserted his position as a police officer, but the three men made glib remarks and paid little attention. He decided to call for help on his hand radio, but large buckets of water were poured over both of them shorting out the radio, causing his anger to swell. He said that at that point their audacity so enraged him, he lost control, drew his gun and began shooting at the three men.

Five shots were fired before Chalong was constrained by onlookers.

Issue of the Removal of South Pattaya’s “101” resurfaces

Plan is funded again and has green light to proceed

The plan to remove 101 businesses and dwellings in South Pattaya’s Walking Street area, from the Pattaya pier to Bali High Point, has once again been put into action.

The government’s latest plan to re-construct the coastal area has included revised plans to remove the 101 structures. One revised plan even mentioned that the 101 businesses would not need to be removed, as a new road would be added whereby the area would be circumvented. However, it has yet to be made clear whether this would actually happen, or whether it may be just a ploy to appease the 101 landowners. Meanwhile, many of the 101 businesses have questionable land ownership rights.

The area in South Pattaya where the 101 businesses are located.

The original plan identified a 119 rai area of water to be filled in; this was later reduced to 18.79 rai. The plan has the area hosting a new pier, a public park, a parking area and a passenger terminal area. All this is to be located on 30,066 sq. meters of land with the pier extending 200 meters out into the ocean.

The implementation of the plan will not come easy, though, as the 101 business owners have formed a committee to battle the removal of their businesses.

Members of the business owner’s committee have already prepared a protest document and presented it to seven provincial parliament members and the Prime Minister calling for a reversal of the decision.

Complicating matters is the fact that it is still unclear who is to give the removal order once it is actually decided upon.

The Chonburi administration has been instructed to form a committee to direct the removal plan and is required to give a progress report every six months. The provincial administration has appointed members of Pattaya’s city administration, civil engineers, pier officials and officials from the pollution control department to sit on the committee.

Compensation has been offered to the business owners whilst land ownership documents are being reviewed. The owners did not agree and rebuked that the removal plan is not justifiable.

The members of the 101 businesses committee also presented their plea to the Chairman of the Standing Committee on Tourism of the House of Representatives, MP Santsak Ngamphiches. They said the area has been a fishing community for more than 100 years, which has become the main tourist attraction in Pattaya. They also feel that if the government can take this type of action in Pattaya, then similar action should be implemented all over the country.

Meanwhile, two key players in the 101 removal plan, Dr. Ahthit Urairat, Deputy Minister of Environmental Science and Technology, and Chonburi Governor Sujarit Pachimnan, both said they still support the National Environmental Commission’s decision.

The contract bids for the project, the filling in of the beachfront area and the construction of the pier have been decided upon and awarded to the Bang Saen Maha Nakhorn Company Ltd. The company consultant is the Mayor of Saensukh Municipality Somchai Khunpleum (Kamnan Poh), whose son, Sonthaya Khunpleum, was recently made Deputy of the Ministry of Interior. Signing the contract agreement between the Department of Civil Engineers, the Ministry of Interior and the Bang Saen Maha Nakhorn Company is still pending.

According to the 1997 constitution, the public has the right to participate in the decision making process concerning local disputes. The public has already made their concerns known but no resolutions or even a clear understanding has been forthcoming, leaving the fate of the established 101 structures in South Pattaya uncertain.

Local Industrial Estates face closure

EIA not satisfied with environmental progress

Map Ta Phut Industrial Estate, Laem Chabang Industrial Complex and the Thai Petroleum Industry (TPI) in Rayong, as well as Bang Poo Industrial Estate in Samut Prakarn and Phoenix Pulp and Paper Co. in Khon Kaen are all on the EIA blacklist and may face closure if they don’t soon comply with Environmental Impact Assessment standards.

The EIA has cited all five industrial complexes as “environmentally sensitive” because they failed to implement environmental mitigation measures set by Environmental Impact Assessment studies. They have also failed to fulfill EIA environmental obligations set out by the Office of Environmental Policy and Planning (OEPP).

OEPP Secretary General Saksit Tridech said that infractions committed by these industrial complexes include failure to install proper scrubbers to limit air pollution, and continuing to use outdated or ineffective pollution control equipment.

Specific companies cited include General Environmental Conservation Co. (Genco) in Map Ta Phut, the kingdom’s only private toxic waste treatment facility; the TPC-Oxy Co., and the HMT Polystyrene Co., both chemical factories that are also in Map Ta Phut.

Two of Genco’s toxic waste disposal sites are emitting foul odors, nauseating residents in the area. Genco has until the end of this year to find other, more suitable plots of land on which to dump its hazardous waste.

The studies show that the HMT Polystyrene Co. is discharging 150 times the standard acceptable rate of styrene - 476.9 mg/m3 as opposed to 3.0 mg/m3. HMT has also been found to be emitting 1,500 times the standard amount of ethylene benzene at 4,753 mg/m3 as opposed to the 3.478 mg/m3 standard. Both substances are carcinogenic.

The studies also show that the TPC-Oxy Co., despite management’s declaration to the EIA that no vinyl chloride monomer (VCM) was being released, the carcinogenic VCM in the amount of 743 mg/m3 and 1,364 mg/m3 had been released.

The OEPP stated that these factories will be forced to close if they don’t fulfill their environmental obligations.

The tragedy of sanuk

Editorial by
Daniel M. Dorothy

We should have seen it coming. I suppose it was just a matter of time. When a local custom is taken way beyond the point of which it was intended, when common courtesy is completely ignored, when personal attacks are made on each and every individual no matter what the circumstances, when pleas of leniency are ignored, and when all this is done on such a large scale and over such a long period of time, someone, somewhere along the line, is bound to get hurt.

We should have seen it coming 1: Last year, a foreign woman of high social standing was reprimanded for slapping a Thai child for dampening her dinner dress a few days before the full-fledged Songkran water barrage. The incident made all the press, and the unfortunate woman was made to look the villain; “How dare she slap a Thai child”.

We should have seen it coming 2: Last week we reported on the Englishman who overstepped his boundaries and had a beer bottle smashed over his head. Strange how that works, “Som Num Na” was the prevailing attitude - “he deserved it”.

It came. This week we have to report the ultimate tragedy. Two people were shot dead and a third seriously wounded for their over zealousness; for taking this once polite, respectful custom to the extreme limits it is now practiced. What’s worse, they were shot by a policeman. A hired civil servant whose job it is to “serve and protect”.

The circumstances behind this tragedy make it difficult to distinguish the victims from the perpetrators. On April 19, a 42-year-old policeman was bringing his 16-year-old daughter to see friends before going into work, on a motorcycle, at the height of the water barrage. He must have known that he would get wet, very wet, along the way. Indeed, it is the one time of year when local citizens feel the freedom to take aim at men in uniform. Was he so arrogant to believe that a man in his position would be spared the indignity suffered by all others? Perhaps, perhaps not.

Then there are the men who were shot dead. They had stopped the policeman’s motorcycle and would not let him pass. They unleashed the full fury of their water attack on both the policeman and his daughter, despite his warnings not to do so. It was also reported that they weren’t satisfied with just bombarding the two with water, that they went so far as to take “liberties” with his 16-year-old daughter on the back of his motorcycle. It is understandable, then, that the father would become furious. His paternal instincts would naturally take over and he would do whatever was necessary to protect his daughter from these marauding psychopaths. This father just happened to have a 38 caliber sidearm.

But he was a policeman - a trained officer of the law, sworn to uphold the laws of the land. He did try to call for help on his police radio, but the water had shorted it out. Did he remove his weapon and issue a warning? If so, and if that didn’t work, did he fire a warning shot? His own confession seems to indicate otherwise, for he said that he became so enraged, he withdrew his weapon and gunned down the three men.

Were the deceased the victims of this tragedy? In some ways yes, in other ways no. It can be argued that in their drunken stupor they had brought it upon themselves for refusing to stop their indecent behavior. They lend new meaning to the concept of stupidity, first by assaulting an armed man, and even more so by sexually assaulting an armed man’s daughter while he was forced to watch. But did their crime warrant the punishment they received? Of course not.

Was the policeman the victim? At first he was. But he removed that title the moment he removed his weapon and took the lives of two men.

The immediate victim was the 16-year-old girl. Not only for the assault she had to endure, but also for the long-lasting trauma of having to watch her own father gun down three men, instantly killing two of them. Her life is forever changed, as are the lives of the families that lost their sons in this senseless tragedy. For these people, Songkran will never be the same. It will no longer represent the paying of respect to one’s elders, thanking one’s deity for the gift of life. For these people, Songkran will now only be an anniversary of death.

Is there anything we can do to make sure this never happens again? Unfortunately, the answer is probably no. The families of the deceased will no doubt have legions of sympathizers who will reinforce Thais’ deep seated belief in their inalienable right to freedom, which in this case includes the freedom to continue to escalate the once a year madness called Songkran. Throw in a legion of tourists who either don’t know or don’t care about the true meaning behind the tradition, and for generations to come, the barrage will continue. Meanwhile, the policeman who shot the men dead will no doubt get a sympathetic ear from his superiors and judicial system, which will send an underlying message that it is ok to use force, sometimes even deadly force, to protect one’s dignity from the drunken hordes at this time of year.

Combine it all, and further tragedies are bound to happen. We should see it coming.

On Monday 24 April 2000, the Australian Federal Police Liaison Office in Bangkok, Thailand commenced a three week intensive Sexual Assault Investigation Training Course for twenty six selected male and female members of the Royal Thai Police from various provincial locations. The training course is being conducted at the Century Park Hotel, 9 Ratchaprarop Road Bangkok.

An official opening speech was delivered by the Honorable Pavena Hongsakula, Minister to the Prime Minister’s Office and Chairman of the Tourism Authority of Thailand.

The Australian Government, through the Australian Agency for International Development (Aus AID), has provided full funding for this training program from the Australian Community Assistance Scheme, which is administered at the Australian Embassy, Bangkok.

The program also includes a tour to Australia for four senior Royal Thai-Police Officers to study the operations of Child Protection/Sexual Assault Investigation Units in Canberra and Sydney.

The aim of this training program is to enhance the skills of the Royal Thai Police to investigate matters of sexual abuse against women and children, by exposing the course participants to contemporary investigation techniques. In achieving this aim, one male and one female instructor from the Australian Federal Training College, Canberra, Australia will present the course, which has been adapted to satisfy the evidentiary requirements of Thai Law and the operational procedures of the Royal Thai Police. Throughout the training program a number of guest presenters from the Royal Thai Police, the Attorney General’s Department, the State Prosecutor’s Office, the Judiciary and Welfare Agencies will make presentations to ensure that the focus on Thailand’s domestic sexual abuse issues is maintained. In addition, the participants will be exposed to the Australian Government’s legislation on “Child Sex Tourism”, which allows law enforcement agencies in Australia to charge Australian citizens with sexual offences against children in other countries.

Over the past five years, the Australian Federal Police have presented similar training programs in other countries in the Asia/Pacific Region with success and are confident that the training program scheduled for Thailand will have a similar impact on the fight against the sexual abuse of women and children.

In recognizing the serious implications of sexual abuse of women and children in the community, Royal Thai Police have demonstrated a commitment to fight this ever increasing problem by establishing a number of “Child Protection” investigation offices in Bangkok and provincial locations. This training program will compliment the effort by providing an additional twenty six internationally trained officers who will have a comprehensive understanding of Thai sexual offences legislation and enhance interview and investigation skills.

Consular Officer Ethel Oates from the U.S. Embassy, Bangkok, will visit Pattaya on May 9, 2000. Her visit will provide the opportunity for Americans residing in the area to obtain a number of consular services without having to travel to the U.S. Embassy in Bangkok.

Ms. Oates will be providing services at the following times and location: Tuesday, May 9, 2000 from 8:00 a.m. to 12 noon and from 1:00 p.m. to 4:00 p.m. at the Merlin Hotel, 429 Moo 9, Pattaya Beach Road, Pattaya, Chonburi, Tel. (038) 428-755.

Below is a list of services that will be provided during this visit:

* extra passport pages
* passport applications (be advised, however, that new passports must be picked up at the U.S. Embassy in Bangkok - they cannot be sent via mail)
* Notarials, including affidavits required by the Thai government for marriage, driver’s licenses and certain types of visas
* registration with the U.S. Embassy
* information on application procedures for Thai citizens seeking U.S. visas (note that applications must be submitted at the U.S. Embassy, Bangkok)

Please note that U.S. law requires a US$ 55 (or Thai Baht equivalent) fee for each notarial service provided. Passport applications cost $US 40-60.

Please share this information with other Americans in your area. Should you have any questions, contact the American Citizen Services office at 02-205-4049. For additional information about the American Embassy in Thailand, please visit our website at http://usa.or.th