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Loophole clouds Santika charges

By: Supoj Wancharoen
Published: 9/01/2009 at 10:20 AM

The owner of the fire-ravaged Santika pub -- described as a "deathtrap" -- may escape charges for violating the Building Control Act through a legal loophole.

As the pub was not a ``controlled building'' under the law, it was not required to have a fire control system or emergency exits, according to the Bangkok Metropolitan Administration's public works department.

Chatnai Navaphut, chief of the public works department, yesterday revealed the building was originally registered as a private residence, but its owner later requested a change in the building type to an entertainment venue.

Mr Chatnai said he had no idea whether the request had been approved by the Metropolitan Police Bureau which is in charge of issuing entertainment business licences.

A source from the BMA's public works department said although there were concerns the pub building had a number of safety flaws, the owner was unlikely to face charges for breaking the Building Control Act.

``Santika pub's building is neither a large building nor a high rise, therefore it is not required to have fire escapes and exits,'' the source said.

The City Hall clarification over the building's status came after engineering and architectural experts pointed the finger at Watthana district office, which granted the construction permit for the pub which opened in 2005.

They said the construction permit issued by the district office held the key for pinpointing who should be responsible for the fire that killed 64 revellers and injured 68 others.

Under the Building Control Act, buildings categorised as private accommodation are not required to adhere to the same rigid safety regulations as entertainment venues.

The district's construction permit would reveal if the pub building had been used for the purpose listed in the permit and if the building owner followed safety regulations issued for a certain type of building, they said.

Watthana district officials yesterday refused to give details about the construction permit, saying the document was issued during the term of the previous district chief.

One official said the office could not even find a blueprint of the pub building, submitted for construction approval.

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  • Payu

    Discussion 38 : 11/02/2009 at 09:45 PM38

    What can you say about Thailand..."You can take Thailand out of the Ghetto, but you cannot take the Ghetto out of Thailand = A developing country with undeveloped mentality!!! Shame on you!!!

  • Payu

    Discussion 37 : 11/02/2009 at 09:36 PM37

    The authorities can say all they want. All we can see is that there are no efforts nor moral obligations by the relevant authorities to investigate and punish those criminals involved. For God sake, stop offering amaturish excuses and get the damn job done. The Thai authorities are so damn useless that they cannot even bullshit well, let alone convincingly. Third world mentality, third world ego. If those involved have any honour, they should resign or commit suicide. This is very very embarassing for Thailand, the Land of Mai Pen Rai!

  • Robert Yong

    Discussion 36 : 08/02/2009 at 03:21 PM36

    One way or another, the rich and powerful will get their way - for killing other people.

    The guys who own and run the fatal Santika pub, after it has burned down and killed so amny people, have just found a looophole to escape from the laws.

    Even if this doesn't fix the situcation for them and another section of the building codes (or whatever) clamp down on them these rich folks will find another way (or grease more palms) to escape. They will never be charged, indicted and punished. They will just walk away from Thai courts, saying "justice has been done for THEM." Sorry, they won't even need to appear in Thai courts. Some unlucky bvand singer or night watchman, janitor will take the rap for them, saying it's due to thie "neglience" that the fire happened. Tha's how it will all end.

    Welcome to Thailand.

  • Happy Expat

    Discussion 35 : 23/01/2009 at 07:45 PM35

    The educated, wealthy Thai's I know have a mindset and practices that reinforces their elite status while making life for average Thai something less than average. I'm very lucky to be able to come to and leave this country as I choose.

    If I was an average Thai citizen, knowing what I know about Thailand, it's social and political systems and knowing what life is like in a developed countries, I would climb to the highest building I could find and throw myself off. Or I would try to marry a farang.

  • Jeremy

    Discussion 34 : 14/01/2009 at 01:11 PM34

    "Don't get my wrong nobody is critiquing Thai or Thailand, just the people who take huge amount of money by business or corruption without protecting them in term of security and safety"

    Oliver, I personally don't think anyone would provide a shred of 'safecurity' if they are involved in even the slightest illegal form of business. Sadly its everywhere, and in this case, led to this tragic event.

  • bee

    Discussion 33 : 12/01/2009 at 11:43 AM33

    laws are "fixed and dead" statements ... it is always a matter of interpretation for legal teams. but if you really want to charge the owner/company... there are other laws. if the building was registered as residential ... charge the man for running an illegal entertainment business on a residential building. i am sure there can be so many misdemeanors that can be slapped on the owner/company!

  • Wasana

    Discussion 32 : 11/01/2009 at 05:44 PM32

    Oliver READS what Samchai actually said.

    He said "I am amazed they have moved on" in other words he does NOT agree with them. If you are going to write in English I would suggest you learn to read it first.

    I am Thai and I am ashamed of this.

  • Oliver

    Discussion 31 : 10/01/2009 at 04:30 PM31

    Samchai: HOW DARE YOU SAYING "me or my Thai friends have already "moved on" from this Santika incident." We must not have the same value, my "Thai" friends are still chock by what happened. Being Thai you should speak for yourself not the Thai people, like I do being a foreigner.

    Maybe you just have the memory of a red fish remembering only 5 sec of your past. No matter who speak here in the comments nobody cannot forget what happened. If you had a relative, a friend who die there you would talk differently. Unless the word "Value" and "Respect" is not in your vocabulary.

    Don't get my wrong nobody is critiquing Thai or Thailand, just the people who take huge amount of money by business or corruption without protecting them in term of security and safety.

    Those values are beyond borders and continents it's part of humanity.

  • Happy2009

    Discussion 30 : 10/01/2009 at 05:50 AM30

    SANTIKA Deathtrap!!
    Soon in NEIGHBORHOOD NEAR YOU!!


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  • Happy2009

    Discussion 29 : 10/01/2009 at 05:40 AM29

    SAINT-IKA WILL BE BACK!!
    The Night of the Living Dead !!

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