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Opinion

Opinion: Need for more speed in court proceedings

Legacy Phuket Gazette

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Sakun Suanpharn, 53, originally from Uttaradit, took up the position of Chief Judge of Phuket Provincial Court on April 1 last year. Judge Sakun earned a Bachelor’s of Law, Barrister-at-law from Ramkhamhaeng University. Before coming to Phuket, Judge Sakun served as Chief Judge of Yala Juvenile Court, following more than 20 years’ experience after graduating from university.

Here, he explains why it is important to stay on top of cases and close them in a timely manner, despite having only a small number of judges taking on thousands of cases.

PHUKET: It is very hard work to be a judge in Phuket. Our court is overloaded, with the number of cases to be heard having risen to more than 13,000 over the past year. We have only 21 judges to take care of all of these cases.

Our court is already booked up with hearings through February of next year.

About 80 per cent of all Phuket court cases involve drug offenders, followed by incidents of theft and other types of criminal cases.

Civil cases in Phuket, however, are quite different from those in other provinces, as we have many cases involving land disputes. Land in Phuket is much more valuable and expensive than land in other provinces, and becoming a landowner in Phuket is complicated. This is why land dispute cases take a very long time to work out in court.

Litigants in these cases are willing to take their cases to the Civil Court, the Appeals Court and even the Supreme Court – it ends up being a long and drawn-out process.

When I first took up this position a year ago, there were nearly 500 cases that had been in the court process for a while already. This backlog is a result of defendants and plaintiffs not presenting their witnesses to the court, and the ever-increasing number of new cases that need to be heard piling up on top of the old ones.

I came into this job well aware that it was going to be difficult, as there were so many old cases to be closed and new ones to be taken on.

The first thing I told all of the judges and court staffers when I first started was that I was here to work. They can either love me or hate me – I will accept it. Being loved is better, but love is only an emotion, and it would be forgotten after my time here had passed.

I made it my goal to not hold on to cases for unnecessary lengths of time. It is essential to close cases as quickly as possible so that we can handle the new ones. I have pushed my judges hard over the past year to do just that.

My policy was to push for defendants and plaintiffs to be responsible for bringing their own witnesses to testify in court. We do not have enough staffers available to do this for them, and I did not allow either party in a case to leave that task to our staff.

My rule was that if any party failed to bring a witness to court, the witness testimony would be dismissed. Either they ensure the witnesses come to court to be heard, or they lose the chance to use the witness. This makes the court process much faster. Judges are allowed to dismiss witness testimony, but if they must extend a case, they have to inform me and I will make the final decision.

I told my judges that we are like boxing referees. The match is set for five rounds. After five rounds, it is over. We are the ones who set the rules for the litigants; they do not control us and tell us what to do. Each case must be closed as efficiently and swiftly as possible.

As a result of this policy, we have cleared out a huge amount of ongoing cases. Only 10 per cent of them are left. This is an impressive feat, as we have managed to do this on top of handling incoming cases.

 

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Archiving articles from the Phuket Gazette circa 1998 - 2017. View the Phuket Gazette online archive and Digital Gazette PDF Prints.

Opinion

PM takes over Thailand’s vaccine roll out. Public Health Minister found under bus – OPINION

Tim Newton

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OPINION

I went to register my name at a local private hospital in Phuket last Saturday for a place in the Covid vaccine queue. It was at the Bangkok Hospital Phuket. The first response from the reception area after the customary welcoming wai was “do you have insurance?”

I said yes, but that was not relevant to why I was here. I explained that I wanted to put my name on their Covid vaccine register as a former patient and enquire as to when they might expect to get deliveries of a vaccine.

The answer was clear. “I don’t know, nobody knows”. And, as far as we currently understand, that answer was correct.

For foreigners in Thailand, unless they happen to work for companies with “connections” or perhaps a public service that was earmarked in the first roll out of vaccines, the vast majority are doing more damage from scratching their heads at the moment.

We’ve contacted the Provincial Phuket Office in Phuket, and been told the same thing. Or “register at your hospital”.

The Thaiger has published numerous articles about the apparent vacillation of the government in regards to allowing private companies and hospitals to acquire their own stash of vaccines. First they could, then they couldn’t, then it was a “misunderstanding”, and then they could again, about 2 weeks ago.

But not ONE private hospital in Thailand currently has access to its own stocks of an approved Covid 19 vaccine. Not even unapproved vaccines, as far as we can tell. The Thai government are still putting up paperwork and red tape barriers preventing any private solutions to the country’s vaccine roll out.

Now I use the term “roll out” carefully. Because there hasn’t been a lot of rolling. There’s no doubt once the vaccines arrive on site there are plenty of front line doctors and nurses, and local organisers, who can efficiently and diligently administer the doses. That’s happened twice in Phuket and has now resulted in some 70,000 local people vaccinated. It’s happened in other places as well. But there’s certainly been no “military” precision (which you’d think these guys would be good at).

Somewhere between a current shortage of available vaccines, generally, and the Thai government being forced to sign off on any private orders, there has been no movement on the “private vaccine” front.

Dr Suwadee Puntpanich, a director at the Thonburi Hospital Group, told the Thai Enquirer that it’s currently “impossible for the private sector to bring in vaccines due to the government’s inaction”.

“We have sent numerous applications for vaccines to the Ministry of Public Health, to the minister, to the permanent secretary and have received no response”.

Given that the private medical sector would have contacts to negotiate and import drugs from international pharmaceutical companies, you’d think they’d be the government’s first phone call. But no. The government have established their own supply chains, dragging out the process until now we this third wave in Thailand and a vaccine roll out way behind peer nations and most of the rest of the world.

Last night the Thai PM decided to take control of the Kingdom’s vaccine roll out.

The Cabinet yesterday agreed to designate PM Prayut as the chief authority with responsibility for all decisions related to the pandemic. He will have sole responsibility for the country’s Communicable Disease Act, the Immigration Act, National Health Security Act, and the Medical Equipment Act, as well as several others. Critically, he will now be responsible for the procurement and distribution of vaccines, essential to combatting the outbreak in Thailand.

There has been some quite public friction between the PM and his outspoken Public Health Minister Anutin Charnvirakul in recent weeks. This decision to take over the decision making in Thailand’s public health sphere is the equivalent to throwing his Bumjaithai party political partner under the bus.

Last week there was loud calls from opposition parties and social media for the resignation of the public health minister. Everything, from the shortage of hospital beds, the lack of vaccines, the decision to let Songkran go ahead, largely unfettered, and a slow reaction to the current outbreak have all fallen on the desk of Anutin.

The PM’s taking over of decision-making for Thailand’s public health at the moment may be an indication of strong, determined leadership. It’s also risky with Anutin pulling the strings on a rump of MPs that secured the PM his majority in the lower house following the 2019 general election.

A petition hosted on Change.org, demanding the resignation of Public Health Minister Anutin, has surpassed an initial target of 200,000 signatures. The target has now been increased to 300,000. 211,600 signatures have already been collected.

Also, as of this morning, the requests for signed paperwork from Thailand’s private hospital sector have remained unsigned.

 

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Tourism

Thailand’s 3rd wave wreaks havoc on the Tourism Restart Plan – where are we now?

Thaiger

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PHOTO: Empty beaches of Hua Hin - AJ Wood

OPINION by Andrew J Wood

Thailand Ministers ponder the next steps to re-start it’s massive tourism industry, initially set for July 1, 2021 in Phuket. The plan may need to be overhauled as Phuket struggles to immunise the whole island in the wake of the third wave of hotspots. Phuket, prior to the third wave had already secured more than 100,000 doses and planned to receive an additional 930,000 doses by June.

This would be enough for 70% of the population – the target needed to achieve herd immunity. The spike in Covid-19 cases has interrupted this plan, as vaccines must also be allocated to other provinces urgently to help fight the latest outbreaks.

Not deterred, the Tourism and Sports Minister Pipat Ratchakitprakarn said he plans to meet next week with all relevant agencies to discuss the reopening plan, previously set for July this year. Eighteen provinces have now been declared red zones, with a partial lockdown and stay at home order. The alert warning was also raised across the rest of the country to orange, in all the remaining 59 provinces many of which had previously been green and considered safe.

Deciding to ignore expert warnings, the government allowed the Songkran holidays to go ahead, even adding an extra day. However no mass gatherings or water splashing were allowed.

(Songkran is the Thai New Year celebration which typically lasts 3-4 days, leading to a mass exodus of cities like Bangkok).

Last year, due to Covid-19, the holiday was cancelled. As a result of the holiday this year, a few outbreaks in Bangkok allowed the virus to spread widely. The Bangkok outbreaks centred on entertainment places; restaurant-pubs and nightclubs around the Thonglor area, plus a high-society wedding at a new riverside hotel, whose guest list included a number of government Ministers and prominent business leaders.

The Covid virus from these few hotspots were quickly spread throughout the whole country, as people returned to their homes for the holidays. Unfortunately this was a perfect storm for spreading the virus. Up until this point, since the beginning of the pandemic, Thailand had only recorded 28,889 cases and 94 deaths as at April 1, 2021. Eighteen days later this has risen to 43,742 cases and 104 deaths. An increase in cases of 51%.

During my recent visit to Hua Hin, empty beaches were very much in evidence already with the third wave leading to mass cancellations. Some resorts, previously 70-80% occupied, saw domestic arrivals decimated. Already hurting from a lack of international visitors, this latest outbreak was a most unwelcome guest.

The question of re-opening Thailand to Tourism, starting with Phuket, has obviously taken a knock backwards.

“The key determinant is insufficient vaccines, we are concerned about the re-opening timeline. We still need to discuss the vaccine administration plan. If the herd immunity goal cannot be achieved, we may have to consider opening only certain areas in Phuket”.

However, to continue with the same plan, even with restricted zones, will not be easy as long as the country still has increasing new daily infections, said Minister Pipat.

“Most importantly, we still have to hear from other countries that we already started travel bubble negotiations with about their confidence regarding the same timeline.”

Like Hua Hin, hotels in the North reported cancellations of more than 70% with Chiang Mai a cause for concern and currently experiencing increased coronavirus cases. Prior to the pandemic, the province was a popular destination to celebrate Thai New Year.

Regrettably Minister Pipat is in self-quarantine after being in close contact with Transport Minister Saksayam Chidchob, who was diagnosed with Covid-19. The Minster fortunately has already received his first vaccination jab last month (AstraZeneca) and will remain in isolation until next week when all tests are complete (3 swab tests).

ANDREW J WOOD

Andrew J Wood was born in Yorkshire England, he is a professional hotelier, Skalleague and travel writer. Andrew has 48 years of hospitality and travel experience. He is a hotel graduate of Napier University, Edinburgh. Andrew is a past Director of Skål International (SI), National President SI Thailand and is currently President of SI Bangkok and a VP of both SI Thailand and SI Asia. He is a regular guest lecturer at various Universities in Thailand including Assumption University’s Hospitality School and the Japan Hotel School in Tokyo.

The content of this article reflects the writer and does not necessarily reflect the editorial stance of The Thaiger.

 

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Coronavirus (Covid-19)

A Thailand Covid update that you won’t read in the news

Tim Newton

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Tim Newton goes through some of the moving goal posts regarding Thailand’s Covid situation RIGHT NOW. Vaccines for expats, what will happen after Songkran, provincial restrictions, new quarantine requirements. Reading the tea leaves and reading between the lines, Tim provides his personal opinions on many issues expats and foreigners in Thailand are worried about at this time.

 

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