Nearly 11 years after a horrific car crash changed her family's life forever, Saranya Chamni, 45, is now faced with a devastating decision -- whether to continue the legal and medical fight for her daughter, Nong Cartoon, or allow her to live out her remaining days in peace.
How it started
On the night of Sept 19, 2014, Namphueng Jaisangiam, then 22, was involved in illegal street racing when she lost control of her modified pickup truck and ploughed into the "Lung Yai Steakhouse" at the entrance of Soi Ekkachai 119 in Bangkok's Bang Bon district.
The crash instantly killed the shop owner, Phanuthat Saksitphan, 42 -- Ms Saranya's husband -- who died using his body to shield their five-year-old daughter, Narasiri, affectionately known as Nong Cartoon.
The impact nonetheless left Nong Cartoon with severe brain trauma. She lost 75% of her brain function, along with her vision and ability to communicate. Her condition required ongoing medical care, and she has remained bedridden for over a decade.
The cost of her care has continued to accumulate, now reaching at least 1.9 million baht.
The driver, Namphueng, now known as Wanthanan Phiewkliang, has failed to take responsibility or pay any compensation.
She has since disappeared, leaving Nong Cartoon's mother, Saranya, to bear the burden alone for the past 11 years.
A long legal battle
On Aug 18, 2015, the Thonburi Criminal Court sentenced Namphueng to two years and six months in prison but reduced the sentence to one year due to her confession and lack of prior criminal record.
She was also fined 3,000 baht and ordered to pay 6.3 million baht in compensation to the family of Nong Cartoon. However, despite her release from prison, Nong Cartoon's family has yet to receive any contact from Namphueng.
The only money Ms Saranya received was on one occasion at a police station when Namphueng paid 40,000 baht for damages to her shop.
On Dec 27, 2014, Namphueng posted on her Facebook saying: "I wasted time with this mother and daughter at the steak shop... I paid for my car, and my car was wrecked. Who's going to pay for that? You guys are selfish, fools. PS I'm just complaining. I won't pay what they asked for, I'll stretch it out until the statute of limitations runs out, haha!"
The 10-year statute of limitations expired on Sept 19 last year. Namphueng failed to make any payments, claiming she had no assets. However, some allege she transferred her assets to others prior to her sentencing.
None of the financial compensation paid by the defendant has alleviated Ms Saranya's burdens, as Nong Cartoon's treatment costs reached 100,000 baht a month at one point.
In an effort to support her daughter's ongoing treatment, Ms Saranya decided to reopen the steakhouse on Suksawat Road in Ratburana district. She also created a Facebook page where she regularly updates her 219,000 followers on her daughter's condition and the legal proceedings. The page was also used to seek donations when necessary.
Keep on fighting
Ms Saranya recently offered an update on her daughter's condition in which she says Nong Cartoon has a severe lung infection, and is unable to breathe on her own.
She has been in ICU for three weeks. A doctor said her daughter would need a ventilator for the rest of her life.
At one point, Ms Saranya considered giving up and allowing her daughter to pass away in peace. When she shared this painful thought on social media, it sparked widespread criticism -- not of her, but of a justice system that had failed to deliver for a mother and her severely injured daughter.
Rukchanok Srinork, a Bangkok MP from the People's Party, highlighted the glaring injustice in the system and the stark contrast between the lives of Ms Saranya and Namphueng, who has posted pictures of herself and her husband enjoying a lavish lifestyle.
Ms Saranya, interviewed later by the media said: "I thought about letting her go, thinking that Nong Cartoon has suffered enough, being bedridden for 11 years. But the other day when I visited her, I called her name. She responded, opened her eyes and searched for the sound. Her fingers twitched.
"It became so hard to let her go, so I decided that if her condition improved enough for her to leave the hospital, I'll take her home and care for her myself. Right now, I am looking for a new legal way to fight the responsible party," she said.
Finding a solution
Justice Minister Pol Col Tawee Sodsong once said he was concerned about enforcement of the judgment. Under the Civil and Commercial Code, there is a 10-year statute of limitations for judgments, with the plaintiff (in this case, Nong Cartoon), needing to pursue an asset investigation against the driver.
Although the 10-year enforcement period has expired, her family could still ask the court to extend the asset investigation period for the driver who crashed into Nong Cartoon. This case is also a matter of human rights, so he needed to study legal provisions related to the "Justice Fund" to see what help could be provided.
Another suggestion came from Kosolwat Inthuchanyong, director-general of the Office for Rights Protection, Legal Aid, and Enforcement of Judgments under the Office of the Attorney General.
He said that although the civil case has passed the statute of limitations, Ms Saranya can still convert the civil case into a criminal case by filing charges of fraudulent concealment of assets from creditors.
"This can be pursued by investigating the transfer of assets by Namphueng, as such transfers must be supported by evidence," he said.
