Phuket: The lawyer of the woman doctor who claimed she was kicked in the back by a Swiss man while she was sitting in front of his villa in Phuket in February has appealed against the court's decision to dismiss the case.
The assault took place on Feb 24 when Dr Thandao Chandam, 27, plaintiff in the case, was reportedly kicked in the back and verbally abused by a 45-year-old Swiss national Urs Fehr, also known as David, the defendant, while she was sitting in front of his villa on Yamu Beach in Phuket's Thalang district.
However, Phuket Kwaeng Court dismissed the case on Sep 3, giving Mr Fehr the benefit of the doubt as there was no clear evidence proving the alleged assault.
Dr Thandao's lawyer, Niphit Intharasombat, said yesterday the case warrants an appeal to the Supreme Court based on principles of reasonableness, where the credibility of the arguments presented by both parties are weighed.
He said that in his view, the testimony of Dr Thandao and her colleague, who was also present at the scene, are more reasonable than that of the defendant.
Mr Fehr was upset with the doctor for trespassing, he said.
Dr Thandao's companion apologised and attempted to leave the area as she believed the man's claim that he owned the property. Mr Niphit said they reported the assault to a security guard nearby, and when they returned to the property, Mr Fehr attempted to attack Dr Thandao again amid visible signs of anger before his wife showed up and joined him in abusing them.
"Two police arrived and separated the two sides. They held mediation over three hours focusing on the issue of trespass and assault," Mr Niphit said, adding Dr Thandao sustained injuries confirmed by forensic examinations.
"The doctor and her colleague wouldn't have informed the security guard immediately if she hadn't been attacked," he added. Mr Niphit said he had filed an appeal with Phuket Kwaeng Court, expressing hope that it will prompt the Supreme Court to look into the case again.
