Saturday, July 07, 2007

Article analysis: Father of Benz driver warns he will take legal action

Note this case will note receive any astute insights or comments from me. Rather I have used it as a true example of "real life Thailand" for it refects the gap between the upper and lower classes not only in terms of income but in terms of influence, atitude and perception in the law.


Published on Jul 6, 2007 in The Nation

Benz driver mows down 3 people, killing one, after incident with bus

Police are preparing to press a premeditated-murder charge against a 20-year-old man who swerved his Mercedes-Benz car into a crowd of people on a footpath in Bangkok shortly after he attacked a bus driver with a rock on Wednesday night.

The incident critically injured three people, one of whom died yesterday.

I'm sure any sane person would feel huge sympathy for victims of this tragic accident. Sadly road deaths are commonplace in Thailand.

The driver was identified as Kanpitak Pachimsawas. He is a son of former Miss Thailand Savinee Pachimsawas, 42, and Kan-anek Pachimsawas. Kan-anek's elder brother is Lt-General Ukrit Pachimsawas, a former assistant commissioner of the Royal Thai Police.

There are three factors here that distinguish this case. The first is the fact that the accident was deliberate and in full view in a tourist area, the second is that it was a 'high society' young man driving the car, the third is, of course, the fact that his mother is a former Miss Thailand.


The driver was identified as Kanpitak Pachimsawas. He is a son of former Miss Thailand Savinee Pachimsawas, 42, and Kan-anek Pachimsawas. Kan-anek's elder brother is Lt-General Ukrit Pachimsawas, a former assistant commissioner of the Royal Thai Police.

That last clause is crucial. Need I say more?

After he swerved his car into the crowd and ran over three victims, witnesses attacked him. As of yesterday, Kan-anek said his son was crying all the time and was depressed.

"He has suppressed his feelings since he was young. He often became stressed out and hospitalised," Kan-anek said.

The father said his son had recently lost consciousness and was sent to hospital. "He has suffered from stress relating to his girlfriend and his mum," he said.

He said he had taken care of Kanpitak from Monday to Friday, while Savinee had taken care of him on weekends. "From now on, I won't let my son drive. He will also enter the monkhood in dedication to his victims," Kan-anek said.

The father also expressed deep condolences to the victims and offered to compensate them

These comments will be met with a contrast later on, as we shall see.

Adisorn reckoned that Kanpitak had an underlying disease that made him unable to control himself. "We have to check his health history and interrogate doctors," Adisorn said. Galaya Rajanagarindra Institute director Dr Sirisak Thitidilokrat said Kanpitak had paid three visits to the institute as an outpatient.

"The first time was on March 9 and the last time was in April," he said.
However, Sirisak declined to disclose any further details because he needed to protect the patient's rights. The institute treats people with mental problems.

On Wednesday night, Kanpitak complained to Pol Sgt-Major Nukool Dechaphan that a bus had brushed against his sedan. "I flagged down the bus," Nukool said.
The bus stopped and Nukool was about to examine the vehicles when he heard Kanpitak fighting with bus driver Sathaporn Arunsiri, 37.

Sathaporn yesterday testified to investigators at Thonglor police station that he was checking on the Benz sedan when Kanpitak banged his face with a rock.
"I became groggy and then saw the man banging his Benz into the crowd," Sathaporn said.

The bus driver insisted that his vehicle did not brush with Kanpitak's luxury car. He believed the young man might have misunderstood what had happened.

"I have been driving for seven years and I have never been involved in any accident," Sathaporn said.

Fare collector Somjit Klaewkla stood by Sathaporn's account. "Our bus didn't do anything. There was no brushing accident," she said.

She said some passengers pointed their fingers at Kanpitak and used their camera phones to photograph his face after they were asked to get off the bus. When a bus is involved in an accident, passengers have to get off and wait for a new bus to come.
"I believe the man got angry and therefore swerved his car into where we were standing," Somjit said. She said she had sustained only minor injuries. Another survivor, Ratchanee Jiew, 58, also said the bus did not brush against any vehicle.

If these facts are found to be correct, this sounds like a brutal and shocking incident.

She said some passengers pointed their fingers at Kanpitak and used their camera phones to photograph his face after they were asked to get off the bus.

When a bus is involved in an accident, passengers have to get off and wait for a new bus to come.

"I believe the man got angry and therefore swerved his car into where we were standing," Somjit said. She said she had sustained only minor injuries.

Another survivor, Ratchanee Jiew, 58, also said the bus did not brush against any vehicle. Sathaporn also told police that a man, who identified himself as the father of the car's driver, threatened to harm his wife and children. "He said he knew many senior police and military officers. The threat was made in front of police officers. I am scared," Sathaporn said.

Why would this woman have reason to lie? If the allegations are true, they cause great concern. We can all understand the reactions of a father who has just heard devastating news might be in denial, but is that what we are seeing allegedly in this case or something else?

Published in The Nation Jul 7, 2007

The father of a 20-year-old man who killed one person and seriously injured three others when he drove over them in his car has hit back with threats of legal action against bystanders.

Kan-anek Pachimsawas yesterday vowed to take legal action against people who damaged his son's Mercedes-Benz vehicle after he had driven into them at a bus stop near Sukhumvit Soi 26 on Wednes-day evening.

One of the victims of the incident died on Thursday and three others remain in critical condition.

And while these people lay dying, their families overcome with devastating, heart wrenching grief, this man appears on TV and threatens legal action against the people who allegedly damaged a Mercedes car.

The incident occurred after Kanpitak apparently became angered by a bus driver following a traffic altercation. A rock was thrown at the bus driver.

Nine victims made police complaints against the driver, Kanpitak, the son of former Miss Thailand Savinee Pakaranang.

But Kan-anek yesterday threatened legal action of his own. He offered rewards for any witness who captured the alleged deliberate damage to the vehicle on video or mobile-telephone camera.

He insisted the incident was the result of a disease suffered by his son and told television news later that an "uneducated and low-class person" had incited the incident.

Note the quotation here, for it is revealing. Every country has class divides but Thailand's gap is far greater than most western countries. The driver of the car would be known as "hi-so" meaning "high society" one of the top ten percent or so whose income would be exponentially greater than even the middle classes. Members of this group often believe - and are sometimes perceived to be - above the law. The bus conductor would be viewed by them as lower class.

The story prompted Internet users to post scathing attacks at popular chat sites, many of them directed at Kan-anek.

"I will compensate the victims as deemed necessary and appropriate. But the compensation amount must not be too much," Kan-anek said later. These comments were made on TV, by the way.He added that his son was unable to move his legs because of thrombosis. Kanpitak is currently in Samitivej Hospital.
"My son is so sad he told me he wanted to die," Kan-anek said. He added it was as if his son had been possessed at the time of the fatal act. "He's a man with a kind heart," the father added.

I believe sons often turn out to reflect the morals taught to them by their father.


Savinee will attend the funeral of victim Saichon Luangsaeng, but Kan-anek will not go "for safety reasons". "I just gave a television interview and used harsh words," he said.
Kanpitak accuses the bus of scraping his luxury car. Following his throwing of a rock at the driver, passengers were asked to leave the bus. When they blamed Kanpitak for the inconvenience and rock-throwing incident, he allegedly drove his car into the crowd.
The bus driver initially maintained there had been no collision but tests show the two vehicles had made contact.

However, Thonglor police maintain the incidents are separate. Superintendent Colonel Jirapat Phumisit said 10 witnesses had been questioned and police would soon interview Kanpitak.

"However, we are yet to get permission from his doctors," Jirapat said.
According to Kan-anek, the doctor who treated Kanpitak at the Galaya Rajanagarindra Institute earlier this year is overseas and yet to explain the young man's condition to investigators. The institute treats people for mental problems.
Saichon's daughter Sucheera Insunawan, 25, is finding it difficult to accept her mother's death.

"He [Kanpitak] should apologise to my mother. If he comes, I can forgive him and I believe my mother will forgive him too," she said.

The recent university graduate said she now had to take care of the family's condominium mortgage and her 15-year-old, mentally disabled cousin.

My heart goes out to this young woman. I hope she finds the strength to carry on and that justice is served.

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