A still from video posted to Facebook on March 17 showing two New Zealnd men identified as brothers Oscar Day and Hamish Day (inset), both from Hamilton, struggling with a Thai police officer in Phuket, Thailand and grabbing his pistol. Photo / Thapapong Trs
Hamish and Oscar Day, 36 and 38, were holidaying together in Phuket, Thailand, when they were pulled up by a police officer who claimed they were speeding and not hugging the roadside closely enough.
Laurence Day said both men had their own families, including children, in New Zealand who were deeply concerned for their wellbeing.
“They were just on holiday. It’s very difficult. At the moment they’re okay. It’s a very trying time.” He said Hamish Day had managed to get a single text message out to his wife but they had received no other communication.
The pair were due to appear in court today after their arrest on charges of robbery, obstruction of police duty, physical attack against a policeman, driving without a licence and bribery.
Thai media reported the charges came after police senior sergeant major Somsak Noo-iad ordered the Day brothers to pull over as they rode motor scooters along one of the main thoroughfares in the port and shopping district of Chalong in Phuket.
The Bangkok Post reported that the Days initially sped up before stopping, allegedly shouting at the police officer who recorded their actions on his mobile phone.
At that point, it was alleged, the New Zealand tourists attempted to block the recording in an altercation that turned physical and led to a shot being fired from the officer’s automatic pistol during a scuffle for control of the weapon.
‘He have gun. You stop.’
Reinforcements from a nearby police station soon arrived and the Days were arrested and charged.
In video captured of the altercation, a woman can be heard shouting at the men: “You stop, you stop. He have gun. You stop.”
A voice with a New Zealand accent can be heard saying: “The policeman was trying to attack us.”
The video shows Hamish Day standing at the roadside watching as his brother Oscar tussles on the ground with the Thai police officer.
“He’s trying to kill him,” a voice can be heard shouting, although it is unclear who it is directed at.
When the video was broadcast on Thai television, it used a red ring to highlight an object Oscar Day and the police officer appear to be wrestling over. Thai police have said the officer’s pistol was taken during the incident and discharged.
As Oscar Day attempts to separate himself from the officer, Hamish Day can be seen moving closer with a mobile phone pointed at the men on the ground as if trying to video the pair.
Then in another frame, Hamish Day can be seen approaching the pair on the ground holding an automatic pistol in an open-handed fashion as if offering it.
In another part of the video, the Day brothers can be seen standing at the roadside next to two motorcycles facing the police officer as reinforcements arrive.
Laurence Day said his sons had been in Thailand for around a week travelling and seeing sights. Both had been to the country previously, he said, and “they thought it was a wonderful country”.
He said they had about 10 days to go before they returned to New Zealand when the incident happened.
Laurence Day said he had no further information about what had happened other than what media had reported. He said the men had a lawyer who they were working with in Thailand and he was considering flying to Thailand himself to see if he could assist.
Until December, Hamish Day had worked as chief executive at Code Avengers, an education business teaching computer programming mainly through schools across Asia and the Pacific. The company was owned by Laurence Day, who was chairman.
New chief executive Matt Comb said the news prompted the company to carry out housekeeping on its website which included removing references to Hamish Day and to other staff who had also left.
“I woke up to the news. It was definitely a shock,” he said. “We were surprised by it all, like everyone else.”
He said he had succeeded Hamish Day as chief executive after his predecessor decided “he wanted to have a break”. “He’d done a great job as CEO and was much liked by the team.”
Comb said the last he had heard from Hamish Day was that he had planned to travel to Asia.
David Fisher is based in Northland and has worked as a journalist for more than 30 years, winning multiple journalism awards including being twice named Reporter of the Year and being selected as one of a small number of Wolfson Press Fellows to Wolfson College, Cambridge. He joined the Herald in 2004.