Dr. Thandao vows to appeal after the Criminal Court dismissed all charges against Swiss expat Urs Fehr, citing video evidence and questioning her testimony. Public outrage may be tempered by the judgement as attention shifts to Fehr’s revoked visa and appeals.
On Thursday, Dr. Thandao Chandam confirmed that she would appeal last Tuesday’s Criminal Court dismissal of all charges against Swiss national Urs Fehr. The shock judgement, released in writing on Wednesday, openly questioned Dr. Thandoa’s testimony to police. The court cited the infamous video of the alleged attack. In addition, it questioned the prosecution’s failure to call a key medical witness. Balanced against Mr. Fehr’s repeated denials, as well as photos and video evidence, it dismissed the case. At this time, all eyes turn to Mr. Fehr’s visa status in Thailand.
On Thursday, the 26-year-old doctor who accused Swiss expat Urs Fehr of assault was defiant. In brief, she vowed to appeal a court decision on Tuesday to acquit him.
At the same time, she admitted she was personally disappointed with the court’s judgement. Indeed, the judgement openly questioned Dr. Thandao Chandam’s testimony to Phuket police regarding the alleged assault on Makha Bucha Day, February 24.
Significantly, it was the video clip that stirred the controversy in the first place, which helped Mr. Fehr’s case. Previously, when Dr. Thandao insisted on going to the police, it was Mr. Fehr who brought the clip as evidence.
Public outrage grew over beach privatisations. Video clip triggered a negative reaction and investigation
However, the scene portrayed in the video touched a raw nerve with the Thai public. In the clip, on the night of the full moon, the impression is of a furious Mr. Fehr. In summary, he was verbally abusive to two Thai women, urging them to get off his property.
Later, police investigators, stirred by the overnight negative reaction from the public, investigated the scene.
In short, they found it was on public land.
This led to a public outcry, as the incident chimed with ongoing public resentment over beach privatisation.
After that, further details emerged of Mr. Fehr’s intemperate outbursts. These included a conviction for dangerous driving after an altercation with an ambulance last December.
On Thursday, Dr. Thandao insisted that she was the victim of an assault by Mr. Fehr. At the same time, she appealed for public support. At length, the young doctor said it was a matter of fair play.
Family support strengthens Dr. Thandao’s resolve as public outrage is tempered against Swiss expat
Meanwhile, she was joined by her father, Mr. Kasem Chandam. Mr. Chandam has given his daughter moral support since the controversy began.
On Tuesday, he confirmed the court’s judgement and that his daughter was upset by the outcome. “We will do our best to regain justice,” he told reporters.
Significantly, the case against Mr. Fehr was taken by the public prosecutor, with Dr. Thandao as a co-complainant.
It had previously caused widespread consternation in Thailand.
On one hand, there was an extraordinary level of public antipathy towards the Swiss expat. So much so that officials at the Swiss Embassy at one point considered making a representation. In short, there were concerns about media reporting and the level of public anger unleashed.
Certainly, it did not help that the nighttime assault took place on a sacred Buddhist holiday. Nor that the victim was female and a qualified doctor. At the same time, the assault allegation coincided with heightened tensions in Phuket towards foreign expats.
Swiss national’s revoked visa highlights ongoing concerns over foreign ownership and social tensions
In particular, the influx of Russian nationals into Phuket. Then the efforts by long stay foreigners to illegally circumvent Thailand’s strict property ownership and business laws.
All this culminated on March 7 when Mr. Fehr’s business visa was revoked just before an extension was due. This visa was linked to Mr. Fehr’s business activities and the employment of Thai nationals at his elephant sanctuary.
The Immigration Bureau rescinded the visa on advice from local officials. In short, it deemed Mr. Fehr a threat to the island’s social order. Furthermore, an elephant foundation operated by him was found to be illegal and dissolved.
In addition, several firearms licences were rescinded. At this time, Mr. Fehr is appealing the decision to revoke his visa. Nonetheless, Deputy Prime Minister Anutin Charnvirakul intervened personally.
Speaking with reporters, he warned Fehr that an appeal to reinstate his visa would be futile. Indeed, the Interior Minister made it clear that ultimately he would refuse such a request. At the same time, he clarified that he had the final say under the 1979 Immigration Act.
On Wednesday, the court issued a full text of its final judgement.
Key witness absence and inconsistencies in testimony raised questions about the strength of the case
It outlined what appeared to be strong grounds for its decision.
For instance, it questioned why a nurse who examined Dr. Thandao after the incident had not been called. The Thai nurse, according to the case file, forwarded a picture of Dr. Thandao’s injuries together with some notes to a doctor.
Afterwards, that doctor was called as a witness. However, that medical professional had not examined Dr. Thandao personally. In brief, he relied on the photograph and the nurse’s notes.
The failure to call the nurse can certainly be interpreted as indicating a weakness in Dr. Thandao’s case to the court. Furthermore, the nurse’s records were not official.
In contrast, Urs Fehr had repeatedly denied assaulting Dr. Thandao. In addition, he had produced photos of a stubbed toe, which formed part of his explanation.
That is, he was angry and in such a state that he slipped and stubbed his toe. He maintained that he never made physical contact with the nurse.
Court finds video evidence inconsistent with the assault claim, raising doubts about the alleged attack
Moreover, the court also took particular note of aspects of the video clip.
The judgement noted that Dr. Thandao’s face was sometimes visible during Mr. Fehr’s tirade. She turned right and then looked at him. In the meantime, she never reacted when allegedly hit by the defendant.
In effect, she just got up with her friend and walked away from the scene. The court suggested that this was not consistent with receiving a blow to the back. For example, the young doctor did not shout or inquire as to why Mr. Fehr had kicked her.
At length, the court also observed that in her preliminary statement to the investigating officer, she had suggested otherwise. Dr. Thandao told police that she had lurched forward after being struck.
Finally, the court took note that Dr. Thandao claimed she was sitting with her friend on the second step down. The court’s judgement suggested that kicking her in the back from the top of the steps would have been difficult, if not impossible.
Court dismissed assault charge against Swiss expat and decisively rebuffed PTSD claims made by Dr. Thandao
As well as dismissing the assault charge, the court also ruled that Dr. Thandao could not have suffered Post Traumatic Stress Disorder (PTSD).
Notably, throughout the controversy, Dr. Thandao had told reporters that the furore surrounding the attacks had left her feeling stressed. Previously, she had claimed that she was threatened by Mr. Fehr and his wife.
The couple claimed to be well-connected. Afterwards, these claims were refuted by senior officials and police officers.
Swiss man Uli Fehr’s hellish Thai nightmare as he is detained and branded as a threat to society
Anutin tells Swiss man Urs Fehr he should go home as he urges Phuket’s governor to monitor the court case
Urs Fehr, the controversial Swiss expat acquitted by Phuket’s Provincial Court on a common assault charge
In truth, the judgement suggested that such a condition was only possible where a victim has been linked to a life-and-death situation. The court also acknowledged such a condition may accrue to sexual abuse or even severe physical injury. In truth, all three scenarios did not apply in this case.
In summary, the court found a lack of conclusive evidence with which to convict Mr. Fehr. On that basis, it decided to give him the benefit of the doubt.
Court ruling allows Swiss expat to leave Thailand. Uncertainty remains over his ongoing Visa appeal to stay
On Tuesday, the court particularly ordered that Mr. Fehr was now free to leave Thailand. Under Thailand’s legal system, he will obtain a certificate of innocence.
That means he has been discharged from the case brought against him. Certainly, this could mean that his short-term visa to stay in Thailand will expire. It is not clear how an appeal against the judgement would impact this.
Of course, Mr. Fehr can leave the country and re-enter on a tourist visa or ask for some dispensation from the Immigration Bureau while appealing the decision to revoke his visa. Certainly, the previous declaration of being a threat to society may see Mr Fehr blacklisted from re-entry.
Notably, the revocation of Mr Fehr’s visa occurred after his conviction for dangerous driving. This was on Christmas Day 2023. The incident took place on Thepkasattri Road in Thalang, Phuket.
Mr Fehr was driving a newly purchased Audi sports utility vehicle. In short, he cut across an ambulance in Phuket.
Christmas Day ambulance incident
Following this, he made a crude gesture to the emergency services driver. At the same time, he cursed at him. In turn, the ambulance driver, identified as Mr Wibul Horbut, posted a video of the incident on social media.
Undoubtedly, it appears Mr. Fehr’s continued stay in Thailand is in the hands of the country’s immigration authorities. He will also be hoping the court’s judgement will have been noted by officials.
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Further reading:
Urs Fehr or Mr David faces deportation as case judgement is due in Phuket on September 3rd next
Swiss man Uli Fehr’s hellish Thai nightmare as he is detained and branded as a threat to society
Public anger boils over in Sunday protests in Phuket against Swiss man Mr Uli and private beaches
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