Prosecutors drop car repo charges
The Phuket Public Prosecutor’s Office has decided to take no action against four men accused of using “excessive force” in repossessing a car for failing to make loan repayments.
Thalang Police launched an investigation into the incident, which occurred in the parking lot of the Robinson Lifestyle Thalang shopping mall near Heroines Monument in August.
In the incident, four men approached Kulwit Wongsaratnawut, a 32-year-old resident of Moo 5, Mai Khao, on Aug 7 and told him that he had B200,000 in loan repayments outstanding on the car.
The men were working for the loan provider, the Union Car Auction Warehouse in Baan Lipon, Srisoonthorn.
Three of the men attempted to enter the car in the parking lot, but Mr Kulwit refused them. His refusal led to an assault in which the men removed the cay key from Mr Kulwit’s trouser pocket.
The men took Mr Kulwit and the car to the Union Car Auction Warehouse in Baan Lipon, Srisoonthorn, where Mr Kulwit was “forced” to sign over ownership of the car, a white Ford Focus.
As police launched their investigation, Mr Kulwit’s father, Mr Kitti, at the time presented a bank statement proving loan payments made, confirming that the outstanding amount was only B61,000.
Mr Kitti last Saturday (Dec 9) confirmed to reporters that the Phuket Public Prosecutor’s Office had decided to not press charges against the key suspect, Wichan Danai, and the four men who took forced repossession of the car.
Mr Kitti laid no blame on the response of the Thalang Police in investigating the incident.
Thalang Police Deputy Chief Pol Lt Col Anukul Nooket at the time confirmed that the behaviour of the four men described by Mr Kulwit in his complaint was illegal.
“It is a violation of the law. There was persecution, threats, coercion, harm, he [Mr Kulwit] did not give his consent,” Lt Col Anukul said.
“As for the complaint of robbery, we have to look at the evidence again. What were the men’s intentions and what are the conditions for seizing property [for non-repayment of loans]?
“The car is now already with the company that violated the law and used coercion to seize the car,” he said.
Mr Kitti presented documents that confirmed Thalang Police presented their case, and their evidence, to the Phuket Public Prosecutor’s Office in order for charges to be formally brought against Mr Wichan and the four men.
He also presented a copy of a letter confirming that the Phuket Public Prosecutor’s Office had declined to proceed with the charges due to “lack of evidence’.
Mr Kitti did blame Thalang Police for accepting the decision of the Phuket Public Prosecutor’s Office to not press charges.
“This is even though my son filed a police report with a doctor’s certificate from Thalang Hospital proving his injuries, his bruises, and his need to rest and recover,” Mr Kitti said.
“But the police concluded that there was no injury, no injuries, even though the case was a shocking one.
“There was CCTV as clear evidence [of the incident in the car park, but the prosecutors absolutely did not press charges,” he said.
It was noted that the refusal to press charges against the men raised questions over the subsequent role of the police, and that of the Phuket Public Prosecutor’s Office.
In September, two former Phuket Public Prosecutors ‒ including a former chief of the Phuket Public Prosecutor’s Office ‒ were sentenced to jail for attempting to extort a bribe from a company in order to avoid prosecution for encroaching on government land.