“There will be no public event because it is an accident that no one wanted to happen,” said Governor Phakaphong Tavipatana in a news release issued by the Phuket office of the Public Relations Department on Tuesday (July 2).
Governor Phakaphong this week instead highlighted the efforts by Thai authorities, including the police, to investigate the accident and improve marine safety for tourists.
“The case is now in the hands of the Royal Thai Police, and we continue to monitor the legal progress by the Royal Thai Police, who have taken control as the chief investigative officer in the proceedings in order to build confidence for the Chinese government,” he said.
“Also to demonstrate our sincerity that the Thai government has taken this matter seriously and decisively, the case has more than 100 witnesses and [the Royal Thai Police] is now in the process of interrogating all witnesses,” Gov Phakaphong said, according to the release.
“As for the release of information, it is the duty of the Royal Thai Police to take control of the investigation and prosecution,” he added.
Governor Phakaphong said that the Chinese government and Chinese tourists now had more confidence in the safety of tourism in Phuket “because the number of Chinese tourists traveling to Phuket has increased steadily after the incident”.
“There are serious measures emphasizing the importance of safety for tourists, especially in marine tourism,” the Governor explained.
“There are staff at every port, especially at checkpoints before tourists board the boat. The staff must strictly count the number of people and tourists who board the boat. They also have to check the condition of the boat, the safety equipment on board which must be in a ready-to-use condition, such as life jackets. There must be a sufficient number (of life jackets),” he said.
“The port officials must be strong in enforcing safety provisions. If the safety equipment on the boat is not fit for use, the boat will not be allowed to leave the port,” the Governor assured.
“Those providing water travel services must be repeatedly checked for alcohol and drugs in order to have the best potential to take care of tourists according to the policy ‘Safe people, Safe boats, Safe ports’,” he added.
The announcement by the Phuket Governor followed his attendance at a publicity event last Friday (June 28) to welcome 500 Chinese tourists on successfully landing at Phuket International Airport.
The event was held to boost confidence among Chinese tourists that Phuket is a safe holiday destination, as has been the mainstay of the Thai government’s efforts since the Phoenix disaster in order to stave off heavy damage to the tourism industry.
The calamity spelled disaster for Thailand’s tourism public image worldwide as images of bodies being recovered and Chinese tourists still shock and grief spun around the globe on social media, far beyond the influence of the Thai authorities to control.
Bookings by Chinese tourists to travel to Thailand plunged by more than 20% in the month after the disaster. Cancellations in Phuket were much higher.
Regardless, in a show of support and diplomacy by the Chinese government last Friday, the event was attended by Ma Fengchun, Consul General of the People's Republic of China based at Songkhla, which is the lead Chinese consular office in Southern Thailand, overseeing the affairs of the Chinese Consulate in Phuket.
That publicity event came just one day after Governor Phakaphong holding a high-profile public meeting with the Mr Ma Fengchun and Phuket Chinese Consular Office Vice Consul-General Li Chunfu to highlight how safe and convenient it is for Chinese tourists to come to Phuket.
ON TRIAL
Royal Thai Police Deputy Commander Gen Rungroj Sangkram, who was tasked with overseeing the investigation into the disaster, on Tuesday was clear in his different understanding of the current state of the police investigation than that put forward by the Phuket Govenor.
All charges that could be pressed are now being heard in court, he told The Phuket News.
“Right now this case (sic) is being heard in court. About 10 witnesses have already given their testimony,” he said.
However,Gen Rungroj declined to give further details about the cases. “I don’t want to be in contempt of court. It might affect the court’s decision,” he said.
Gen Runroj also again declined to provide a copy of the police investigation reports into the disaster, which were completed in March.
“The police investigation into the Phoenix is completed. We did our job. Our job is done,” he said.
Gen Rungroj stood by his assurances that two officials from by the Ship Standard Registration Bureau in Bangkok would face charges for their part in the allowing the Phoenix to be approved to put to sea.
“I sent the case report concerning the two officials to the National Anti-Corruption Commission (NACC) in Bangkok. They will be charged for their part in the disaster,” Gen Rungroj told The Phuket News.
“The officials will be charged for not performing their duty, the officials to face legal action are both based in Bangkok,” he confirmed, meaning that not a single marine official in Phuket will be held accountable for any role leading up to the disaster, which saw the Phoenix capsize and sink in a storm squall off Koh Hei (Coral Island) that fateful afternoon.
Of note, many other tour boats were also out in the same area during the same storm squall, but did not capsize and sink.
“The details of the NACC’s progress is not within our ambit. I have no right to press them because it is their responsibility. They are not under the Royal Thai Police,” Gen Rungroj noted.
Asked why the NACC was taking so long to conclude their investigation, Gen Rungroj declined to speculate.
Phuket resident Woralak Rerkchaikarn, now 27 years old and the officially registered owner of the Phoenix, as well as Somjing Boontham, the 51-year-old captain of the Phoenix, have spent the past year behind bars at Phuket Provincial Prison since their arrest in the weeks after the disaster.
Their lawyer, Nalin Intarasombat, confirmed to The Phuket News this week that both are each currently facing a charge of “public endangerment”, as listed by the court.
“Right now the case is proceeding well. Mr Somjing and Ms Woralak still deny the charge against them,” she said.
“The public endangerment charge is the charge of recklessness causing death,” Ms Nalin explained.
“Even though they are in Phuket Provincial Prison, we want to prove their innocence in court through police’s work and investigation,” she said.
“Bail is still being denied by Phuket Provincial Court. Other details of our case we cannot reveal,” she added.
“Ms Woralak and Mr Somjing are still strong and still fighting,” Ms Nalin said.
The recklessness causing death charge against the pair may incur a fine of B10,000 to B40,000 – but also may result in a prison sentence of five to 20 years – or even life.
Meanwhile, the Phoenix’s boat engineer, Onchan Kanhayotee, also faces a charged of recklessness causing injury and death to others, Lt Gen Surachate Hakparn, at the time the Tourist Police Deputy Commander and also tasked to work with Gen Rungroj in overseeing the police investigation into the disaster, confirmed in a press conference last year.
Further, Ms Woralak, along with Jakkapan and Yindee Rerkchaikarn, also face charges of ang-yee, a term used in Thailand to describe “operating an illegal secret organisation” that is usually reserved for mafia. That charge was presented on Oct 12 last year.
“From our investigation, we found that TC Blue Co Ltd is the owner of the Phoenix tour boat and that 26-year-old Phuket resident Woralak ‘Yui’ Rerkchaikarn is a shareholder in that company,” Gen Surachate said in November.
“However, we have also found that Woralak’s husband, Chinese national Lei Hou, is the real owner of TC Blue Co Ltd and that Jakkapan Rerkchaikarn and Yindee Rerkchaikarn are also shareholders, but Woralak is a major shareholder,” Gen Surachate explained.
“Investigating officers have discovered from financial records that TC Blue Co Ltd is a nominee company set up for Lei Hou. All those involved with TC Blue Co Ltd are now also facing charges of ang-yee as it is clear that they are running the company illegally for a foreigner,” he added.
THE MISSING CHINESE HUSBAND
Yet Ms Woralak’s husband, named by Gen Surachate as Lei Hou, fled Thailand amid the commotion in the immediate aftermath of the disaster and by July 14 last year – just nine days after the Phoenix sank – had already presented himself on Chinese media under the name Zhang Wenhao to claim that Ms Woralak was responsible for TC Blue business operations while he was just a diving instructor.
Mr Zhang – or “Mr Lei” – remains free from custody.
Lt Col Weerapong Rakkito of the Chalong Police, who was part of the investigation team (as the disaster occurred within Chalong Police jurisdiction), told The Phuket News, “Because he fled Thailand, he has not yet been charged and he is not currently being prosecuted.”
Asked what charge Zhang is to face, Col Weerapong said, “I want to answer, but it is too sensitive an issue to talk. Please ask the station police chief.”
He then terminated the conversation.
Pol Col Therdthoon Sroisukphaphan, who was Chalong Police Chief at the time of the disaster but is now Chief of the Yang Sisurat District Police in Maha Sarakham Province, told The Phuket News, “I don’t know any details about it.”
Col Pakkayot Tanongsak, who was Chalong Police Chief for most of the duration of the investigation up until March this year, was not available to answer questions from The Phuket News.
Col Pakkayot in March was transferred to become Chief of the Investigation Division of the Immigration Police in Songkhla Province.