An Australian man accused of murdering a Thai teenager may not be able to avoid the death penalty if found guilty, even if compensation is paid to the alleged victim’s family.
Simon Peter Carman, 45, has been hit with a slew of charges, including murder, concealing and moving a body, and abducting a minor for indecent purposes, after the body of Tunchanok Donhomla was found stuffed inside a suitcase.
Police allege the Ballarat-born man folded the 17-year-old’s body into a 29-inch suitcase and dumped it in long grass beside the railway tracks, approximately 2.6 miles from where he was staying.
Carman was arrested at Bangkok’s main international airport on Friday, just moments before boarding a Jetstar flight to Perth.
In Thailand, a murder conviction can result in either life imprisonment or the death penalty via lethal injection.
Luca Bernardinetti, Chairman and Managing Partner of Mahnakorn Partners Group (MPG), said Thai courts may consider mitigating factors, but they do not erase the offence.
“Under Thai law, intentional killing is very serious,” he said.
“Thai courts may consider mitigating factors such as a confession, cooperation, remorse, voluntary surrender, or steps taken to reduce harm.
“Compensation to the victim’s family may be considered evidence of remorse, but you cannot erase murder with a donation.
“The compensation is left to the parties to decide, but the overall decision rests with prosecutors and judges.”
Bernardinetti, whose firm is an international embassy favorite, said despite rumors that convicted murderers could see their sentence slashed by 90 percent, he doesn’t recall any case in which a judge would reduce such a sentence by more than half.
“If the evidence of the murder and circumstances are aggravating, they might ignore the donation.”
Bernardinetti said that foreign nationals accused of aggravated murder are usually looking at legal fees between hundreds of thousands and several million baht ($90,175.80).
“It’s a very expensive case, and costs vary significantly on language requirements, forensic evidence, trial length, prison visits, and the seniority of their representation.”
If the accused is unable to pay these fees, they will be given a court-appointed lawyer, which Bernadinetti said may be “detrimental” to a case.
“Most court-appointed lawyers have a poor understanding of the English language; it’s a big problem,” he said.
Speaking on conditions inside Thai jails, Berndadinetti said they were “awful,” particularly for foreign nationals.
“The hygiene conditions are dreadful,” he said.
“You likely have 100 people in the same cell, and all jails across Thailand are equally as terrible.”
‘He would have to provide a lot of money’
But one source, who spoke to news.com.au on the condition of anonymity, revealed the Perth man could be looking at a significantly reduced sentence if he ultimately pleaded guilty and provided compensation to Donhomla’s family.
“He would have to provide a lot of money to the family; it’s a big issue whenever anyone dies. Families always want compensation,” they told news.com.au.
It is not suggested that the family will accept payment, only that it may be offered under Thailand’s legal system.
However, the family may face an agonising wait for justice as proceedings are expected to drag on.
“It will take months and months for this to be finished. At least most of the year, if not longer.
“The police will be interviewing him, and they’ll be wanting him to act out what happened that night, given he has said it’s self-defense.”
The source said Carman will be appointed a lawyer when proceedings begin if he cannot afford one on his own.
“They’ll appoint someone, but maybe not a strong lawyer. It probably won’t be someone with significant ability,” they said.
The source, who has a deep understanding of the Thai legal system, suspects “it won’t be a good result” for Carman as “the evidence seems very clear.”
‘Broken teeth and bruised face’: Family of slain teen reveal injuries
The aunt of the slain Donhomla has spoken out about the horrific moment she identified her niece’s body.
Speaking to the ABC, Mirantee Thanachai said Donhomla’s “face was bruised and dark from swelling” and that her “teeth were broken.”
“She’s an innocent young girl who should be remembered kindly; she wasn’t trying to put herself in harm’s way,” she told the outlet.
The teen’s great-aunt Mee Bonsert wept as she spoke of the death, saying she would have given her own life to save Donhomla.
“She told me she was going and would be back soon. I loved her more than I love myself. I would’ve given her my life,” she said.
“I learned about her death from her friends. They saw the pictures and told me.”
‘Evil b***h’: Accused killer’s WhatsApp message
A Thai woman has detailed her chilling encounter with alleged killer Simon Peter Carman just three weeks prior to his arrest.
Khanittha Thongsuknmag, 53, said she crossed paths with the alleged killer on June 5 when they were involved in a motorbike accident outside the apartment complex where they were both staying.
Recounting their interactions to the Australian Associated Press, the woman described Carman as “King Kong.”
“He was angry, angry,” she said.
Messages between the pair, seen by AAP, show Carman threatening Thongsuknmag to buy him a wheelchair, promising he will otherwise “make sure big trouble.”
When Thongsuknmag tried to apologise and told him her insurance would cover the costs, he called her “stupid and dopey”, according to the WhatsApp exchange.
“I have to see specialist in Pattaya. I need taxi!! you can pay, you evil b***h,” another message said.
Thongsuknmag said she paid Carman 2000 baht ($60.34) at the behest of the police, but he continued to demand more money for a wheelchair.
“I blocked his number,” she said.
Carman ‘completely emotionless’ as he sits in jail
Earlier this week, the Daily Mail reported that Carman had been “completely emotionless” since his arrest.
His family has reportedly not visited him since his arrest, and has made no arrangements to do so, and he has not been visited by any locals or friends.
On Tuesday, Carman was moved from the police station holding cells to the Pattaya Remand Prison hospital wing, in an effort to keep him away from the main jail population.
Pattaya Remand Centre follows a strict daily routine, starting with a 5:30 a.m. wake-up.
Inmates then have around 30 minutes to wash and clean their cells before a basic breakfast, followed by an 8 a.m. assembly, which often includes the national anthem.
Pre-approved visitors are permitted Monday to Friday between 9 a.m. and 2 p.m., although time slots can be as short as 10 minutes.
‘Hiding in a corner’
Former Gold Coast loan shark Tim “Sharky” Ward, who has spent time in the Pattaya cells himself, says Carman is facing “hell” in prison, warning that if malnutrition doesn’t kill him, another prisoner may.
“He’s literally a two-minute walk from me,” Ward said.
“I could grab him some drinking water, cigarettes, some food, but I’m not going to. I don’t think too many other people will be taking him supplies either.”
Ward said there is no food supplied at the prison, with prisoners relying on donations from the outside world.
He painted a grim picture of the cells, a place where human dignity appears to be stripped upon arrival.
“It’s hell in there. There’s no air conditioning, there’s not much ventilation, and the only way to keep cool is to strip down and lie on the concrete,” he said.
“You don’t have a bed, don’t have a mattress, you don’t have a pillow. You sleep on the concrete. There is no shower, just a bucket of water with a ladle.”
Ward said local inmates tend to plant themselves around the water bucket as a means to keep cool and clean themselves.
“He’s [Carman] going to have a problem with that,” he said.
“He’s not stepping over Thai boys to get to this water, he’ll be hiding in a corner somewhere. I can’t see him having access to the water used to wash yourself.”
Ward said crimes against other foreigners were often taken less seriously, but when a Thai victim was involved, “it puts it on another completely different level.”
“As foreigners, if we fight among ourselves, the police don’t really care. If you do it to Thai people, that’s a different spectrum altogether,” he said.
“There is no good ending for this guy, it’s just going to be hell from now onwards.”
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