AFTER LOSING THEIR DAUGHTER, THEY NOW FACE A HEARTBREAKING LEGAL DILEMMA – THAILAND’S ‘BL00D MONEY’ RULE ADDS A CHILLING TWIST TO THE SUITCASE MU-RDER CASE
An Australian truck driver accused of murdering a Thai teenager could walk free in as little as seven years, even if he is found guilty, if he reaches a compensation agreement with her grieving family.
Simon Carman, 45, is currently behind bars in Pattaya Remand Prison after police charged him with the murder of Tunchanok Donhomla, 17, after he allegedly hid a suitcase containing her body in long grass near railway tracks.
Carman, from Perth‘s southern suburbs, was arrested at Bangkok’s main international airport on Friday while ‘preparing to flee the country’ by boarding a flight back to Australia.
He denies murder and claims he acted in self-defence, with local police indicating investigations are ongoing.
While Thailand retains the death penalty for the most serious offences, Daily Mail can reveal Carman could serve just a short stint in prison if he pleads guilty and reaches a compensation agreement with Ms Donhomla’s parents, Thongchai Donhomla and Oradee Bussarakum.
Police sources close to the investigation said negotiations over financial restitution are expected to take place as the case progresses and could play a significant role when the court determines Carman’s sentence.
‘The family will be approached and asked what compensation they would accept,’ the source said.
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Tunchanok Donhomla, known as Cake, with her father Thongchai Donhomla and stepmother Oradee Bussarakum
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Simon Carman was arrested after allegedly murdering the 17-year-old in Pattaya
It is not suggested they would accept compensation, only that it is a part of Thailand’s legal system.
‘They can name an amount, so they may ask for one million baht (about AU$43,000), and Simon can either agree or make a counter-offer,’ the source said.
‘The discussions can continue until an agreement is reached. Then it must be paid.
‘The family can then tell the court they have accepted the compensation as an apology and ask that he not be dealt with too harshly.’
One million baht is an enormous sum in Thailand and is equivalent to around eight years’ wages for someone earning the country’s provincial minimum wage of around 337 baht ($14.60) per day
The source said Carman’s plea would also be a critical factor in how long he spends locked up in a country that boasts some of the world’s most toughest jails.
‘If he pleads guilty, he can receive a 50 per cent reduction in sentence,’ they said.
‘If he also reaches an agreement with the family, that can carry considerable weight in the Thai justice system That can be up to 90 per cent off a sentence. In a case like this, he could be released in as little as seven years.’
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The teenager had only been on Pattaya for about two weeks before her death
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The girl’s distraught parents travelled to Pattaya from northern Thailand to collect her body
Under Thai law, compensation does not prevent prosecution or guarantee a reduced sentence. However, judges can take a defendant’s guilty plea, genuine remorse and financial restitution paid to a victim’s family into account when determining an appropriate penalty.
The practice fell under international scrutiny after Red Bull heir Vorayuth Yoovidhya, who was accused of killing a motorcycle police officer in a 2012 hit-and-run in Thailand, paid compensation to the officer’s family before charges against him were dropped years later.
The decision sparked widespread public outrage, fuelling allegations that Thailand’s justice system favoured the wealthy.
On Thursday, prison chiefs told the Daily Mail that Carman had been completely emotionless since his arrest and hadn’t shed a tear for himself or his alleged victim.
His family have not visited him since his arrest, and have made no arrangements to do so, and he has not even been visited by any local ex-pats or friends.
Carman was moved from the police station holding cells to the Pattaya Remand Prison hospital wing on Tuesday, but is being kept away from the main jail population for safety reasons.
Pattaya Remand Centre follows a strict daily routine starting with a 5.30am wake-up.
Inmates then have around 30 minutes to wash and clean their cells before a basic breakfast, followed by an 8am assembly, which often includes the national anthem.
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Vorayuth Yoovidhya was accused of a Thai hit-and-run and caused outrage after he allegedly paid his way out of trouble
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Policemen examine a damaged Ferrari at the home of the late Red Bull founder Chaleo Yoovidhaya in Bangkok September 3, 2012
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Pattaya Remand Prison where authorities say Carman has no visitor requests
Pre-approved visitors are permitted Monday to Friday between 9am and 2pm, although time slots can be as short as 10 minutes.
Daily Mail can reveal that Carman, who will not be permitted visitors for the next ten days, has had no requests for visits from himself or his family.
Carman can be kept at Pattaya Remand Prison for a maximum of 84 days while detectives continue to build their case and gather evidence.
Police say that Carman is co-operating.
SOURCE: https://www.dailymail.com/news/article-15947577/Australian-Thailand-suitcase-murder-Carman-prison.html?ito=social-facebook_Australia&ito=social-facebook_Australia&fbclid=IwY2xjawSz9OBleHRuA2FlbQIxMABicmlkETBRRk1HSUdaVldZNk9ZSmNGc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHqjyeKPXZdwHaTc7Q2nnT-oHHe-BSzq04Bec9vWUdZjqggHLA-xC_EAI_6BV_aem_CeaMeD6BhyJ5LHbduWrpJg
