Pair fight extradition for 2009 murder

Surad Seehaverchart, 29, and Thatiya Terdputham, 36, are accused of a fatal attack on Luke Mitchell, a 29-year-old “good samaritan” who was followed and stabbed five times in May 2009 after he broke up a fight outside a nightclub.
Surad told the court yesterday he was happy to stand trial in Thailand and accept any punishment imposed by a Thai court but didn’t want to be returned to Australia, because he had been called a “stupid Asian” and had heard reports of many racist attacks there.
“Asians have to stay low profile to avoid being bullied in Australia,” he told judges at the Ratchada Criminal Court.
Surad, a student from Phuket, said he had been studying in Melbourne. He flew back to Thailand shortly after Mitchell was killed and was arrested a year ago.
Yesterday, he denied running away. He said Thai police had not presented an arrest warrant when they first came to apprehend him. He later cooperated when detained.
Asked why he wanted to stand trial in Thailand, he said: “Because I’m Thai. My nationality is Thai. If I’m found guilty, I’d like to be punished in Thailand.”
Asked what he was afraid of, he replied: “I understand the procedures in the Thai court. I’d like to prove my innocence to a Thai court only.”
Surad and Thatiya both deny killing Mitchell, a chef from Sanctuary Lakes.
After yesterday’s final witness hearing, they told reporters the person who stabbed the Melbourne chef two years ago was a third Thai man yet to be arrested, who is reportedly the son of an influential figure.
“We did not kill him. The one who did, he’s away – he’s still on the run,” Thatiya said in the court room after the judge had left the chamber.
“We are very sorry to Luke, as well. We didn’t know it was going to happen. We are sorry for the [Mitchell] family.”
Asked by reporters if their colleague, whom they claim stabbed Mitchell, was the son of a jao por – mafia figure – Thatiya replied in English: “So, you know that!”
Earlier, a human-rights activist told the court that sending the two men back to face trial in Melbourne would be a violation of their privacy and rights as Thai citizens.
Sophon Tatichotiphan, who works with a small rights group, said his organisation had written to the Thai Foreign Ministry to oppose the extradition on grounds it would be a breach of their “rights” and “unsafe”.
He said extraditing “our own people to other countries shouldn’t be done. We must protect our people… They should be tried here under Thai law.”
Judges said yesterday they would deliver their verdict – to either extradite or release the two men – on November 30.