On the 4th January 1990 Mr. Davis was arrested and accused,
with others, of attempting to sell a large quantity of Heroin
to a police informer. The sole evidence at trial against him
consisted of verbal evidence from police officers concerning what
took place inside and outside the Bangkok Bank head office on two
separate days, the 19th December 1989 and the 4th January 1990
allegedly supported in part by dated and timed bank security video
recordings of what took place inside the bank during the material
dates and times.
The police took custody of the recordings and at
trial produced 8 photographs taken from the recordings which the
prosecution alleged supported the police evidence. The court records
show that there were a number of inconsistencies between various
police officers recollections of what took place and the photographs
produced. In order to settle the matter, on the 15th July 1994,
the trial judge issued a summons to the police to bring the video
recordings to court. The police refused to accept service of the
summons (we have recently learned that the Defence lawyer had ascertained
that police records of the time disclosed that the videos were on the premises).
When the defendants' lawyer applied to the court to enforce its own order
for production the court refused to do this. The Chief Justice of Thailand
was consulted and apparently confirmed in open court that the courts had no
power over the police. The court proceeded to hear the case and convicted him.
Appeals in the circumstances of no practicality, were pursued. In June 1999 The
Attorney General of Thailand confirmed to HMG that the tapes were not produced
but stated that the verdict was safe.
Allan has refused lodge applications for royal pardon as he maintains his innocence.
Letters can be addressed to Allan at:
Bang Kwang Central Prison
117 Nonthaburi Road, Suan Yai, Nonthaburi 11000, Thailand.
