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[Thai Economics Library | Archives| Currency Crisis 2007| Entrepreneurs]
January 09, 2009

publoophole

Wiggling out of culpability, officials looking for an exit...
60 people dead at Santika Pub but no one is responsible?

By Jon Fernquest

Santika PubHere are some of the reactions to the Santika Pub disaster. Which do you think are reasonable?

1. "Pubgoers should look for exits before they enter a pub. Sometimes, sprinklers might not work."

2. "Seems Khun Paul and Khun Neill need to understand that safety of the building is still very much responsibility of the owner. ...no one can prohibit the use of the property if found unsafe by the inspector or the officials...how to make the owner or operator realise the seriousness of the loss compared to the expenses they could save skipping the regulations. Make them think the victims could have been their love ones!"

3. "All the required certificates for obtaining an entertainment licence are basically a way for officials to subsidise their salaries...They should all be fired from the top down …and then made to walk from Top to bottom of Thailand wearing a sign saying I AM CORRUPT & help kill plus destroy lives and families..."

4. "Note in particular the proposed leeway given to authorities to reduce the penalty for non-compliance from 10,000 Baht per day to 1 Baht per day. Why should the penalty be flexible? You either comply or you don't comply. This is nothing but a built-in clause to allow bribery." (Note: italics added by me for emphasis)

wiggle - move up-and-down from side-to-side in short quick movements
wiggle out of -
when trapped, moving your body around through small opening to escape 
culpability -
responsible for something wrong or bad that happened 
X responsible for Y - X is the cause of bad event Y can can be blamed for Y
reasonable -
a decision or action that makes sense in the situation
certificates - an official document stating that certain facts are true
subsidize Y - pay part of the costs of Y
fired - when you lose your job because you did something wrong
leeway - freedom in action, flexibility allowed for change
comply (verb) - follow a rule or law (do what a rule or law says you must do)
compliance
(noun) - the act of complying
penalty for non-compliance - money you must pay when you are caught not following a law
a clause - one part or section of a law
a built-in clause -
section added to the law
bribery -
paying authorities or police to allow you to do something
built-in clause to allow bribery -
the law has been changed to allow people to avoid the law by paying authorities or police

Avoiding responsibility

None of the various government departments involved in the investigation surrounding the Santika Pub disaster want to be held accountable for the over 60 deaths. That much is obvious.

So each of them vigorously insists it was not their responsibility.

The pub was registered as a private home but was actually a crowded and dangerous bar.

The public works department points the finger at the police who issue "entertainment business licenses."

Local government officials say they cannot find the building plans on file.

Officials claim all documents were issued years ago by other officials so they "refuse to give details."

So someone made a big mistake (See list of safety shortcomings).

Maybe
...we will never know who....

X held accountable for Y - X did something to cause bad event Y
vigorously - with energy
insists - will not change what you believe and say (even if people do not agree)
finger pointing -
blaming (saying some people caused a bad thing to happen)
points the finger at X - blames X
shortcomings - faults or weaknesses (not up to the level they should reach, short of this level)

Loophole clouds Santika charges

Supoj Wancharoen
9/01/2009

The owner of the fire-ravaged Santika pub -- described as a "deathtrap" -- may escape charges for violating the Building Control Act through a legal loophole.

X clouds Y - X makes Y unclear
charges - when the government officially accuses of someone of breaking the law
fire-ravaged - severely damaged by fire 
a loophole, a legal loophole - an imperfection in the law that allows one to avoid the law (See glossary)

As the pub was not a "controlled building" under the law, it was not required to have a fire control system or emergency exits, according to the Bangkok Metropolitan Administration's public works department.

Chatnai Navaphut, chief of the public works department, yesterday revealed the building was originally registered as a private residence, but its owner later requested a change in the building type to an entertainment venue.

Mr Chatnai said he had no idea whether the request had been approved by the Metropolitan Police Bureau which is in charge of issuing entertainment business licences.

public works - buildings, roads, and other things built by the government for the people in a country (the public)
a private residence - a home (not a business) an entertainment venue - a place where people come for entertainment (a stadium, a concert hall, a theatre, a night club, a disco, etc)
had no idea whether... - I really did not know if ...

A source from the BMA's public works department said although there were concerns the pub building had a number of safety flaws, the owner was unlikely to face charges for breaking the Building Control Act.

"Santika pub's building is neither a large building nor a high rise, therefore it is not required to have fire escapes and exits," the source said.

a high rise - a very tall building with many floors 
fire escapes - special stairways or exits to quickly exit a building

The City Hall clarification over the building's status came after engineering and architectural experts pointed the finger at Watthana district office, which granted the construction permit for the pub which opened in 2005.

They said the construction permit issued by the district office held the key for pinpointing who should be responsible for the fire that killed 64 revellers and injured 68 others.

Under the Building Control Act, buildings categorised as private accommodation are not required to adhere to the same rigid safety regulations as entertainment venues.

a clarification - trying to make facts clearer 
a construction permit - official permission from the government to build something
pinpointing X - determining exactly X
adhere to Y - follow Y
rigid safety regulations - rules for safety that cannot be changed or avoided easily 

The district's construction permit would reveal if the pub building had been used for the purpose listed in the permit and if the building owner followed safety regulations issued for a certain type of building, they said.

Watthana district officials yesterday refused to give details about the construction permit, saying the document was issued during the term of the previous district chief.

One official said the office could not even find a blueprint of the pub building, submitted for construction approval.

a term, a term in office - the official length of time serving as government official a blueprint  - the large paper maps and diagrams of a building (used to build the building)



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