Court acquits Swiss man accused of beach assault due to lack of evidence.
PHUKET: The Kwaeng Court has issued its detailed ruling on the acquittal of Swiss national Urs Fehr, who faced allegations of kicking a doctor while she sat on the steps at Yamu Beach on February 24. The court determined that the prosecution failed to present clear evidence to substantiate the claims of physical assault.
The ruling, made public on Wednesday, highlighted that the 45-year-old defendant was given the benefit of doubt. According to the account, Mr. Fehr, also known as David, believed that the doctor and her friend were trespassing on his property before he allegedly kicked Dr. Thandao Chandam in the back as she and her companion enjoyed a full moon view.
In its analysis, the court referenced video footage showing Dr. Thandao turning her head towards Mr. Fehr as he approached. The court pointed out that if the alleged assault occurred, she should have been able to identify the attacker and offer specific details, especially since the scene was well-lit during the full moon.
Additionally, the court noted that Dr. Thandao stood up and walked away from the incident without distress, contradicting her statement to police that she had tumbled forward due to a kick. Furthermore, she did not inquire about Mr. Fehr’s motives, which the court deemed unusual in an assault scenario.
The court examined the positioning of the individuals involved and concluded that Mr. Fehr would not have been able to kick her if he was standing on a higher step, contrary to the doctor’s testimony. Key witnesses, including a nurse who took photos of Dr. Thandao, were not called to testify, raising further doubts about the claims.
Ultimately, the court found insufficient evidence to support the allegations and dismissed Dr. Thandao’s claims of suffering post-traumatic stress disorder, citing expert testimony that such conditions typically arise after life-threatening situations or severe injuries. Following the ruling, the court also lifted its previous travel restriction on Mr. Fehr.
