EVIL AT ANY AGE
Murders spark debate
Moo Yong is the nickname of an 18-year-old male suspected of murdering Niran Soisoongnoen, a 25-yearold new graduate. Niran’s body was found buried along a road that he was travelling en route from Bangkok to his home province of Chaiyaphum. Shortly before he died, he phoned his mother to say he would be coming home for Songkran soon and that he missed her cooking.
Several days passed after the phone call and Niran’s mother, Buadee Soisoongnoen, hadn’t heard from her son. Starting to get anxious, she filed a missing person report to the police. As she awaited news, she sought spiritual guidance from a medium who she asked for help to reach out to her son.
Over two weeks later, the police search ended in Niran’s body being found.
Moo Yong, aged 17 at the time of the crime, had allegedly connected with the victim on Bigo, a live chat app, through which he lured him into meeting up at a nightclub. Alongside his accomplice Watchara Sakaew, his 22-year-old brother, he stabbed Niran to death in their apartment and burned him on a tyre before burying him on a roadside in tambon Khok Sung in Chaiyaphum.
Moo Yong confessed to the murder on tape. He said that he killed Niran because he wanted his car in order to trade up for a large motorcycle.
“I killed him because I wanted his car,” Moo Yong is recorded saying on tape. “After killing him, I didn’t feel anything. All lives are worth the same. Killing ants, killing fish — why don’t we think of these as sins? We’re all just animals. Humans are just like ants.”
After the tape was televised, the public was disturbed to see that the teenage boy showed no visible signs of remorse for the crime that he had outright confessed to.
His back story didn’t help him win any sympathy from the public — around one year ago, Moo Yong was arrested for murdering Anchalee Thiennak, 28, at her apartment in Bangkok. After breaking into her house, he stole her gold necklace, smartphone and new Mitsubishi car. He fled the scene but was later arrested and confessed to the crime.
Dok-or Thiennak, Anchalee’s sister, told Workpoint TV that she was surprised to hear that Moo Yong had committed another crime only one year after her sister’s murder.
“[Niran’s] story is similar to my sister’s,” she said in a TV interview. “[Moo Yong] stabbed her in the heart five times.”
Moo Yong was 16 years old when he killed Anchalee. Since he was a minor, his case was dealt with by juvenile court. Moo Yong was not required to do the crime re-enactment.
It was only later that Dok-or learned the boy had jumped bail, failing to show up in court for trial.
After Dok-or caught news of Niran’s murder, she said: “I did not think he would move so fast because he just killed my sister last year. I was not even aware that he had jumped bail.”
“When he killed my sister, I thought, OK, he’s a minor. He might not have intended to do it. But after I saw his interview, I believe that he might have real mental issues. He is a bad person who kills people without any sense of remorse. We shouldn’t give him the chance to do this again. I think he is a danger to society.”
IS AGE JUST A NUMBER?
Moo Yong’s case has been up for public debate because of his age — many wonder if he was old enough to understand the weight of his crime.
As it stands, the 18-year-old is protected by juvenile law. His case is being handled by the juvenile courts, operating under the principles of the Juvenile Procedure Act, which ensures the protection of minors’ rights.
However, some argue that Moo Yong shouldn’t be treated as a minor since he has an already extensive record of committing serious crimes. His first crime, for example, was committed at age 14 when he was arrested on drugrelated charges.
Family members have told reporters that the boy has a long history of violence and they have always struggled to control his behaviour. Moo Yong’s father confessed that he is scared of his teenage son.
Last week Buadin, Niran’s mother, sent a petition to the Justice Ministry asking it to put Moo Yong on trial as an adult instead of sending him to a juvenile court, which typically provides more lenient sentencing.
“He is different from other juvenile delinquents,” says Buadin. “He is not a juvenile. We should not let people like him live freely in society. I cannot forgive him, even as his family asks for my forgiveness.”
The law dictates that people under the age of 18 are entitled to trial in juvenile and family courts, but Article 97 gives power to the judge to decide whether he or she should be sent to adult court. This clause pivots on the defendant’s bad behaviour and factors like their potentially negative influence on other delinquents at the detention facility.
“It is possible to try a minor in adult court under the law,” an official from the Juvenile and Family Court told Spectrum on condition of anonymity.
The juvenile court normally carries out trials in private with the presence of a child psychiatrist.
The penalties imposed on minors tend to be less severe than the same crimes committed by adults.
Specific punishments for minors range from issuing warnings, imposed parental supervision and sending the offender to juvenile training schools until they reach age 18. If the individual can demonstrate a positive change in their behaviour, they can be released.
The law gives young people a second chance in society. But Moo Yong has had two strikes already.
YOUNG ADULT
As of press time, Moo Yong is detained at an adult detention centre in Chaiyaphum. He was originally sent to the Chaiyaphum Provincial Youth Observation and Protection Centre, but his aggressive behaviour and objection to authority forced them to transfer him to a different facility in Nakhon Ratchasima.
The Nakhon Ratchasima Provincial Youth Observation and Protection Centre later sought court permission to send him to an adult prison back in Chaiyaphum province, citing similar difficulties with his behaviour.
The court agreed to put Moo Yong under temporary custody at the adult correction facility in Chaiyaphum. Despite the location, Moo Yong’s case is being dealt with by the juvenile courts, according to the Corrections Department.
The department will send psychiatrists to periodically evaluate his mental health before finally deciding if they want to send him back to the juvenile facility for the course of the trial.
Watchara, Moo Yong’s alleged accomplice, is also detained at the Chaiyaphum correction facility.
Moo Yong does not live with the main group of inmates but in a special section for inmates dealing with illness as well as those who are awaiting sentencing, say officials.
Pol Lt Col Natthaphol Kingchok, an investigative police officer in Chaiyaphum, told Spectrum that Moo Yong would be detained until the prosecutor files formal charges against him or within 90 days after the arrest.
“I think he will be tried by juvenile court,” he said.
BAD INFLUENCE
Based on remarks from criminologists, social workers and psychiatrists, Moo Yong cannot be solely blamed for his behaviour.
Songpoom Benyakorn, a psychiatry expert from Srinakharinwirot University, said that “conduct disorder” is the medical term used to describe minors who regularly commit wrongdoing. It is diagnosed in childhood or adolescence, identifiable through certain patterns of unruly behaviour deemed “anti-social”, such as showing aggression.
“These symptoms are not often found among normal people,” said Dr Songpoom. “But they are commonly found among individuals who have committed crimes or stayed in juvenile facilities.”
If the [juvenile] facility is not suitable for the individual, their condition might worsen
SONGPOOM BENYAKORN PSYCHIATRY EXPERT
Asked what contributes to conduct disorder, he says: “It can be thought of as seeds and the soil. Individuals are like the seeds.
The soil is the environment. For instance, if parents have used violence with their children, this can contribute to the child’s development of conduct disorder.”
Other elements factor into conduct disorder, such as the copycat phenomenon. When young people see certain behaviour repeatedly, they start to believe it’s OK to do it, even though the majority of people do not perceive it as acceptable.
“Proper juvenile facilities may help change one’s mental disorder and behaviour,” said Dr Songpoom. “But the therapy has to be consistent. If the facility is not suitable for the individual, their condition might worsen after they return from the facility. Some even adopt more violent habits from other inmates in the facility where he or she was detained.”
Dr Songpoom has visited several juvenile facilities and said he witnessed some children develop depression or become more violent during their time there.
“Some facilities [I visited] did not have enough space and were too crowded. The facility should really provide activities to train individuals so they feel hopeful that they can emerge from the detention facility as a better person.”
According to statistics from the Department of Juvenile Observation and Protection, the number of young people who commit repeated offences has increased since 2009.
Of the 46,371 cases tried by the department in 2009, 13.6% of them were repeat offenders. However, the figure rose to 20%, or 6,849 cases, from 34,276 cases in 2012 to 20.4% in 2013, which dealt with 7,490 cases.
“I think if 10% of young people can improve their behaviour after they come out of juvenile facilities, that is good enough,” Dr Songpoom said. “The most important thing is family support. Parents should be good examples for their children. And once a minor returns from a juvenile facility, other adults should also give them a chance to reintegrate into society.”
Dr Songpoom is not involved in Moo Yong’s case. He noted, however, that the case could set a precedent if it ended up being sent for trial in adult court. “I understand the anger of people who believe that Moo Yong should be subject to a harsh penalty. But if we decided to move up the age [for adult court] to 17 years old, what will happen to the several hundreds of offenders aged 17 who might commit crimes out of adolescent whim? They may also be subjected to adult penalties, which will be more impactful on their lives.”
Reports say that Moo Yong’s family has a history of violence. Some speculate he was hit by his father who drank frequently. The father allegedly hit his wife when the boy was a child. Moo Yong had also dropped out of school.
Ticha Na Nakorn, director of Kanchanapisek Home, which provides shelter to young people, said Moo Yong should be tried by j uvenile court, although t he l aw occasionally enables young people to be tried in adult court.
“Moo Yong was not a born criminal. Being a criminal is not something you are born with but comes from your upbringing,” Ticha says.
“He is a product of society and his family life. We cannot deny it. So we cannot put the blame solely on him. Society is the co-defendant in this case.
“The victim cannot be blamed for his upbringing. We have to provide a solution for the victim too. If the problem is correctly addressed, we may get Moo Yong back on track. But if we fail to use the right tools, we may not.”
If Moo Yong does not receive the rehabilitation he needs, he could kill more people, says Ticha.
She says society should take his case as a lesson learned and that Thailand should pay more attention to crime prevention.
“If we don’t pay attention to prevention, we’ll have to accept the fact that we have an expensive price to pay.”
Krisanaphong Poothakool, president of the criminology and criminal justice administration programme at Rangsit University, said that juvenile delinquency is the outcome of an i ndividual’s behaviour and their family upbringing.
“Moo Yong said his motive was to rob a car to get a big bike,” explained Krisanaphong. “In criminology studies, his desire comes from various social pressures. Everyone has a goal to get something. But not everyone can do it. And some choose the wrong way to earn — like students who cheat on exams to become doctors, for example.
“It is the parents’ duty to instil awareness in their children that it’s OK to want something but you have to earn it rightfully. The family is the smallest social unit but it has the biggest impact on one’s behaviour.”
Moreover, the rehabilitation and prevention process should help change the behaviour of these young people before it gets worse.
“Once deviant behaviour in early teens is spotted, such as not wanting to go to school, parents must help their children change their mindsets early on to prevent later trouble.
“Criminology studies show that young people with deviant behaviour show a greater likelihood of violating the law if they are not given the right treatment.”
As it stands, there aren’t enough resources to help in crime prevention efforts.
“We don’t have enough psychiatrists or social workers to support each case,” Krisanaphong said. “And we can see the young people committing crimes are getting younger while the cases are getting more severe, which we might attribute to our very materialistic culture.”
Once young offenders emerge from the detention centres, there is no follow-up. For example, there is no electronic monitoring system to track the subject’s behaviour.
Meanwhile, ex-offenders struggle to integrate with a society that might not want them back.
“Young people are like blank canvases,” says Krisanaphong. “They can absorb things easily from their guardians and peer groups. The white canvas can be cleaned and put back to normal if we clean it correctly.
“But if the white canvas is heavily stained by dark ink, we may have to use strong chemicals to bleach it. The measures depend on the severity of the case. Some chemicals may be too strong to restore the cloth to its normal condition.”
The young people committing crimes are getting younger while the cases are getting more severe
ASST PROF KRISANAPHONG POOTHAKOOL