Wednesday, 11 February 2015

Patttaya, 11th February 2015

Pattaya Provincial Court yesterday lifted a temporary injunction issued last year in a case filed by Barbara Miller, whose son was jailed in Thailand last year for 38 years for child sex offences.

The 38 year sentence came after Miller changed lawyers to Siam Inter Laws.

The order to lift the injunction came at the end of the first day of evidence in a case filed by Miller against Millers previous law firm Alba Laws, and one of the firms shareholders,  Brian Goudie.

After changing lawyers to Siam Inter Laws, and filing the case against Alba Laws and Goudie, the new lawyers for Miller requested an injunction in February last year to prevent a member of staff, Boonrod Baikrathok, from being removed as a director of Jimi International, claiming there were no grounds for Baikrathok to be removed.

Following hearing evidence of a major theft at the premises, being presented with evidence of ongoing damages to the company, being advised that the company was unable to operate and being presented with further evidence that shareholders had already acted to approve removing Baikrathok as a company director, the Court advised the injunction could not continue and an order could be issued immediately that would cancel the injunction.

Goudie, on behalf of the shareholders of Jimi International had already taken possession of the premises last month,  and changed locks with approval of police. Police have ordered Baikrathok to surrender to be charged with the alleged theft.

Following a failure by Baikrathok to surrender, police are reported to be currently applying to Pattaya Court for an arrest warrant to be issued for Baikrathok.

The Court had been advised early yesterday Miller would not appear to give evidence at the trial, and had been presented with evidence that theft charges were pending against Baikrathok.

Lawyers acting for Goudie requested a formal order be issued by the Court that would allow the injunction to be lifted, allowing Baikrathok to be removed immediately, and documents were filed.

Later in the day, lawyers confirmed the order to lift the injunction was signed by the presiding judge late last night and would be submitted to the Department of Business Registrations immediately - it is expected that Baikrathok will be removed as a director forthwith.

The Court also heard evidence that lawyers for Miller had not checked critical facts prior to filing the case.

An application by lawyers acting for Miller that the trial against Alba Laws and Goudie be adjourned to call new witnesses was also dismissed.

Goudie said late last night:

'Alba Laws has offered Mrs Miller a very generous settlement offer several times In what we have always maintained was a contract dispute.

If it is confirmed that lawyers acted without properly checking facts in this case, and therefore filed a false criminal charge, they themselves will face criminal charges.

We are also carefully checking witness testimony as several significant inconsistencies have come to light, and perjury charges are expected against at least one witness.

There has been widespread media attention in this case, and we will be consulting with lawyers to see if any liability has arisen that would allow charges to be filed.

We are grateful that the Court acted so quickly today to issue the order to lift the injunction, and our lawyers have been instructed to take immediate criminal and civil action against the relevant party in relation to the theft of company assets.'


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