The sentence was handed down by the Region 8 Court of Appeal today (May 23), overturning his acquittal by Phuket Provincial Court in the initial case against him in September last year.
Fehr was accused of kicking Dr Thandao in the back and verbally abusing her while she sat on the steps in front of his rented beachfront villa on Yamu Beach, in Pa Khlok, on Feb 24, 2024.
Fehr had accused Dr Thandao of trespassing, but Dr Thandao, then 27, filed a physical assault complaint shortly after the incident, which was partially captured on video and shared widely online, sparking national outrage and demands for his deportation.
Public Prosecutors and Dr Thandao’s legal team, led by lawyer Nipit Intarasombat, jointly appealed the initial decision to have the case against Fehr dismissed.
The jail sentence handed down today is not negotiable, as the court ordered that Fehr serve the time “without probation”.
However, the sentence is also the minimum jail term that can be handed down for the assault charge, filed under Section 391 of the Criminal Code.
Section 391 of the Criminal Code states: “Whoever commits an act of violence without causing bodily or mental harm to another person, shall be punished with imprisonment, not more than one month, or fined not more than ten thousand baht, or both.”
Fehr was not present at the court today, despite a warrant for his arrest already being issued after he failed to present himself to the appeal court last month.
Fehr already had a court subpoena issued in advance clearly stating that he was required to appear in person.
“Under Thai criminal law, defendants are required to appear in person for all hearings. He cannot send a legal representative on a criminal case,” Dr Thandao’s lawyer, Mr Nipit explained.
However, queries by The Phuket News later confirmed that police never acted on the warrant, as senior officers at Thalang Police explained that although they were aware of the warrant and its instructions for Fehr’s arrest, they were powerless to act on it as they had never officially received it.
Mr Niphit confirmed to The Phuket News today that Fehr has the right to appeal today’s decision, but added, “At present, the defendant [Fehr] has fled the court’s arrest warrant and is likely to have left the country.”
Following the initial incident in February last year, which sparked a wave of anti-foreigner sentiment across the island, Phuket Immigration launched a probe into Fehr’s conduct, including allegations of firearm possession and visa violations.
However, it was explained that any decision on deportation was expected to follow the conclusion of the criminal proceedings.