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I have been watching the case of Annice Smoel, the 36-yr-old woman from Melbourne, Australia, with interest – not least because publications in Australia have been ringing me for the SP.
Annice Smoel jail and 'transportation'?
Annice Smoel has been all over the Australian press and television for the last three days because she has been charged with stealing a bar mat (not beer mat), worth A$60 according to the bar’s owner Australian Steve Wood.
To all callers I have replied: “Wait on. This story will have legs”.
Annice Smoel says friends put the bar mat in her handbag in the ‘Aussie Bar’ in Soi Bangla, in Patong Beach, Phuket, better known among ex-pats as the street of the ‘Lady boys’. Her friends apparently told Thai police that as well, and they did it as a joke. But police, they say, sent them packing.
They also went back to Australia and signed a declaration to that affect (though it would have been better if they had done it in Thailand).
Clearly tourists do not know how nasty it can get in a Thai police station. Even Thai people do not like to go to them, despite the statues nationwide outside police stations showing Thai police carrying and holding the hands of children.
Annice Smoel protested. She was detained two nights in a police station, does not know when her trial will be (and neither apparently do police). Her kids are waiting for her in Australia etc.
Is there something I am missing here? I have to put my hands up. When I was a trainee journalist paid seven guineas a week, my flat was decked out with road signs, warning cones, bar mats, all ‘liberated’. (Yes it was awful and so was I!)
Some of the bar owners rested their beers on their own beer and bar mats at the parties I had. Actually in one case the beer was the pub owners own beer too!
Bar mat only on sale here AU$60 only
Usually these beer and bar mats were supplied to the pubs by the breweries but in this case Steve Wood had his personally made up with his own Aussie Bar logo and I traditional kangaroo and Aussie flag – Not exactly a work of art, but free advertising wherever they ended up.
No sooner had I said ‘Wait!” than Steve Wood was on the air in Australia. To paraphrase he repeated the fact that Annice had stolen his bar mat and although he had not pressed charges he would consider doing now as he had been ‘slandered’ and people were going on the internet saying they would boycott his pub. He added that Annice had an attitude problem and had insulted every policeman from the bottom up to the chief!
How’s that for Aussie mateship. For heaven’s sake she was on holiday! What would have happened if she had been a pom! I cannot find any record of Annice saying anything bad about the bar. Perhaps next time she has a holiday she should avoid signs saying ‘Kangaroo’, ‘Dingo’, ‘Koala’, ‘Streuth’, ‘Fair Dinkum’, ‘Bonzo Sheilas!’, Ned Kelly’s’ , ‘Barry’s Booza’,The (Prison) Ship’, ‘The £10 Pom’ , ‘Rudd’s Repose’ etc. What’s more Steve Wood said he was not in the bar when the incident took place!
So is the big buck in Phuket causing local expat businessmen and newspaper owners to draw back into their fortress and sling missiles? Seems so.
I fled Phuket a couple of weeks ago. It was the songteow and taxi drivers who did it for me…200 baht to travel 600 metres!
After the 2004 Tsunami , Soi Bangla, Katoey Alley, was open full-on within three days. There were still piles of debris in the street from which, I am not joking, came the smell of decaying flesh, and the lady-boys were out in force lifting their skirts and showing their , what they considered, successful operations .
So what do we have today in the Phuket Gazette? Yes a story based on a fawning interview with Kathu Police Superintendent Grissak Songmoonnark, saying the arrest is no joke. He makes no reference at all to Annice being rude to all police ‘ from the bottom up to the chief’. He insists he has got Annice bang to rights.
Instead he compared the case to an Australian who stole a T-shirt from a deaf-mute in Patong Beach. (I guess he got sold as slave labour to a Thai fishing fleet).
“Col Grissak, has extensive experience in the ways of foreigners from his work as head of the Tourist Police in Bangkok” adds the ‘Phuket Gazette’ - and we are all re-assured. (A nice transfer by the way!)
I’m getting the impression people are assuming this is another Simon Burrowes case, which is all very handy I suppose. He insists that it is the Aussie bar owner who pressed charges. He seemed annoyed that Annice insisted she was innocent.
Of course the police chief may be being economical with the facts, something not unheard of in Thailand. But between the two of them they can get at the truth, particularly as the investigating officer appears to be on the security staff of the ‘Aussie Bar’.
There are of course again the usual cries up on the internet ‘jail the bitch’. They were under starters orders from dawn yesterday on ThaiVisa.com and have so far filled over 20 pages of comments. I am wondering which sort of internet posters Steve would like in his bar. He might be better off without a lot of them unless he wants new noxious security!
Then comes this from the Phuket Gazette:
“The Gazette was then told to contact her solicitor, Bernard Murphy of Morris Blackburn, in Melbourne. Why she would choose to be represented by a solicitor in Australia for a fairly straightforward case in Thailand remains open to conjecture.
Mr Wood, who has made it clear that he now has no interest in pressing charges, has his own explanation”. ‘I think they are holding out for some money from the media in Australia. Everyone tells me that all she had to do was file a report at the police station, and I can’t think why else she hasn’t already done so,’ he said.
File what report? I think we should be told. And am I detecting a little resentment here from the bar owner, who might begrudge the woman some hope of the cash for a flight home? I have been waiting for cash from the Aussie media for years but ‘Good on her’ if she gets it.
As for hiring a local lawyer, if Annice had heard about the Simon Burrowes experience she would be right to be cautious. Friends of Simon Burrowes , the last person I know to appoint a Phuket based Embassy listed lawyer, deposited £3000 (150,000 Thai baht approx) . There was a one minute hearing.
Simon - all cashed out
The lawyer said nothing in court and outside he said he would return the cash to the British Embassy before disappearing into the ether! Simon is still waiting for his change. The British Embassy has not been informed by the lawyer of this arrangement.
Annice now has two choices. Either she pleads guilty and is allowed home with perhaps a small fine (but there is a much higher risk here than in the Simon Burrowes case because money is involved – albeit an alleged A$60 bar mat and senior officials in Bangkok recognised the Burrowes story for what it was).
On the other hand she can fight this one and invite the whole Australian media pack along. She’ll have to bring along the friends who pulled the joke too. Most lawyers I know however advise, never fight anything on a point of principal.
I’m so tempted to tell her to fight it, but I know all the agony it will bring her. Best to get out of Phuket as soon as possible.
The Phuket Gazette interview suggests police are entrenched and will do everything to protect their position.
(As an aside another Phuket expat story, in this case the defence of a local British* ‘property company’ in Phuket which has been accused of ripping off clients, see this Phuket Gazette story. Some defences you just can’t make up! And this article will be memorable for years to come for what it does not say). * For British read ‘Sarf London plumber type!
I love Australians. They have a great sense of humour. They have elected a Prime Minister with the first name Kevin. I am waiting to vote in Britain’s first Wayne or Sharon.
But Australian mateship versus the Thai baht or Aussie dollar has come in a distant second in this case.
Somebody ought to get a grip. We are not dealing with hardened criminals just a bunch of girls on a night out!
Lessons for Aussies from Annice Smoel’s experience:
1. Do not be tricked into believing Phuket is in Thailand. This is merely an illusion. So is Koh Samui.
2. If you intend to collect bar mats I can do you a set of ten for $AU60 and stand you a free beer.
3. A songteow (a pick-up with a roof) to the Aussie bar may cost you a day’s pay but do not be tempted to pick up free souvenirs as retribution.
Lisa bang to rights using British passport
4. Like Britain, Australia will not interfere with Thailand’s Justice system unless your name is Lisa Marie Smith and your father is the Aussie CEO of a massive Hong Kong Assurance Company and you have been caught with various quantities of hard drugs , in which case you can get bail , and skip and become ‘Thailand’s Most (Unwanted) Wanted’ person. Lisa had two passports by the way. Initiallyshe thought the British one had more clout but switched to the Aussie one on the advice of her dad.
5: For Aussies with British second passports bring both! If you get nicked for stealing bar mats, sail into Malaysia on the second and say you have come from Oz!
6. For sailing solidays contact here! My pal is sailing around the Andaman looking for paying crew! You have to be rich though. He’s bloody expensive.
Post script: I suggested two options for Annice but did not anticpate the third. On Wednesday May 20 in stepped the Governor of Phuket, Wichai Praisa-nob. After receiving calls from the Ministry of Foreign Affairs and Tourism Authority of Thailand he went to the court paid her fine of £1000, after she pleaded guilty to expedite the case , and Annice was on the next flight home.
So sensible but it took the outcry back home in Australia to bring her release. Such a pity that the local police and bar owner were so entrenched.
Lisa on her way home with Aussie consular escort
One thing that gets me is that the only reason the story got so much attention in the Australian media is because she is a mum with 4 kids. If it was a young guy on a footy trip, no one would care about the story, even if he did exactly the same thing.
Also when she was interviewed by 3AW, the interviewer just skipped over the fact that she tried to leave the bar while they were still interviewing her.
And I do believe she will eventually make money from her story. Magazines like Women’s Weekly and TV programs like 60 minutes pay big money for exclusive stories like this.
Your report is more balanced than comments from other forums or the media. Within the 20 pages of Thaivisa there were some sensible and well thought out comments (some I support, some I don’t but that’s how forums should be). The difficulty on that forum is always having to weed out the flaming, misinformation, illogical argument, speculation, and sometimes bias. But its high number of members at least means there are some posts that take into account the reality that is Thailand. The other forum, Thailandqa, seems to be falling into the trap of being a clique of politically correct Thai apologists where most posts are either copying and pasting from sometimes dubious sources or else thinking of Thai situations and problems with a Western mindset, often from posters who do not live here in an integrated Thai community.
I am sure not everyone agrees with what you write but your blog is essential reading to get a view of the real thailand and always comes across as professional and well researched.
Mike. Point taken. Or if she was English and black? I dont begrudge her making a few bob though. I’m a bit old fashioned when it comes to women.
Newbie. You are absolutely right. The more popular the site the more range of comments one gets. I’ll leave off Thai Visa for a while. I find it all so repetitious especially on long threads when people coming in late do not even bother to read up on what they are posting about!
The moderators should delete posts on the grounds of ‘boredom’!
In Pattaya - as a point of comparison - foreigners - predominately male - often of senior years - on a weekly basis - do the most idiotic and stupid things - and end up committing petty criminal offenses.
BUT these stories invariably go unnoticed by the world’s media.
Why instead did this story get so much attention when after all it was just another petty offense committed by a foreigner under the influence of alcohol in a tourist resort?
Was it because she was reasonably attractive - female - youngish - and a mother of young children?
To me it reflects the degree of institutionalised gender bias that exists within the media.
A seventy year old western male - down on his luck in Thailand - for whatever reasons - enduring various legal obstacles put his way by the Thai justice system obviously deserves no column inches - no media attention or sympathy for that matter from the international community.
Peter. Almost everyone who enters the legal system has a problem one way of the other. Single males in Pattaya, of whatever age, tend to be approached with flashing warning lights unfortunately.
However if a British or Aussie pensioner were arrested for lifting a beer mat and then jailed it would still get press attention. If you know of a particular case email me or sms me with your email.
Peter. Also Pattaya is served with all sorts of ‘journalists’ carrying police radios. They would, I suspect, have no qualms of dobbing a pensioner in it if he did something stupid.
The fact Annice is innocent of the crime. There is a Victorian police, statutory declaration which clearly states that her friends pulled this as a joke / prank.
The reason they pulled the silly stunt, a combination of being intoxicated and that she is the least likely person to ever commit any crime.
There were no ‘hard drugs’ involved, it’s about the same as taking a towel from a hotel after spending the night there, hence the term ’souveniring a bar mat’.
Regardless of the fact that Annice herself didn’t take the bar mat, she was jailed and held to ransom. How many other people have suffered the same hand of twisted fate?
The truth is if she were American, she would have been deported, doesn’t change the fact that there are people on the make out of this and it’s simply a case of people being held to ransom by any means necessary to extract money by means of bribery.
Yes I agree and I am a bit at odds with the Australian who wrote a letter to Phuketwan.com apologising for Annice’s behaviour on behalf of all Australians. Sounds like a bit of a dork!
In this case a bribe was refused but I suspect because Annice’s colleagues did not know how to offer it!
The article on Phuketwan.com is interesting, in that it does address some of the problems that tourists presently face. Primarily being that if you simply raise your voice, you can be locked up!
http://phuketwan.com/tourism/apologise-phuket-beer-mat-australians-11143/
One issue which I found relative on the posting at Phuketwan.com, relates to the case of Simon Burrowes. The guy protested his innocence and was subject to 3 months before the case reached court, by which time he had lost his job, his apartment and return flight. That seems fair right?
Mr Burrowes was trying to board a plane and met with visa problems, meaning he was detained because Thai police suspected his passport was forged. Insisting it was genuine, police called the embassy to check where officials could find no record of it. He was charged with travelling on false papers, charged with insulting Thai immigration officers after he lost his temper and swore. So a frustrated civilian is held in jail and loses his job, flat and ticket?
Dare I say that the right to freedom of expression, westerners take for granted (esp. internet blogs even?) account for absolutely zero, when you are visiting as a guest in any foreign country?
In my humble opinion we are touching on something more than ‘cultural’ differences and this case, like the ones before it and the ones that have never been heard (of which I suspect that are many more than the cases which we have heard about), highlight the dangers people face when taking that dream holiday.
Australian Prime Minister Kevin Rudd addresses the Australian nation stating that ‘every level of consular assistance would be offered’. Which is easy to state for the record as, this amounts to list of Thai solicitors who speak broken English and are unable to intervene any further.
What is required is something to help tourists. While resting on our laurels and passing away statements about ‘what we can’t do to help’, perhaps entering this into government policy and ensuring that people are actually safe to travel and catered for when things get ugly, might work to provide some level of support for people wishing to travel and help boost the ailing tourism economy.
Well the Phuketwan has suggested a special court for tourists. That won’t work, but maybe some sort of ombudsman might. A lot of play has been made of the gentle play of the Thais and their belief it is rude to lose one’s temper. True. But when Thais do bottle up their emotions it can have catastrophic and often fatal results.
I sort of expect Aussies to be boisterous and loud. It’s in their nature. It comes with the turf. Aussies tend to call a spade a spade as well. In this case the women were on holiday.I can live with both (Thais and Aussies). But ordinary Thais do not suffer criticism of themselves or their country well. (Educated ones are happy to debate it) That’s why we get these impasses. I feel the Aussie bar owner should have known the consequences of what would happen if Annice got into the legal system though.
So here’s the tip. Repeat: “This is a wonderful country. The people are fun and kind’ to every Thai ‘ you meet. It really does work and costs nothing. The people you say it to will probably pay your bail if you slip up. After all “Hello handsome man” still works on me!
Well hey there handsome! So what do you think about the cases starting to backup around with similar claims, is this to do with Ms Smoel having paved the way and opened the media floodgates on what is more than cultural differences or a form of faux pas?
http://www.theage.com.au/travel/travel-news/3000-the-price-of-thai-justice-20090522-bhp8.html
This case clearly states that it was all about the bribe. It’s not so black and white in the Smoel case but it is clear that in both bribes are the favoured way of charming your way back to civilisation.
What about if you have spent all your hard earned money and have barely enough to get home with? *coughs* Like most people in an economic down turn? *cough* Great looking blog here…
These sort of stories always bring out other cases, which otherwise may not make the news pages. I am sure there are a a lot more. I have plenty of stories about Thai justice. The fact is that this is a ‘bribe’ culture. But there have been high profile cases where Thai police have publicly refused one. Its all best left to the (*!*% @!)lawyers!
Tourists have little chance in this system. They are at the mercy of everyone especially if they have a plane to catch.
Handsome? Do you really think so?