The Phuket News

Eva Beach grasps at new trial appeal

- Editor@classactme­dia.co.th

The Nakhon Sri Thammarat Administra­tive Court has accepted a motion that may derail a Supreme Administra­tive Court ruling last year deeming the Eva Beach developmen­t in Rawai as illegal constructi­on.

The Supreme Administra­tive Court ruling also deemed Rawai Mayor Aroon Solos as negligent and guilty of malfeasanc­e in his role in allowing building permits to be issued and allowing the constructi­on to proceed.

According to court documents obtained by The Phuket News, Judge Thanakorn Saringkarn formally accepted the motion on Jan 19. A trial date has yet to be set.

The motion has been filed under Section 75 of Act on Establishm­ent of Administra­tive Court and Administra­tive Court Procedure, B.E. 2542 (1999), which stipulates that a motion for a new trial may be accepted on any of the following conditions:

(1) the Administra­tive Court erred in hearing facts or there appears fresh evidence which may result in material alteration of the finally heard facts;

(2) the real party or the third person did not appear in the proceeding­s or appeared but was unreasonab­ly refused an opportunit­y to participat­e in the proceeding­s;

(3) there occurred in the process of trial and judgment a material impropriet­y which results in an unfair result of the case;

(4) the judgment or order has been passed or issued in reliance on any facts or law and subsequent material alteration of such facts or law results in the judgment or order being contrary to the law then in force.

The applicatio­n under paragraph one (1) may be submitted only when the party or third person has, without fault, no knowledge of such circumstan­ce in the previous hearing, Section 75 notes.

The applicatio­n for a new trial or for a new order shall be submitted within 90 days as from the day such person has known or should have known of the ground for the new trial and judgment or for the new order but not later than five years as from the Administra­tive Court having the judgment or disposing order, the section adds.

Of note, the Supreme Administra­tive Court ruling was handed down on Sept 15 last year, giving a 90-day window for applicatio­ns for a new trial to be submitted. That deadline expired on Dec 14, yet the motion for a new trial was formally issued on Jan 19.

According to court documents, it appears that the motion was accepted under paragraph two (2), “that the real party or the third person did not appear in the proceeding­s or appeared but was unreasonab­ly refused an opportunit­y to participat­e in the proceeding­s”, as a list of owners of the units at Eva Beach have been listed as parties to the motion.

At this stage it appears that if the motion is successful under this appeal, developers in at least Phuket will be able to continue with illegal constructi­on by using the unfair impact on victims who buy the properties as a way of allowing the illegal constructi­on to remain.

The motion makes no reference to the guilty verdicts handed down by the Supreme Administra­tive Court to Rawai Mayor Aroon, who so far remains unimpeache­d for for his “negligence” and “malfeasanc­e” in allowing illegal constructi­on to proceed.

While the Eva Beach case was being heard at the Supreme Court, Mayor Aroon came under fire in 2017 for allowing illegal constructi­on to continue on the coastal road along Krathing Cape, north of Nai Harn. The incident gained national attention in the media.

 ?? Photo: The Phuket News / file ?? Rawai Mayor Aroon Solos (2nd from right) was the Eva Beach project in 2015. present when court officials inspected
Photo: The Phuket News / file Rawai Mayor Aroon Solos (2nd from right) was the Eva Beach project in 2015. present when court officials inspected

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