The attorney for the Office of the Public Prosecution Region 7, Somjet Amnuaysawat, yesterday said that the Thong Pha Phum Provincial Court would today begin interrogating witnesses and examining the evidence in the black panther poaching case against Italian-Thai Development president Premchai and his three associates. He said the prosecutors and plaintiffs were certain that the evidence was strong enough to ensure conviction of the defendants.

In February, Premchai and three other persons – Yong Dodkrua, Thanee Thummat and Nathee Riamsaen – allegedly entered Thung Yai Naresuan Wildlife Sanctuary in Kanchanaburi province. Forest rangers found that they had illegally poached many wild animals, including a black leopard, a Kalij pheasant, and a barking deer inside the protected wildlife reserve, leading to their arrest on site.

Premchai and his companions were initially charged with nine crimes by the police investigation team, but later the charges were reduced to six for Premchai, seven for Yong, eight for Thanee and five for Nathee.

According to earlier reports, Yong was Premchai’s personal driver, Thanee was a restaurant owner in Bangkok, while Nathee was a cook for the team of poachers.

Somjet said the court hearing of the witnesses was an important step forward in this poaching case, after the legal process was stalled for several months due to the legal tactics of the defence.

‘Delaying tactics’

“The court would have begun looking at the evidence and hearing the witnesses in June, but the defendants’ side sought transfer of the case to the Corruption and Misconduct Court. The Appeal Court took around two months to rule on the plea before deciding in August that the case should be heard by the Thong Pha Phum Provincial Court,” he said.

“This was clearly a tactic by the defendants to prolong the legal process in order to buy more time. But we are confident that in the end they will not be able to escape the law and punishment.”

Somjet said that under normal circumstances, the witness interrogation process would take around one month with the last witness expected to testify by the end of December. The court can then consider evidence from all sides and deliver the verdict by mid-January.

However, he said that this was just the beginning of the first round of the court process and it was very likely that the defendants, if ruled guilty, would petition a review by the Appeal Court and then move onwards to the Supreme Court. So, it would still be a long court battle ahead until the final word is heard.

“Many people may wonder why the litigation in this case is taking so long, when many other illegal poaching cases are very swiftly prosecuted. This is because the defendants in those cases quickly confessed to their crimes, so their cases were much simpler than this one,” he explained. He urged the public to keep their eyes on this case.

Ratchanikorn Lertwasana, 37, was sentenced to 15 days in prison and a Bt5,000 fine for blocking the gate on February 18, said a lawyer while quoting the Phra Khanong Court verdict on Monday.

As this was Ratchanikorn’s first conviction for an offence that carried a jail sentence, the court judge suspended the time to be served for one year so as to give her a second chance, said lawyer Anantachai Chaidech who represented this lawsuit’s plaintiff, the home owner sisters.

As Ratchanikorn had never been convicted to serve an imprisonment before, the court judge suspended the jail term for one year as to give her the second chance

Ratchanikorn was found guilty of two offences – a traffic violation for parking her truck on a public road in a manner that blocked a building entrance (punishable with a maximum Bt500 fine), and a criminal code violation for annoying or causing trouble to other persons before the public (punishable with a maximum one-month imprisonment and/or a maximum Bt1,000 fine).

As the offender should be punished according to the heaviest-punishment offence that she faced, the court ruled that a Bt500 fine imposed by police later in February was insufficient to settle the case. It then imposed the one-year suspended jail term and Bt5,000 fine.

Sisters Maneerat Saengpattarachote, 61, and Rattanachat Saengyoktrakan, 57, are being sued over causing property damage to the pick-up truck blocking their gate. The court session to interview witnesses was slated for March 7, 2019, their lawyer said.

Pol Lt Col Samart Chainarong said random checks among schools in Si Sa Ket, Yasothon and Nakhon Ratchasima this month found three schools where the number of students had allegedly been exaggerated.

At Kham Sakaesaeng School in Nakhon Ratchasima, new director Rangsiroj Palawat on November 22 allegedly reported 191 “ghost students”.

The Office of Basic Education Commission’s online database counts 1,510 students at that school, but there are in fact only 1,319, Samart said.

The PACC office expanded its investigation to all eight provinces in its jurisdiction, the others being Surin, Buri Ram, Amnat Charoen, Ubon Ratchathani and Chaiyaphum.

Samart said student numbers so far appear exaggerated at 10 more schools.

If the student body increases from less than 500 to the range of 500-1,499 students, the school director is eligible for transfer to a larger school.

Samart said the investigation was continuing and would try to determine why directors want those transfers, since it would not alter their salaries.

He suspected that postings to larger schools might bring other benefits, such as “tea money” kickbacks from parents seeking to place their children in the school.

He said public interest was keen and tickets have sold well for the final round set for December 17 at Impact Arena outside Bangkok.

Sharing the schedule, Weerasak said there would be a gala dinner reception at which souvenirs would be auctioned, followed by a tour of Chiang Mai, Lamphun, Krabi, Samut Sakhon, Suphan Buri and Chon Buri.

Ministry officials recently met their counterparts from the Interior Ministry and were liaising with provincial governors on preparations, he said.

The provinces were advised to arrange activities that would give the contestants exposure to local communities, food and culture that they could share with the pageant’s millions of followers around the world.

Weerasak declined to comment on a rumour that the contest was being cancelled due to a shortage of funds, other than to say he’d picked up no such signal.

He affirmed the ministry was ready to serve as a good host and welcome everyone involved.

The 67th Miss Universe competition is expected to earn millions of baht during tourism high season.

This is the third time Thailand has hosted the pageant, which was held here in 1992 and 2005.

Thais have won the crown twice – Apasra Hongsakula in 1965 and Porntip Nakhirunkanok (Bui Simon) in 1988.

Thailand’s representative this year is Sophida Kanchanarin.

A NETWORK OF e-cigarette users and importers have suggested that lifting the ban on smoke-free products and issuing appropriate regulations would be a more-effective measure to discourage people from smoking rather than selling cigarettes in plain packages.

The Public Health Ministry is in the process of announcing a new regulation requiring cigarettes to be sold only in plain packages, with 10 new pictures and warning messages designed by the ministry. The new regulation will come into force in 270 days after being published in the Royal Gazette.

Citing research that plain packaging helps reduce the craving for cigarettes, this new regulation will make Thailand the first country in Asia and 11th in the world to adopt “negative” packaging to discourage smoking, officials said earlier.

However, Maris Karanyawat, representative of the End Cigarette Smoke Thailand group [ECST], said plain packaging will do little to cut down on cigarette consumption, citing the number of smokers staying at 11 million over the past decade in Thailand despite the inclusion of warning pictures on packets since 2005.

“Thai laws [related to smoking] include severe punishment, but whether they can be really or seriously enforced is the problem,” he added.

ECST had earlier submitted 40,000 signatures in a campaign for legalising e-cigarette and suggesting that it be turned into a “controlled” rather than “banned” substance.

The Commerce Ministry has banned production, import, sale and consequently possession of e-cigarettes since 2014.

Maris met with concerned agencies late last month about lifting the ban, but came away without a resolution. However, the Commerce Ministry did say it will set up a panel to study the proposal’s feasibility, he said.

Meanwhile, Gerald Margolis, managing director of Philip Morris (Thailand), said revoking the ban on smoke-free products and appropriately regulating cigarettes will achieve more than selling them in plain packaging. He added that his company was not opposed to plain packaging, but was more focused on efforts to secure appropriate regulations for products that have been scientifically substantiated as being less harmful.

Gerald Margolis

He said Philip Morris International was working to create a smoke-free future, and that the priority of the company was to provide less harmful alternatives to adult smokers who will otherwise continue to smoke.

“Today’s issue is not about packaging, it is about the cigarettes inside that really cause harm when people light and smoke them,” he said

He cited statistics showing that in countries where smoke-free products are prohibited, such as Australia and Singapore, smoking rates have not changed significantly over the last several years despite increasingly aggressive regulatory and fiscal efforts.

By contrast, in countries where smoke-free alternatives are allowed, such as the UK, Europe Union, Sweden and Japan, smoking rates have dropped to historic lows, he added.

Margolis said regulatory measures for cigarettes should be complemented by policies that allow and encourage smokers to switch to better, smoke-free alternatives to cigarettes, he said.

Separately, the authorities will appeal against a ruling issued by the World Trade Organisation (WTO) against Thailand’s regulations on cigarette imports, Chaiyuth Khamkun, spokesman of the Customs Department, said.

The WTO dispute panel released a report two weeks ago, saying that Thailand had failed to implement the recommendations and rulings of the dispute settlement body to bring its measures into conformity with its obligations under the customs valuation agreement and the general agreement on tariffs and trade.

The issue concerns the valuation of cigarettes imported by Philip Morris (Thailand) from Philip Morris subsidiaries in the Philippines and Indonesia.

Philip Morris (Philippines) claims Thai tariff and customs measures for imported cigarettes were unfair. The dispute panel ruled in favour of Philip Morris (Philippines) in late 2010, saying Thailand’s taxation on Philippines’ tobacco exports was contrary to multilateral trading rules.

The warning follows an announcement by the Public Works and Town and Country Planning Department that more than 300,000 rai in Chon Buri, Rayong and Chachoengsao will be reallocated for industrial use under the new city plans to be released in coming weeks.

Academics and citizens point out that, unless the city plans better suit residents’ needs and geographical features, the abrupt changes in land use would trigger environmental and social problems.

Monton Sudprasert, Public Works and Town and Country Planning Department director-general, said 214,000 rai in agricultural use in the three provinces would be re-coloured on zoning maps a light purple in preparation for the EEC’s future industrial expansion.

If combined with the 24 Industrial Promotional Zones already designated, more than 300,000 rai – about 3 per cent of total 8.3 million rai in the three provinces – would be earmarked for industry.

“The light purple zone in the new city plans is intended to accommodate future investments, so most of it is clustered around the existing industrial zones to make it easier for industry to expand,” Monton said.

“These areas already have all of the necessary infrastructure, including wastewater-treatment facilities, and that should ensure that new industry’s impact on the environment is minimised.”

Monton said the city plans would also enlarge areas shown in yellow and designated for residential and commercial use ready to serve the EEC’s planned “smart cities”.

“The new light purple and yellow zones will only be designated where the land is infertile and worthless for farming, while arable farmland will be preserved as a ‘green’ agricultural zone, so the public need not worry about the shrinking green zones in the new city plans,” he said.

However, Somnuck Jongmeewasin, a Silpakorn University lecturer and member of EEC Watch, called the land use changes worrisome.

“If the new city plans are enforced, it will trigger a time bomb in terms of the land-grab problem, because the plans will kick off industrial development in the previously protected green agricultural zones,” Somnuck said.

Developers grabbing farmland

He pointed out that much agricultural land had already fallen into the hands of developers even though the original owners were still allowed to farm. No industrial development had yet begun because the farmland remained protected under the existing city plans.

“The colour changes in the new city plans will unlock this restriction and the farmers on these lands will be displaced and become landless,” he said.

Earlier reports indicated that land agents moved swiftly when the government announced the EEC development project to secure significant amounts of agricultural property for resale to industrial interests.

Many farmers had lost their land even before, after falling victim to local loan sharks. They have thus far been allowed to continue living there and farming, but only as tenants.

Rangsit University rector Arthit Ourairat also urged the government to reconsider the EEC development plan and changes in land use once it has consulted residents and academics. All stakeholders should be able to derive some benefit, he said.

In an open letter to the authorities, Arthit pointed out that the change in land use in many areas, especially in the Bang Pakong River floodplain in Chachoengsao, which he said is more suitable for farming, would conflict with geographic features and economic potential.

He said most of the Industrial Promotion Zones cover existing industrial estates, which are full of polluting industries contrary to the stated EEC aim of promoting 10 types of “clean, modern” industries.

Arthit urged the authorities to make sure that the development took into account residents’ needs and wishes.

To ensure that farmers do not end up landless, he suggested the government finance communal land deeds that could not be resold so that the community itself could manage its remaining land.

Industrial expansion in EEC

Declared Industrial Promotional Zones:    95,409 rai

Rayong:    56,170 rai

Chonburi:    38,398 rai

Chachoengsao:    814 rai

Industrial zone for new investment:    214,000 rai

Land use in EEC provinces (as of 2016)

Rayong    2.22 million rai

Urban and industry    293,445rai (13.22 per cent)

Farmland    1.563 million rai (70.39 per cent)

Forestland     175,871 rai (7.92 per cent)

Water     81,271 rai (3.67 per cent)

Other     106,369 rai (4.8 per cent)

Chonburi    2.726 million rai

Urban and industry    558,935 rai (20.49 per cent)

Farmland    1.628 million rai (59.73 per cent)

Forestland     303,903 rai (11.14 per cent)

Water     67,207 rai (2.47 per cent)

Other     168,254 rai (6.17 per cent)

Chachoengsao    3.334 million rai

Urban and industry    225,360 rai (6.75 per cent)

Farmland    2.367 million rai (70.78 per cent)

Forestland     543,972 rai (16.27 per cent)

Water     98,243 rai (2.97 per cent)

Other     109,204 rai (3.26 per cent)

Sources: Eastern Economic Corridor Office and Land Devlopment Department

The suspects – identified as Krongkaew Khamtha, 32; Chotika Kerdkilian, 32; and Korean national Kisik Eum, 49 – were arrested on Friday and have reportedly confessed to having lured at least 30 Thais to work illegally in South Korea over the past five months, Surachate said. They were charged with illegally supplying Thai workers to work in another country without permission (punishable with three to 10 years in jail and fines of between Bt60,000 and Bt200,000), public fraud and violating the Computer Crimes Act (providing false information to the public).

Surachate said Krongkaew’s job was to post vacancies on social media, collect airfare from prospective employees and get them “trained” in Pattaya, after which the Korean man would test the prospects to see if they could work in South Korea. Once the quota of wanted workers was filled, Chotika would issue plain tickets and have them board their flight at Suvaranabhumi. On the other side, the workers would be collected by South Korean accomplices and put to work. The workers’ initial priority was to cover the Bt55,000 recruitment fees.

In a separate case, Surachate also announced the arrest of Theerapat Sothong, 23, who was nabbed on Saturday as per an arrest warrant issued by Chon Buri Court for allegedly duping three individuals out of nearly Bt200,000 by offering jobs in South Korea via posts on Facebook.

One of the victims was a woman, who was lured to meet the man at a resort on November 19 to pay Bt10,000 for the job application. However, the suspect allegedly raped the woman and locked her up in a toilet before fleeing with the money.

Theerapat was initially charged for violating the Computer Crimes Act, public fraud, rape and illegal detention, Surachate said.

Jobs in South Korea have long-been popular among Thais, prompting some profit-seekers to open online recruiting agencies. Apart from this, some community pages also offer information about jobs available in South Korea – where the minimum wage is a lot higher than in Thailand – and even tips on how to avoid arrest.

Many Thais have been heading to South Korea with the hope of getting jobs and becoming undocumented workers, known as phee noi or “little ghosts”.

Some 188,000 Thais are believed to be working in South Korea, but only 66,011 hold proper work-permits. The rest have either overstayed their tourist visa or are working illegally, Labour Minister Pol General Adul Sangsingkeo said. In early October, he called on illegal Thai workers to come forward voluntarily and return by March 31 in order to avoid being blacklisted by South Korean authorities.