Simon Carman to plead guilty to charge of concealing Thai teen’s corpse, not guilty to other charges

Australian Simon Carman has agreed to plead guilty to concealing a corpse, one of four charges laid against him in the trial over teenager Tunchanok Donhomla’s alleged murder in Thailand.

Police and rescue volunteers discovered the naked body of Ms Tunchanok, who was known as Cake, inside a discarded suitcase in the popular seaside city of Pattaya in June.

Prosecutors charged Mr Carman with intentional murder, concealing a corpse, moving or destroying a corpse, and abducting a minor for indecent purposes.

Mr Carman has maintained his innocence and said the 17-year-old girl was “responsible for her own dєatᩚh”.

In a hearing at Pattaya Provincial Court today, the presiding judge spoke directly to Mr Carman through a translator, urging him to plead guilty to the charge of concealing a corpse.

He told Carman that CCTV footage showed him dragging a suitcase out of the lobby of the building where he was staying.

Two days later police found Ms Tunchanok’s body inside a suitcase that had been dumped along railway tracks near Mr Carman’s accommodation.

The judge also urged Mr Carman to plead guilty to the murder charge so the Australian could argue self-defence.

“Why should I plead guilty? I would be lying to myself and everyone,” Mr Carman responded in court.

In a statement provided to the court via his lawyer, Mr Carman said he did not strangle Ms Tunchanok, but he did squeeze her jaw in self-defence.

He refused to plead guilty to the other charges but did agree to plead guilty to concealing a corpse.

Confrontation with family of teen

After the judge left the courtroom, Ms Tunchanok’s family confronted Mr Carman before he could be led away, cursing him through tears and asking him to apologise.

The teenager’s cousin Khanitta Nongkhampoon, 37, asked Mr Carman: “Why did you kill her?”

“I didn’t kill Cake,” Mr Carman said.

“She’s responsible for her own dєatᩚh. She had a knife to my throat.

“I don’t feel guilty because I haven’t done anything wrong.”

Through tears, Ms Tunchanok’s father Thongchai Donhomla, 46, asked Mr Carman to consider the family’s feelings and apologise.

“I cannot apologise,” Mr Carman said.

“I didn’t harm Cake. I don’t know how she died.”

December 8, 9 and 11 were set down for the trial.

Mr Carman’s lawyer, Sorasit Pongin, told the ABC he expected the verdict to be delivered about one month after the trial concluded.

Speaking exclusively to ABC in the courtroom before returning to Pattaya Remand Prison, Mr Carman said he felt “numb”.

“I cannot do anything. My hands are tied,” he said.

“I have plenty of health issues as it is and this is not helping.”

He said he hoped the charges would be dropped or that he would be granted bail.

Through tears, Mr Carman told the ABC that he spoke with his mother in Australia every Friday for 10 minutes.

“I’m frustrated,” he said.

“Nothing was intentional. Everything was purely in self-defence.”

Prosecutors confirmed they had 10 witnesses, but that would only call seven to testify.

Only Mr Carman will testify in his defence.

The prosecution has passed on its list of evidence to his defence team.

If found guilty of murder, he faces life imprisonment or the dєatᩚh penalty in Thailand.

Family files civil suit

The court also heard the family of Mr Tunchanok was seeking compensation from Mr Carman.

On Sunday, Ms Tunchanok’s cousin Khanitta Nongkhampoon told the ABC the family had filed a civil lawsuit against Mr Carman and was seeking 1.65 million baht ($A70,500) in compensation for the 17-year-old’s dєatᩚh.

In Thailand, victims of crime and their family members are permitted to lodge civil cases seeking monetary compensation from alleged perpetrators in addition to any criminal prosecution.

Ms Khanitta said the money would help Ms Tunchanok’s father pay for funeral expenses, as well as compensate him for the financial support his daughter would have provided in the future.

“Nobody wants money from this. They want the person’s life back. She should have had a future that went much further than this,” Ms Khanitta said.

Almost four months after Ms Tunchanok’s dєatᩚh, Mr Thongchai said his grief remained overwhelming.

“Normally, she would be at home when I get back from work. I would see her every day. Now when I go back, there’s nothing left but emptiness,” he said through tears.

“I want the case to be pursued to the fullest extent. Deep down, I wish for the dєatᩚh penalty, but I think it probably won’t go that far.

“I’ll leave it to the law to take action to the maximum extent, because I have lost my only child.”

The Office of Rights Protection and Legal Aid has assisted Ms Tunchanok’s family to apply for a government lawyer to help them pursue the civil lawsuit and to also assist with the ongoing criminal case.

Court will give case ‘higher priority’

An official from the Office of Rights Protection and Legal Aid said the civil case would not affect the outcome of the criminal case against Mr Carman.

Ms Tunchanok’s family would only be awarded compensation if the Australian was convicted of the charges against him, they added.

“If they file a civil lawsuit separately, they will have to pay court fees,” the official said.

“But since this is a civil case related to a criminal case involving a murder that has caused damage to life, they can bring the civil claim as part of the criminal proceedings without having to pay court fees.”

The legal aid office confirmed that the civil and criminal cases against Mr Carman would be heard simultaneously.

The court will issue its rulings on both at the same time, according to the office.

“Because this is a high-profile case that has occurred recently and involves a tourist, the court will give it higher priority and try to expedite the proceedings,” an official from the office who did not want to be identified said.

“We need to present as much evidence as possible to help the court understand the family’s circumstances and consider their claim sympathetically,” the legal aid office said.

“However, an important factor is also how much Simon [Carman] can afford to pay.”

Carman in custody since June

Mr Carman was represented in court by lawyer Sorasit Pongin, who told the ABC he had been retained by the defendant’s mother.

The West Australian man has been held at the Pattaya Remand Prison since his arrest in June.

“There was no intention at all [to kill Ms Tunchanok]. I didn’t know what to do,” he said to a member of his defence team in court today.

“Cake is responsible for her own dєatᩚh.”

When Mr Carman, who appeared in court barefoot with ankles shackled and wrists handcuffed, was asked by the judges if he would agree to pay compensation to Ms Tunchanok’s family, he responded: “I’m not guilty so I cannot plead guilty.”

“I am innocent and they cannot lock up an innocent man,” he said.

“Why [do] I have to pay compensation when I haven’t done anything wrong? I do feel bad for the family.”

Ms Tunchanok was last seen alive on June 25, when she was recorded on CCTV walking hand in hand with Mr Carman into the elevators of his condo building about 3:30am.

Mr Carman was later seen on CCTV dragging a large suitcase out of his room and transporting it on the back of a motorcycle.

Her body was found inside a suitcase near Mr Carman’s accommodation two days later.

A police autopsy found that the teenager died from suffocation.

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