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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.

patong, property, land, crime, construction,


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.

C and C Marine

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 financing
4: Role of Patong Municipality ( permits/licenses, etc)
5: Provincial officials
6: Officials responsible for checking the financial status of Ace-1 developer.

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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 juridical handled ( Handled? nothing so far)
The Patong Ace1 buyers have many more years to go to get their money back.
If they ever get their money back. 
Very difficult to get money back from a thai developer frock, just a skin only.

Time the Phuket property industry starts to weapon herself in order to be taken seriously.

Actually, the thai Phuket property industry should hand in hand start a fight with this Ace 1 developer.
All ingredients for a fight are there, Ace-1 developer underminds the credit of other developers, sellers enormous.

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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 makes their country look.  But no, this just seems to get worse.

I mean this is a simple case of breach of contract.  There was a contract, it wasn't fulfilled, and the developer didn't return the money. This shouldn't be a difficult case to try, it shouldn't require (more than) 5 court dates, and it certainly doesn't need the police getting involved (this is a civil case, not criminal).

Passing problems off on other people is a result of the ingrained "village mentality" that is so prevalent here. It's all too easy to deny responsibility and pass it on to the next agency, or group, or company, or "village" and thus nothing ever gets done. The question in this case is why. The defendants have no money, or they would have paid back the plaintiffs. So are they bribing the court? Is that cheaper? And even more worrying, if they're not being bribed, then the courts are simply refusing to do their job because what, it would be too hard?

Shambles.

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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 happen to you.
Only buy existing property, AFTER you checked or all the taps are working, electric switches and sockets are connected and the airco's are working.

Remember, as a foreigner you stand alone when you get involved in a case like Patong-Ace1.
Even if you win in court, that is not giving you guarantee that you see your money back. ( there is no money!)
For getting money back you need to do a 2nd court case.

Anyway, now are places for sale from initial asking 26 million, lowered for 16 million on Phuket.
Many owners want a quick sale'.

The Phuket News

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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