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Phuket Court hears plea to bring to trial Patong Ace Condo developers

PHUKET: Nine months after filing their complaint, a Belgian husband and wife are still fighting for Phuket Provincial Court to bring to trial the developers of the failed Ace 1 Condo Project in Patong.

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By The Phuket News

Friday 5 May 2017, 06:27PM


Grey skies over Phuket Provincial Court today. Photo: The Phuket News

Grey skies over Phuket Provincial Court today. Photo: The Phuket News

The court today held its fifth hearing in the plea to bring the developers to trial.

Defendants listed on the public court docket are named as The Nine Property (Patong) Co Ltd, Miss Piyanuch Hansanan and Alisa Likitittiruks. All three stand accused of public fraud under Section 343 of Criminal Code.

The court received the complaint on August 1, 2016. and the hearings started on October 10 last year, with subsequent hearings on November 28, January 23, April 24 and now today.

During today’s session the judge received testimony from “Nadine Rene Stephanie Lamyns”, named as the second plaintiff. She is the wife of Belgian national Didier Giesen, named as the first plaintiff.

The couple filed a complaint alleging they were defrauded out of B1,144,000 paid as deposit for two units in the project that were never delivered, as the project was never completed

Mr Giesen pointed out that this was just one of many claims pending against the developers. “My friends are in the same situation as me, and it takes time.

“Today is not the first time for us at court. We already been here five times. Our lawyer is trying his best to present our case. They should pay us back or go to jail,” he said.

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Mr Giesen’s lawyer Tanot Channim told The Phuket News, “I do expect that the judge will decide to prosecute The Nine Property (Patong) Co Ltd. Today, we had the opportunity to present our case further.”

Meanwhile, the fight to even bring the developers to trial continues.

“The next hearing is set for July 13. Then, I will know and make desire what I have to do,” Mr Tanot said.

Meanwhile, it has yet to be made clear why the Phuket Public Prosecutor is not leading the prosecution for a criminal charge.

At last report, the Phuket Public Prosecutor’s Office refused to provide any explanation about the lack of progress in the charges against developer The Nine Property (Patong).

Instead, Public Prosecutor Jessada Banditmongkolkul passed the buck to Region 8 Police, who he said, had taken over the investigation. (See story here.)

 

 

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Kurt | 07 May 2017 - 09:56:26

Is it actually not strange that one has to fight the thai juridical system to bring in this case the Ace-1 developer in Court?
Obviously the court and the already run away prosecutor are not in 'the mood' to handle this thai property fraud case.
Why is that?
What are the roles in this fraud case of:
1: Ace-1 developer
2: Ace-1 building/construction firm
3: Thai banks, involved in fin...

Kurt | 06 May 2017 - 16:06:42

CaptainJack69: yes you are right.
Actually, what I was thinking about is that on Phuket the local thai and international property firms should combine forces and lift this shameful affair to higher level in Bangkok.
They suffer a lot in their business with this Patong Ace1 case.
People lost trust in Phuket property agents, as they are to quiet about this idiot property scam, and how it is jurid...

CaptainJack69 | 06 May 2017 - 12:41:21

This is another case that's getting a lot of international attention.

The Thai courts' apparent inability to perform their most basic function of trying cases is being shown to the world, again.

With Thai people being so concerned about image and saving face you'd think there'd be public outcry about such visible failures in their systems of governance and how backward it mak...

Kurt | 06 May 2017 - 08:56:42

Already 5 times a hearing (!) in Court??
Court not even ready to proceed and rule in this simple case.
It looks like the Court is delaying the whole scam affair.

It became a case of: ...You Pay and we make it going away...
Very reluctant Court and that disappearing prosecutor.

Foreigners, a great warning for you. NEVER buy property from the drawing/plan in Thailand.
You see what can happ...

Bjay | 06 May 2017 - 02:38:57

Why would the Police become involved in a Civil matter? This is not the first fraudulent Development in Phuket. If the Courts fail to press the Defendants to cough-up the millions of TBH. It is likely that the publicity could have a detrimental outcome in future Developments!

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