Unforeseen development in the Nong Cartoon collision incident case
A Daughter's Struggle: The Heartbreaking Saga of Nong Cartoon
For 11 long years, Saranya Chamni, 45, has been fighting a seemingly endless battle for her daughter, Nong Cartoon, who remains bedridden following a horrific car accident. The accident, which took place on September 19, 2014, left Nong Cartoon with severe brain trauma and significantly impaired her vision, communication skills, and ability to live an independent life.
The Fateful Night
The evening kicked off with a tragic twist when Namphueng Jaisangiam, then 22, engaged in illegal street racing. She lost control of her modified pickup truck and smashed into the "Lung Yai Steakhouse" on Soi Ekkachai 119 in Bangkok's Bang Bon district. The crash claimed the life of the shop owner, Phanuthat Saksitphan, 42 – Saranya's husband – who sacrificed his life to shield their five-year-old daughter, Nong Cartoon, from the impact.
Despite the devastating loss, Nong Cartoon endured severe brain trauma and has been unable to live a normal life ever since.
A Lengthy Legal Battle
On August 18, 2015, the Thonburi Criminal Court sentenced Namphueng to two years and six months in prison, fined her 3,000 baht, and ordered her to pay 6.3 million baht in compensation to the family of Nong Cartoon. However, due to her confession and lack of a prior criminal record, her sentence was reduced to one year.
Regrettably, the family has yet to receive any contact or compensation from Namphueng since her release from prison. In one instance, Saranya retrieved 40,000 baht from her for damage to her shop at a police station.
In a Facebook post dated December 27, 2014, Namphueng voiced her discontent: "I wasted time with this mother and daughter at the steak shop... I paid for my car, and my car was wrecked. Who's going to pay for that? You guys are selfish, fools. PS I'm just complaining. I won't pay what they asked for, I'll stretch it out until the statute of limitations runs out, haha!"
The 10-year statute of limitations for civil cases has expired, leaving Namphueng with no legal obligation to pay. However, accusations of asset transfer prior to sentencing persist.
A Severe Lung Infection and a Tough Decision
In a recent update, Saranya revealed that Nong Cartoon has a severe lung infection and relies on a ventilator to breathe. She has spent three weeks in the ICU, with doctors predicting that she will need a ventilator for the remainder of her life.
Overwhelmed by the situation, Saranya initially considered allowing her daughter to pass away peacefully. However, her decision was met with widespread criticism, not for her choice but for the inadequacies of the justice system that has failed to provide justice for her and her daughter.
Bangkok MP Rukchanok Srinork called attention to the glaring injustices in the country's legal system, further highlighting the stark contrast between Saranya's hardships and Namphueng's lavish lifestyle as evidenced in social media posts.
Seeking a Solution
Justice Minister Pol Col Tawee Sodsong has expressed concern over the enforcement of the judgment, acknowledging the complexity of the situation. Although the statute of limitations has expired, it's possible to extend the asset investigation period for the driver responsible for the crash. The case is also a matter of human rights, necessitating a thorough review of legal provisions related to the "Justice Fund" to explore avenues for additional support.
Another potential solution comes from Kosolwat Inthuchanyong, Director-General of the Office for Rights Protection, Legal Aid, and Enforcement of Judgments under the Office of the Attorney General. He suggests converting the civil case into a criminal case by filing charges of fraudulent concealment of assets from creditors, which may require investigating any suspicious asset transfers made by Namphueng.
The family faces a challenging road ahead, but the relentless pursuit of justice for Nong Cartoon continues – a testament to Saranya's love and determination.
Insights:
- A civil case in Thailand has a statute of limitations that may prevent it from proceeding after a specific time period, in this case, 10 years.
- If the responsible party has transferred assets to avoid liability, this is considered fraud or asset concealment and may be pursued as a criminal case.
- Negotiated settlements or mediation might be options for resolving disputes, even after the statute of limitations has expired.
- Reviewing transaction records and consulting with a Thai attorney who specializes in litigation and asset protection can help determine alternative legal strategies or assess whether there are specific circumstances that might allow for the extension or revival of a case.
- Saranya Chamni, a 45-year-old mother, has been battling for her daughter Nong Cartoon's well-being for 11 years after a car accident.
- The accident, caused by illegal street racing, claimed the life of Phanuthat Saksitphan, Saranya's husband, who shielded Nong Cartoon from the impact.
- Nong Cartoon has been bedridden since the incident, suffering from severe brain trauma, vision impairment, and communication difficulties.
- Namphueng Jaisangiam, the driver responsible, was sentenced to two years and six months in prison in 2015, but no compensation has been received by the family.
- Namphueng expressed her discontent in a Facebook post after the accident, stating she would "stretch it out until the statute of limitations runs out."
- The 10-year statute of limitations for civil cases has passed, leaving Namphueng with no legal obligation to pay compensation.
- Accusations of asset transfer prior to sentencing have been raised, which, if proven, could lead to further legal action.
- Nong Cartoon's health has recently deteriorated, with a severe lung infection that requires a ventilator for survival.
- Saranya, overwhelmed by the prolonged struggle, initially contemplated letting Nong Cartoon pass away peacefully, faced with widespread criticism of the justice system.
- Politicians have spoken out against the injustices in the legal system, highlighting the contrast between Saranya's hardships and Namphueng's lavish lifestyle.
- Justice Minister Pol Col Tawee Sodsong has shown concern over enforcing the judgment and is considering extending the asset investigation period for the driver.
- Kosolwat Inthuchanyong, Director-General of the Office for Rights Protection, Legal Aid, and Enforcement of Judgments, suggests converting the civil case into a criminal case by charging Namphueng with hiding assets from creditors.
- The family's future is uncertain, but their pursuit of justice for Nong Cartoon continues, symbolizing Saranya's unwavering love and determination.
- Laws and policies in areas such as health and wellness, family health, mental health, women's health, and disability rights play crucial roles in providing support and ensuring justice for individuals like Saranya and Nong Cartoon.
- In seeking solutions, it is advised to consult with a Thai attorney who specializes in litigation and asset protection to explore alternative legal strategies or assess specific circumstances that might allow for the extension or revival of a case.
