Phuket doctor Dr. Thandao Chandam appeals court decision that acquitted Swiss man Urs Fehr of assault charges from a February 2024 incident. Her lawyer cites forensic evidence and a security guard’s evidence as key points challenging the court’s dismissal.
On Wednesday, a lawyer for Phuket lawyer Dr. Thandao Chandam confirmed that an appeal has been lodged against the Provincial Court judgement which dismissed a criminal assault charge against Swiss man Urs Fehr in February 2024. At length, the court’s judgement in September found that insufficient evidence had been presented to convict the Swiss man of the charge. The appeal now lodged emphasises Dr. Thandao’s report of the assault to a security guard. In addition, the doctor’s lawyer on Wednesday claimed that there was forensic medical evidence of the assault. However, this was severely questioned by the September judgement, which queried the nature of this evidence.
27-year-old Dr. Thandao Chandam has filed her appeal in legal proceedings against Swiss man Urs Fehr. Following the judgment in the case in September, the Phuket-based medic confirmed she would appeal the judgement handed down by the Provincial Court.
Certainly, in that judgement which dismissed the case, the conduct of the victims and statements made by Dr. Thandao were examined by the court.
In particular, the court questioned the medical evidence submitted, alleging physical injuries. Furthermore, the court queried how the victims reacted to the alleged assault on the night of February 24, 2024.
Video of Mr. Fehr’s verbal abuse central to appeal but court judgement found evidence insufficient
Indeed it was the night of Makha Bucha Day, a religious holiday. The location was Yamu Beach, a beauty spot northeast of Phuket, approximately 15 km from the town.
Central to the prosecution was a dark video showing an enraged Mr. Urs Fehr. At length, he was verbally abusing the two Thai women. In short, Mr. Fehr later admitted he thought they were trespassers from an earlier party of Chinese people who had trespassed on his property.
In the Provincial Court judgement, the court said it gave the benefit of the doubt to Mr. Fehr. At length, he claimed he had injured his toe in the altercation. At the same time, he vehemently denied coming into physical contact with Dr. Thandao’s back. Certainly, that was the basis of the charge against him.
Following the assault, the two women went to a security guard to seek assistance. Afterwards, police were called and a verbal exchange occurred between Mr. Fehr, his Thai wife and the two women.
Public outcry and linked incidents bring increased scrutiny to Mr. Fehr’s activities in Phuket
Afterwards, the video of the case stirred up vocal resentment against public land encroachment in Phuket, particularly on beach fronts. Indeed, the steps where the incident occurred were later demolished, as it was revealed to be on public land.
Following the public outcry, other incidents emerged linked to Mr. Fehr. In particular, a road traffic incident in December 2023. In that incident, he was found guilty of a road traffic offence after he verbally abused an emergency vehicle driver.
Meanwhile, it is not known what Mr. Fehr’s visa status is. He had been living in Thailand on an ad hoc legal visa following the cancellation of his business visa by the Immigration Bureau before the case was decided.
Certainly, Mr. Fehr subsequently lost control of a foundation established with his business concern catering to elephants and tourism.
Indeed, there have also been calls from expat community representatives for the role of the media in the case to be examined. In short, as to whether Mr. Fehr was unfairly treated or whether he may have ended up the subject of a hate campaign.
Swiss Embassy observed the case but chose not to intervene; lawyer asserts assault evidence
Reports in Switzerland suggested that at one point the Swiss Embassy was concerned about the case. Ultimately, it decided not to intervene and let the proceedings take their course.
On Wednesday, a lawyer for Dr. Thandao, however, insisted that the case against Mr. Fehr must be pursued. Niphit Intharasombat, the lawyer for Dr. Thandao, on Wednesday, confirmed the appeal had been filed.
In particular, he said the testimony of Dr. Thandao and her friend in the altercation that took place after the assault must be considered.
The lawyer noted that the pair had reported the assault to the security guard. Indeed, the lawyer claimed that Mr. Fehr even attempted to assault Dr. Thandao for a second time. This was during a heated exchange with the women in the presence of the security guard.
Subsequently, the lawyer claimed Mr. Fehr’s wife joined the party. After that, the two women were verbally attacked by Mr. Fehr and his wife.
“Two police officers arrived and separated the two sides. They held mediation for over three hours, focusing on the issue of trespass and assault,” Mr. Niphit claimed.
Disputed medical evidence from the February assault now central in Dr. Thandao’s court appeal
Furthermore, he claimed that Dr. Thandao sustained injuries that were confirmed. The lawyer confirmed that these were verified by forensic examinations. “The doctor and her colleague wouldn’t have informed the security guard immediately if she hadn’t been attacked.”
Nonetheless, in the September court judgement, the court took issue with the prosecution’s medical evidence.
Notably, it questioned why the nurse who gave testimony was not called as a witness. It also noted that the evidence of her injuries were notes from a doctor. In short, these were notes on a photograph and subsequent notes by the nurse.
Dr Thandao to appeal Tuesday’s decision by the Criminal Court dismissing charges against Urs Fehr
Urs Fehr, the controversial Swiss expat acquitted by Phuket’s Provincial Court on a common assault charge
Later, a doctor called as a witness does not appear to have examined the injured doctor personally. The court certainly interpreted the failure to call the nurse as a witness as a weakness. In addition, it noted that the nurse’s evidence had not been submitted officially.
Judgement found Urs Fehr’s testimony credible, questioned the assault account and PTSD claim
In contrast, Mr. Fehr had photographs and vivid evidence of his stubbed toe.
Furthermore, the judgement questioned Dr. Thandao’s statement in relation to the actual assault.
For instance, the doctor claimed she and her friend were sitting on the steps, one flight down. The court questioned whether it was possible to assault the medic from that position. Moreover, it raised questions about Dr. Thandao’s apparent reaction in the video to the alleged kick.
The court suggested that she had turned around and then afterwards moved on nonchalantly. Basically, it suggested it appeared that there was no forceful impact.
In addition, the Provincial Court dismissed any suggestion that the assault could have caused Post-Traumatic Stress Disorder (PTSD). In short, the court held that this could not be possible given the nature of the incident.
Certainly, the appeal that has been lodged by Dr. Thandao now questions these observations and conclusions by the court of first instance.
However, on Wednesday, Dr. Thandao’s lawyer, Mr. Niphit, emphasised the report of the incident from the on-site security guard.
Join the Thai News forum, follow Thai Examiner on Facebook here
Receive all our stories as they come out on Telegram here
Follow Thai Examiner here
Further reading:
Dr Thandao to appeal Tuesday’s decision by the Criminal Court dismissing charges against Urs Fehr
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
Anger grows over land for foreigners plan as ex-MP says Thais may face a ban in upmarket areas
Pheu Thai opposes land for foreigners as industry leader warns of abuse from Chinese speculators
Cabinet approves land rights for rich foreigners as Thailand ramps up inward investment in 2022
Amazon becomes a key investor in Thailand as cloud computer firm AWS sets up shop in Bangkok
10 year visa a magnet for global citizens setting up in Thailand with zero tax on offshore income
Wealthy foreigners to own small landholdings associated with homes here agreed in principle
