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Ace Condo case still in hands of Phuket public prosecutor

PHUKET: Despite stating back in November last year that the Ace Condo legal case would be passed to Phuket Provincial Court within a month, the papers are still in the hands of the public prosecutor tasked with dealing with it.

By Saroj Kueprasertkij

Friday 22 January 2016, 12:06PM

Complainants against the Ace 1 Condo project in Patong pose for a photo during a protest at Phuket Provincial Hall last year. Photo: The Phuket News / file

Complainants against the Ace 1 Condo project in Patong pose for a photo during a protest at Phuket Provincial Hall last year. Photo: The Phuket News / file

Kathu Police handed over their case evidence and documents to the Phuket Provincial Public Prosecutor’s Office on October 26, confidently stating that the case should be brought to the court “within two weeks”.

However, Public Prosecutor Jessada Banditmongkolkul said that he needed at least one more month to bring an Ace Condo case to court. (See story here)

Despite making that statement, when The Phuket News contacted Mr Banditmongkolkul on Wednesday (Jan 20) he could not confirm when the case would be passed to court.

“The prosecutor’s office need to be careful about all the evidence and laws involved in this case before we bring it to court,” he said.

“We do not want to specify when the case will go to court, but we will make it as fast as we can,” he added.

He said the case contained a lot of information, involves many people and covers a number of laws.

The case aims to bring a a slew of charges against the developer, The Nine Property (Patong) Co, including fraud, developing land without the required permits, failure to obtain a building permit, and contravention of the Consumer Protection Act. (See story here)

However, Mr Jessada went on to say that he is dealing with a criminal case and that the victims can still bring civil charges against the developers of the Ace 1 Condominium project in Patong if they want to claim their money back.

“The victims can bring their case to court as a civil case by themselves to get their money back,” he told The Phuket News on Wednesday.

“They do not have to wait for the prosecutor’s office,” he said.

Mr Jessada also stated that he believed that the customers will get their money back, with interest, because the developer has clearly broken the agreement stated in the relevant documents.

“The court will make their decision based on the evidence provided, and if found guilty the court can order the Ace Condo developer to pay back the money with interest,” he said.

Meanwhile, Col Angkul Klaiklueng of the Royal Thai Police Consumer Protection Division in Bangkok who was overseeing the case, and who in November told The Phuket News that he was delighted that the case was finally heading toward trial, said that the police had completed their work and that it is all now in the prosecutor’s hands.

“Kathu police have handed the case to the prosecutor so it is now up to them to pass the case to the court. We have done our job,” Col Angkul said.  



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Kurt | 22 January 2016 - 15:19:23

When a thai prosecutor not want to specify when he brings a case to court ( this case is already a loooong overdue time existing case!), when he says it involves a lot of people and many laws, than it becomes law enforcement corruption.

The Ace 1 developers clearly did act criminal, the prosecutor can prosecute the developers, he doesn't need the victims for that.
The prosecutor has to pro...

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