Car goes slower as case gets older

[reader]

From Bangkok Post

New witnesses key to charges being dropped

New specialist and motorist witnesses who made statements that Vorayuth "Boss" Yoovidhya did not drive his Ferrari over the speed limit and that the policeman who was killed abruptly cut in front of his vehicle are the key factors which convinced prosecutors to drop charges against the Red Bull scion.

In a leaked document outlining public prosecutors' reasoning for their decision to drop the charge against Mr Vorayuth of reckless driving causing death, information from the new witnesses was given more weight than previous evidence, including forensic results.

The document said Nate Naksuk, chief justice of the Department of Appealate Litigation in his capacity as acting attorney-general, signed the order to drop the charge.

After the statute of limitations of three charges expired, the National Legislative Assembly's committee on justice and police affairs petitioned the Office of Attorney-General (OAG) for a fair investigation over the last charge, prompting the attorney-general to step in.

Mr Nate reviewed the investigation results and came to the conclusion the new evidence presented enough grounds to revoke the previous indictment order.

Based on a statement given by a police major who initially examined the speed the suspect's Ferrari was travelling at -- an average of 177 kilometres per hour at the time of the hit-and-run -- the margin for error was 17km/h.

The speed was beyond the legal limit of 80km/h and this led prosecutors to determine that Mr Voratyuth was driving recklessly and indicted him on the charge of reckless driving causing death of which the statute of limitation would last until 2027.

Two new specialist witnesses, police majors, inspected the damage to the Ferrari and the victim's motorcycle, compared it to other accidents, and agreed the Ferrari could not have been travelling at 170km/h at the at the time of the crash and was not exceeding 80km/h.

Another specialist who is a university engineering lecturer was brought in to calculate the speed of both vehicles involved in the crash in 2017. He told investigators the Ferrari was likely travelling at 76.175km/h.

In December last year, two other witnesses were interviewed. They told investigators they were driving behind the suspect and the victim just before the accident happened.

The victim was travelling at no more than 20km/h [as shown in CCTV footage] while Mr Vorayuth was driving between 50-60km/h.

The statements from these two witnesses echoed those of the specialist witnesses, leading investigators to conclude the Ferrari was travelling at under 80km/h in the far-right lane.

Prior to the crash, the victim's motorcycle, which was in the far-left lane, abruptly changed lanes. One of the witnesses who was driving a pickup truck at the middle lane had to brake and managed to swerve to the left to avoid hitting the motorcycle. According to his statement, the motorcycle then changed lanes and cut in front of the Ferrari in the far-right lane, causing the Ferrari to crash into the motorcycle.

Prosecutors said the crash was a "force majeure" and that "the victim's reckless driving contributed to the crash".

The prosecutors concluded the crash was not caused by reckless driving on the part of the suspect and the suspect did not commit an offence under Section 291 of the Criminal Code.

The decision reversed the prosecutors's earlier decision to indict. The family of the victim reached a compensation agreement with the suspect.

[vinapu]

Very fitting tittle of this thread

[reader]

From The Thaiger

Key witness in the Vorayuth “Boss” Yoovidhya case dies in motorbike incident

One of the key witnesses of the 2012 hit and run incident, involving Red Bull heir Vorayuth “Boss” Yoovidhya, died this morning as a result of a motorbike incident in Chiang Mai. He was one of two main witnesses identified by police in the case.

The incident happened this morning just after 2am in the main city area of Chiang Mai, involving 2 motorbikes. Both riders were injured in the collision, sustaining serious injuries. But 40 year old Jaruchart Martthong was later pronounced dead after being rushed to hospital.

Police claim that CCTV footage shows that Jaruchart tried to overtake a second motorbike, lost control and crashed. Alcohol was found in blood samples of both drivers, according to a police statement. The name of the other driver involved in the incident has not been released at this time.

Jaruchart Martthong was from Chiang Rai and identified by police as one of two key by-standers who witnessed the hit-and-run collision involving “Boss” Yoovidhya, grandson of Chalerm Yoovidhya, the co-founder of energy drink empire Red Bull.

47 year old policeman Wichian Klanprasert was riding his motorbike on September 3, 2012 in Thong Lor Bangkok, when the Ferrari, driven by Boss, collided into the back of his bike and dragged him around 100 metres along the road. Boss eventually admitted to be driving the car at the time after the Yoovidhya family’s chauffeur initially claimed he was driving the Ferrari.

Last week, it came to light that the Office of the Attorney General decided to drop the ‘reckless driving, causing death‘ charges in the case. One of the main reasons behind the charges being dropped was the alleged testimony of Jaruchart and a second major witness, who is still alive.

The man’s death comes in the middle of a reassessment by a team of prosecutors who have been reviewing the decision by the office of the Attorney General to drop charges against Boss. The committee said the findings of the review would be published by August 4. Jaruchart’s death could significantly impact the case at this time as his testimony will not be able to tested in court or questioned by investigators.

His testimony alleged that Boss was not speeding during the incident, contradicting the earlier forensic evidence and investigations at the scene of the accident.

[vinapu]

Reuters reports that Prime Minister ordered review the case  and second autopsy of Mr. Jaruchat as he wants to clear suspicions about that death and the case in public mind.

[reader]

From CNN

The Red Bull heir, a crashed car and the scandal that angered Thailand

Before dawn on September 3, 2012, a roaring black Ferrari struck a police motorcycle in downtown Bangkok, knocking the officer to the ground and dragging his body down the darkened street before speeding away.

According to police, a trail of oil leaking from the sports car led investigators to the luxury home of one of Thailand's wealthiest families, the co-owners of the Red Bull energy drink empire.

The man driving the Ferrari, police say, was Vorayuth "Boss" Yoovidhya, the heir to a family fortune that Forbes estimates to be worth $20.2 billion.

 

Vorayuth was subsequently charged with five criminal counts, including speeding, hit-and-run, and reckless driving causing death, but the case stalled for years as the billionaire scion repeatedly missed or postponed prosecutors' summonses. Authorities believe he left Thailand in 2017.

 

For years, the family of the police officer killed in the crash, Sgt. Major Wichien Klanprasert, were left in limbo.

 

Then on July 23, Colonel Sampan Luangsajjakul of the Royal Thai Police confirmed that the Office of Attorney General (OAG) had decided to drop all charges against Vorayuth, who police have confirmed was aged 30 at the time of the accident, not 27 as they previously said.

 

The decision to drop the charges thrust the case back into the spotlight — and angered Thais who have long felt that the country's legal system unfairly favors the rich.

 

Some called for a boycott of Red Bull products. Others said the decision not to prosecute Vorayuth was the latest and most blatant confirmation of a perceived culture of impunity of the elite in Thailand.\

 

Continues at

https://www.cnn.com/2020/08/11/business/red-bull-heir-intl-hnk-dst/index.html

[reader]

From The Nation

Commander pressured forensics team to reduce Boss speed estimate’

The independent inquiry into the case against Vorayuth "Boss" Yoovidhya is focusing on a police forensic scientist’s claim that he was pressured to reduce the estimated speed of Vorayuth’s Ferrari when it hit and killed a policeman in 2012.

Pol Col Thanasit Taengchan of the Police Forensic Science Office said a high-ranking commander had brought Saiprasit Kerdniyom from King Mongkut's Institute of Technology North Bangkok to convince him to lower the speed from 177 kilometres per hour to 79.22kph – just under the speed limit.

Meanwhile, a group of police forensic scientists have sent a letter to the media saying that Thanasit and other forensic team members who are accused of changing the evidence, were forced to do so by the commander.

The letter alleged the commander was a retired official in the post-coup National Legislative Assembly’s committee on law, justice and police affairs.

 

[vinapu]

that's encouraging that there are still honest and brave people in the police force , after all one killed was policeman himself and his colleagues can't be expected to help with cover up

[reader]

From The Thaiger

Bad news for Boss as Thai prosecutors put him back on the ‘wanted’ list

3 weeks ago Vorayuth “Boss” Yoovidhya must have thought it was Christmas after charges him were dropped by the Office of the Attorney General (for reasons that still remain a mystery), and then police said he was free to return to Thailand. That’s now all changed and the fugitive now finds himself a wanted man again with some charges reinstated and a few more added.

Evidence of cocaine abuse emerged last month. Upset with the decision not to prosecute Vorayuth, a lawyer released results of a blood test taken by the Red Bull heir following the hit-and-run incident. It came back positive for metabolytes showing cocaine abuse.

Amid the prevarication and confusion, Thailand’s justice system has again shown itself to be a unpredictable beast when it comes to its uneven approach to justice, depending on your family name and who you know.

Vorayuth was facing a slew of charges back in 2012 after his family-owned Ferrari hit a 47 year old motorcycle policeman, at speed, in Thong Lor, Bangkok. Boss avoided facing courts 8 times before eventually fleeing the country in 2017. He was 27 years old at the time of the incident and has kept a low profile whilst living as a wanted man overseas.

Now police are attempting to bring 2 charges against Boss… reckless driving causing death and illicit use of cocaine, the latter only coming to light in recent weeks. Thailand’s National Police Commissioner says he will oversee the fresh investigation himself, trying to wind back some of the poor worldwide PR the Thai police force and justice system has received over the matter.

No fewer than 4 Senate committees and a fact-finding committee set up by PM Prayut Chan-o-cha have forced a back-flip from the Attorney general office and the resignation of the deputy AG. In June, police endorsed the OAG’s decision to drop all charges against the Red Bull heir and part of the rich and powerful Yoovidhya family.

With public anger over the matter becoming a major PR problem for the government, PM Prayut moved to set up the fact-finding panel, led by respected graft-buster Vicha Mahakhun.

Meanwhile, the OAG and police have launched their own internal investigations into how Boss was going to be allowed to walk free. This probe concluded that 14 policemen might have been guilty, 11 of whom have already been implicated by the National Anti-Corruption Commission over the handling of the case. Then you can add the assistant national police chief Pol Lt-General Permpoon Chidchob, a younger brother of influential veteran politician Newin Chidchob.

Though Permpoon signed an order endorsing the OAG’s decision to drop the Boss case, he claims he was just following protocol.

Prosecutors, meanwhile, are now trying to see how they can track down Boss and prosecute the charges. The statute of limitations on 4 other possible charges… drunk driving, speeding, reckless driving causing damage to another person and fail to stop to aid the victim, have already expired.

he decision to drop the charges was not even initially reported in Thailand. Instead it appeared on CNN and the matter then became a scandal in Thailand with almost universal outrage on social media, forcing the PM to take decisive action. The Yoovidhya family was also forced into publishing a half-hearted public statement from their main company, distancing themselves from the errant Red Bull heir.

[reader]

From Bangkok Post

Court approves new arrest warrant for Red Bull scion

The Bangkok South Criminal Court on Tuesday approved an arrest warrant for three charges against Red Bull scion Vorayuth “Boss’’ Yoovidhya based on new evidence in a fatal hit-and-case in 2012.

The three charges were reckless driving causing death, failing to help a victim after a crash and cocaine abuse.

Pol Capt Pichapai Srikhamkhwan, deputy investigation chief at Thong Lor police station, on Tuesday asked the court to issue the warrant for the arrest of Mr Vorayuth based on new evidence — testimony given by experts and examination of cocaine use, Thai media reported.