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Patong police deny violence in Russian restaurant G-MM copyright raid

PHUKET: Kathu Police Superintendent Col Chaiwat Ui-kam has denied any violence by his officers during a music copyright raid on a Russian restaurant in Patong – despite the owner having a black eye allegedly sustained in the angry confrontation.

police, violence, patong, tourism, Russian,


Darawan Naknakhon

Tuesday 24 November 2015, 02:03PM


Busarakam Suwanwongs said a group of men claiming to be officers and representatives of a music company invaded her establishment on Saturday night (Nov 21).

None of the men were in uniform and none of them presented identification to verify who they were, she posted on Facebook.

Ms Busarakam she said that her restaurant never plays Thai or English music.

“We only play Russian music for our customers,” she said.

But that did not deter the raid party.

“I asked to see their ID or a search warrant, but they did not show them to us,” Ms Busarakam said. “So I took a roll of paper from his (one of the officers) pocket to find out who they were and I asked my daughter to record a video on her iPhone.

“That’s when they started to hit us,” Ms Busarakam alleged.

The video taken by Ms Busarakam’s daughter (click here) shows a man wearing a black Nike T-shirt with what appears to be an official G-MM Grammy ID card around his neck.

The man obviously refuses to present the ID to the camera clearly just before the apparent fight broke out.

“One of them hit my 18-year-old daughter in the chest and took her iPhone 6s,”Ms Busarakam said.

British International School, Phuket

“Another one hit and kick my 15-year-old son. They also hit me in the face and snatched my pearl necklace,” she said.

Immediately after the fight, Ms Busarakam drove to Patong Police Station to report the incident.

“I plan to report this to the Phuket Governor as soon as I can, too,” she added.

Kathu Police chief Col Chaiwat Uikum today confirmed to The Phuket News that he had received a report of the incident, which was now under investigation.

“The copyright protection officers that went to the Russian restaurant with Patong Police officers also reported at Kathu Police Station that they were prevented from performing their duty,” Col Chaiwat said.

Col Chaiwat did not elaborate on whether or not the report from the officers was filed before or after Ms Busarakam filed her complaint.

He also did not comment on why the officers allegedly did not present their Royal Thai Police identification when conducting a lawful raid.

“Both sides have their own reasons, and the copyright officers have their job to do, too,” Col Chaiwat said. “

“But when problems like this happen, we have to fix it as quickly as possible. And I can confirm that no police were involved in the fight,” he added.

 

 

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Joe12 | 15 February 2016 - 19:55:18

Check the law first before commenting:

Copyright Act B.E. 2537 (1994) 

Section 4:

"official" is described as a person appointed by the Minister for the execution of this Act;
"Minister" is defined as the Minister of Commerce who has charge and control of the execution of this Act.

Section 67. 
For the purpose of performing duties under this Act, a competent official shall be an official under the Penal Code and shall have the powers and duties as follows :

(1) to enter a building, office, factory or warehouse of any person during sunrise and sunset or during working hours of such place or to enter a vehicle for the purposes of searching for the merchandise or examining, when there is a reasonable doubt that an offence pursuant to this Act is committed,

Section 68. 
The competent official shall produce to the persons concerned their identification.
The identification shall be in accordance with the form prescribed by the Minister.

So, from the video and stills evidence, it appears the premises was visited during "working hours".
It is unclear whether the male wearing a black T shirt with an G-MM Grammy ID card and other identifying cards around his neck is a "competent official" (Police) as defined.
No warrant is needed. (S.67(1))
Section 68 states that identification "shall" be produced to the persons concerned. There is no requirement for any ID to be worn on a shirt or anywhere else for that matter.
As for the alleged assault I would leave that to the Court and witnesses and not pay too much attention on the victims version of events. Given her explosive demeanour at the time it was a wonder she could see or remember anything.

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Kurt | 15 February 2016 - 10:55:25

Hard to analyse the whole affair.
But I do know enough about the thai law that the 'raid officials' must have a ID card on their shirt, but they didn't have.
( Even a shop assistant has a ID card on his shirt)

Phuket Officials hitting children of 18 and 15 years old is disguisting an very bad for the Thai Image on Phuket

These Government Officials should be reported to NCPO Authorities in Bangkok if the Governor not handles a deep going investigation.

The lady should contact the Ombudsman in Phuket town provincial office.

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PhuketDave | 26 November 2015 - 04:26:38

A warrant is not needed to enter a business open to the public in order to check for the proper licenses; business, alcohol, food, entertainment, tobacco and the royalty license. They may also enter a business without a warrant to inspect your imported alcohol for tax stamps.

When I had my business it was inspected every year but the inspecting officers always showed proper identification and explained the purpose of their visit. It was never a problem.

In the video we only see what happened when the pushing and shoving started and not before hand. My question is why would this business owner refuse entry if she has nothing to hide?

This doesn't excuse the authorities from resorting to violence but if she had politely allowed them entry then this would not even be news.

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LivinLOS | 25 November 2015 - 13:55:50

Simple, did the police / copyright officers have a warrant to enter the premises ?? Without one they are in violation. 

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jogi | 25 November 2015 - 11:30:50

copy right protection officers and police in plain dress not showing ID and search warrant, was this a set for a new mafia movie. kathu police chief say no. (and for sure it was not a extortion attempt who turned sour.)but still i get that funny smell of a mafia extortion under police protection, can't help it. on the other hand every station chief know time's changed. big brother PM Prayuth is watching now

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kangaloo | 25 November 2015 - 11:26:28

“The copyright protection officers that went to the Russian restaurant with Patong Police officers also reported at Kathu Police Station that they were prevented from performing their duty,” Col Chaiwat said.

Col Chaiwat did not elaborate on whether or not the report from the officers was filed before or after Ms Busarakam filed her complaint.

He also did not comment on why the officers allegedly did not present their Royal Thai Police identification when conducting a lawful raid.

“Both sides have their own reasons, and the copyright officers have their job to do, too,” Col Chaiwat said. “

Unlawful Raid !!!!
The Officers BY THAI LAW were required to present their Search Warrant and present their Identification,
No question about it !!
How they conducted themselves was disgusting !!
They would of only put in a report saying that they were not allowed to carry out their duty to try protect their own arses, once they realised that they had done wrong !!

How can the Col Chawat "Confirm" that there was no violence ??,
Was he there ?? NO !!

"He also did not comment on why the officers allegedly did not present their Royal Thai Police identification when conducting a lawful raid".

They acted outside of the Law and should be punished accordingly !!

It's too bad the owner did not have CCTV to catch them out !! 

The Phuket News

edward partridge | 25 November 2015 - 10:12:00

another comment ...this lady somehow managed to give her self a black eye,apparently ..quite a feat ,,this ,in the same week that the swedish ambassador has thrown his weight behind anti violence against women in thailand,backed up by the bangkok post. ingrained habits dont just disappear,and highly unlikely ,any changes in this ingrained behaviour ,centuries old 

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Whos in Charge | 24 November 2015 - 21:49:46

Why are people being attacked and injured over music being played in a bar. Looking at the pictures of the incident it looks like a shake down by hired thugs who attacked the victim because she refused to be intimidated. If in fact these were policemen carrying out their duty, why was the victim not arrested and charged for whatever law she was allegedly breaking and let the judicial system run its course.

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jogi | 24 November 2015 - 20:44:03

Phuket New's should have voluntary workers with hidden camera's stationed all over the neuralgic places in phuket. a call number to call for assistance and a network for a call out of this volunteers. for positive stories the cameras would not have to be hidden. I would become a volunteer, specifically with hidden camera.was long ago police force member in a 3th world country and was fighting 
police corruption from the inside till it became a threat 
for my live 
 

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jogi | 24 November 2015 - 19:43:23

GMM grammy ID's and other fake ID's get printed and laminated wile you wait. the iPhone video last it only 14 second then it was wrestled from the girl's hands. everybody, also the plain clothed police refused to show ID's. kathu police chief confirm: no police involved in the fight. there job was to cover up and not to prevent a fight. what a waste of time, and no extortion money and no copy CD's. big job for chief to get this raid legal, it will not be the first t time the RTP  have to save face, be careful kathu chief, big brother PM Prayuth is watching you

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