The story of the death of 24-year-old Nicole, who was killed in a motorbike accident while holidaying with her boyfriend on Koh Samui in October, aired on A Current Affair television show in Australia late last month and made headlines around the country.
Nicole was riding as a passenger on the back of her boyfriend Jamie Keith’s bike. They were waiting to turn into their resort when they were hit from behind by a speeding motorbike driver.
Neither of the Australians were wearing helmets and Nicole died several hours later.
Mr Keith then alleges authorities took him to the police station and asked him to sign a statement, written in Thai, that said the crash was his fault, despite CCTV camera footage showing he was not at fault.
Nicole’s family were then told it would cost them between B480,000 to B960,000 to get Mr Keith out of the situation.
Police have now confirmed the case has been reopened, and they have transferred the chief of the station in charge of the original investigation. However, the chief denied allegations of corruption, the Bangkok Post reported.
Pol Lt Gen Yongyuth Wanichchareon, chief of the regional police, signed the transfer order, which took effect immediately, and reopened an investigation into the case.
He admitted flaws in the probe by the Bor Phut police, in whose jurisdiction the accident occurred. He has handed over the investigation to a senior officer at the Provincial Police Region 8.
He criticised the Bor Phut police for failing to file a charge against Thai driver Kongla Satue, who allegedly hit the couple, and said Pol Col Samran Machareon, chief of the Bor Phut station, had to take responsibility.
But the Bor Phut chief insisted that both Mr Kongla and Mr Keith were charged with reckless driving and the case was investigated fairly.
He defended his subordinates, saying they did not demand money from Mr Keith or force him to confess that he was the guilty party.
“The document he signed was a police report which included the damages on which the two parties agreed,” he was quoted as saying.
“The police had to keep his passport as part of the procedure and it was returned to him after he signed the report without any condition or money in exchange.”
The Fitzsimons family objects to this. Nicole’s father Vince told A Current Affair that he was told that it would cost him between B480,000 and B960,000 to get Mr Keith out of the situation.
“[As] the result of what appears to be an opening up of the situation and a chance to review it, [we hope that] that they will follow through and give some justice, not only to Nicole and Jamie, but also hold the police officers accountable for their actions,” Mr Fitzsimons told A Current Affair during another interview last night.
“They’ve all got to be accountable and responsible and I expect the Thai authorities now to use the full force of the law.”
“We just would really like justice for Nicole because we loved her so much,” said Nicole’s mother Julie.
The development in the case was described as a “breakthrough” by A Current Affair, which also referred to Thai driver Mr Kongla as a “maniac” which left Jamie and Nicole’s family in a “living hell”.
The presenter also describes the situation as “bad cops” trying to corner a “vulnerable, innocent man”.
Thanongsak Somwong, chief of the Samui Tourism Association, urged the police to be transparent in the investigation to bring justice to the victim, the Bangkok Post reported.
The case must be handled in a straightforward manner and the police should not rush to wrap it up, he was quoted as saying.
Poor handling of the case could jeopardise the image of the island in the eyes of Australians as the high season is approaching, he added.
The Australian Embassy is being kept informed of progress with the case.
View the Nicole Fitzimons Foundation website here, and the Facebook tribute page here.