British retirees Desmond and Mary Byrne assaulted in 2023, are set to leave Thailand after receiving a suspended prison sentence. Their ordeal, sparked by a property dispute, gained global attention and highlights the risks faced by foreigners in Thailand.
British couple Desmond and Mary Byrne were preparing to leave Thailand this week after being handed down a suspended prison sentence by Hua Hin Provincial Court on Wednesday. Shockingly, the case followed a severe assault of the two elderly Brits on Tuesday, December 19th, 2023, outside their home in the idyllic tourist town. In short, after prosecuting their attacker, they were stupefied later to find a case being prosecuted against them. Nonetheless, the UK couple, aged 77 and 69 respectively, pleaded guilty on Wednesday to assault and causing mental anguish to a 40-year-old UK-Thai couple on the same night.
The background to the incident is a land and property dispute linked to a villa purchased by the Byrnes in 2021. Their story on Wednesday was carried by the UK’s leading tabloid newspaper, whose print and online edition reaches tens of millions of users worldwide.
Certainly, it is bound to become a cautionary tale for those seeking retirement or indeed a better life in Thailand.
Thailand’s image as a much sought-after retirement destination was in tatters on Thursday after the high profile case involving the British retirees.
Desmond and Mary Byrne were before Hua Hin Provincial Court on Wednesday charged with assault and causing mental anguish.
The case first came to light in June 2024 and followed a horrific assault on the couple on December 19th, 2023. At length on Wednesday, the story was featured in the UK’s giant tabloid, The Sun.
Global tabloid coverage draws worldwide attention to British retirees’ harrowing legal ordeal in Thailand
The worldwide publication is read by 32 million people every month and 9 million daily. Its coverage extends not only to the United Kingdom but to the United States and the wider English-speaking world.
It has 22 million readers every week, many of them working-class Brits or retired pensioners.
In short, the couple pleaded guilty on Wednesday to an assault causing minor harm and mental anguish. In turn, they were fined ฿17,500 and given a 20-day prison sentence which the court suspended.
Nonetheless, the couple in an interview with reporters suggests that they were firstly shocked to find themselves before the court.
At the same time, they suggested that the investigative and legal process had left them perplexed. Consequently, they had lost all faith in the process. The Byrnes are elderly. Desmond is 77 and Mary is 69. He was previously a chemical engineer and she was a palliative care nurse.
Many retirees choose Thailand for a peaceful life but face complex property ownership lawsn and restrictions
All this was before they retired and later moved to Thailand to start an idyllic new life in 2021.
Certainly, it is a route taken by many retirees. Not only retirees but also a wider range of adults are taking flight from the UK’s chronic migration problem, polarised politics and rising living costs.
Thailand is competing for these people with such locations as Spain, Belize, and particularly Dubai. They bring increased spending to the economy in addition to investment in real estate.
However, that is where the problem starts. Foreigners in Thailand may not own land or property apart from condominium units under certain conditions. Therefore, many of those settling in Thailand opt for a 30-year lease in respect of the land and in other arrangements, can at the same time own the buildings.
Previously, another route through establishing a Thai company if one of the purchasers is Thai or more dangerously through nominee shareholders has been used. The latter is strictly illegal and is being clamped down upon.
Foreign property ownership in Thailand remains complex and risky for retirees and expatriates moving here
In addition, some foreigners with Thai spouses opt to purchase properties in their wife’s name. At length, this has also proved problematic, particularly when relationships fail.
“Thailand is known as the Land of Smiles because the people are known for their hospitality and friendliness,” Mary told The Sun newspaper this week. “But our idyllic retirement in paradise has landed us in a living hell.”
In brief, shortly after forking out £200,000 or ฿8.75 million, they arrived home one day to a legal dispute. Basically, work was being undertaken on their property.
After that, they were told by their neighbours that they owned access to the luxury villa. Consequently, the Byrnes sought a lawyer.
In turn, this produced a legal standoff which caused their neighbours to become dissatisfied. The couple’s neighbours are reported to be a UK-Thai couple. Certainly, the male is a UK man in his 40s with a Thai wife of a similar age.
Violent confrontation with neighbours leaves British retirees hospitalised and traumatised in December 2023
Significantly, it was reported this week that both are accomplished Thai kickboxers.
Meanwhile, the situation came to a head on the night of Tuesday, December 19th, 2023.
The Byrnes were made aware of a commotion near their home. Afterwards, they discovered through CCTV footage that their aggrieved neighbours were removing plants and shrubbery from their property.
Therefore, the couple went to intervene. This led to the then 75-year-old Desmond being severely beaten. Indeed, video footage from the incident shows him being kicked mercilessly after falling to the ground.
Certainly, the younger UK man kicked him no less than 22 times. The elderly British man was left with severe injuries, particularly to his face.
Meanwhile, his wife Mary was set upon by her young Thai counterpart. She was also severely beaten. Indeed, her nose was broken, and later in hospital, she was shown to be suffering from a brain bleed. Furthermore, the incident left her with an irregular heartbeat.
“You’re alright, she’s still breathing,” an inert Desmond was told by one of the attackers after Mary had been assaulted.
Delayed police response and legal battle compound retirees’ ordeal after violent attack and lasting injuries
Certainly, the couple in June last year told reporters that it took 12 calls to the police to get a response. The police turned up at 28 minutes after midnight on December 20th.
‘We witnessed on our security system a neighbour pulling plants out and depositing them at our gate,’ Mary said last July. ‘My husband is 76 years old, I’m 68 years old. We have suffered life-changing injuries from two persons some 25 plus years younger than ourselves.’
Indeed, Desmond was afterwards left hospitalised after his injuries.
Following this, the police prosecuted a case against the younger couple. In brief, they were found guilty of assault and ordered to pay compensation to the elderly UK duo.
However, before that, also in June last year, the Byrnes were informed that they were also being charged. This was in relation to the same December 19th, 2023 incident.
Legal complexities and media coverage further entangle British retirees in perpelexing Thai legal process
Furthermore, there was an added complexity as it was held that the Byrnes may have been in contempt of court due to coverage of the matter.
“There was a long period of investigation in court because it was said we had caused contempt of court due to the coverage of our case. We denied it,” Mary explained on Wednesday.
Nonetheless, despite the facts of the case, the elderly couple simply wanted to go home to the United Kingdom this week. Last year after criminal charges were filed against them, they had to surrender their passports.
In effect, they were barred from leaving Thailand without the court’s permission. Indeed, they claim this week that one request to return to the United Kingdom for health purposes was declined.
Therefore, the couple pleaded guilty to the charges on Wednesday. In short, they wanted to bring the nightmare to an end and go home.
Elderly couple relieved as court case concludes, hoping to return to the UK and end their ‘bad movie’ nightmare
“Tomorrow we can pick up our passports. We are extremely relieved. Thank you for all the love and support. We just want to come home. It’s like something out of a bad movie,” Mary said on Wednesday.
“We are already trapped like prisoners despite not being locked up. Our health has deteriorated and we’ve spent our life savings on this horrible ordeal.”
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The case highlights a recurring theme regarding foreigners living in Thailand. The country is a relatively safe and peaceful place to live.
However, the situation alters dramatically when a foreign national becomes locked into a legal dispute or conflict.
At length, its legal system and jurisprudence are quite unique and idiosyncratic. It is for instance very different to British, American, and European law. It is certainly one which underlines and indeed advocates compromise and self-resolution in any given situation between conflicting parties.
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Further reading:
Murder at the door: Thai man stabs Canadian and Thai wife to death in the early hours of the morning
Bridegroom murders his bride, mother-in-law, sister in law and a guest at his wedding night party
Hard-up air conditioning repairman arrested for murder of wife and mother in Nakhon Ratchasima
Murdered woman may have died in an amorous liaison at her home in Nakhon Ratchasima, girl at school
44-year-old pervert to appear on kidnapping and murder charges following street attack in Bangkok
Elderly man murders wife in Nakhon Ratchasima after she denied him money for alcohol and cheap kicks
