Kweng Court has published the full text of its verdict in which it found a Swiss man not guilty of kicking a female doctor as she sat on the steps of Yam Beach on the night of February 24 this year.
According to a report from the Bangkok Post, the court ruled in favor of the defendant, Urs Fehr (45), saying the plaintiff had not presented clear evidence of the alleged assault.
The court’s verdict was announced on Tuesday and made public on Wednesday (September 4).
The incident occurred on February 24 at Yam Beach in Phuket’s Thalang district. That night, Fehr, also known as David, was supposed to be a doctor. Thandao Chandam (26), was sitting on the beach steps with a friend, watching the full moon near their rented villa. The man had previously stated that he had mistakenly believed the doctor and his friend to have entered his property and had slipped on the stairs.
According to the verdict released on Wednesday, the video showed Dr. Tandao turning her face to the right and away from Mr. Fehr who was approaching her.
If Dr. Fehr had indeed kicked her, she would have been able to confirm that the man had kicked her and provide details of the alleged attack. The court said the crime scene was well lit and it was a full moon, which would have allowed the doctor to confirm this and provide details.
According to the court, the video footage showed the doctor getting up and leaving the scene in a normal manner. This contradicted her statement to police questioning that she had been thrown forward by the Swiss man’s kick.
Furthermore, the doctor did not ask the Swiss man about the motive for the alleged attack. Normally, one would ask such a question of an attacker in the absence of a prior conflict, the court said.
The court also noted the police interrogator’s report that the doctor was sitting on the second tier from the shore. If that was the case, the defendant could not have kicked if he had been standing on the top tier. If the man had stood on the second tier and kicked her, the doctor could have given a detailed description of the alleged assault, the court said. The doctor and the prosecutor, who appeared as co-plaintiff, explained in court that she was injured by an alleged kick. However, the court found that the doctor who testified for her had not examined her body and was only informed of the alleged injury through photographs and an informal report from a nurse.
Furthermore, the prosecutor called the nurse who took the doctor’s photograph. Ms. Tandao did not appear as a witness in court.
Considering the lack of clear evidence and the defendant’s repeated denials, the court gave the defendant the benefit of the doubt.
The court also ordered Dr. Tandao to certify that the incident caused her to suffer from post-traumatic stress disorder, according to Ms. Tandao’s complaint. The court cited experts’ statements that PTSD occurs when a person is placed in a life-threatening situation, suffers serious injuries, or is sexually abused. The court on Tuesday also lifted a previous travel ban on Fehr.
