AN INQUEST into the death of a Purley man killed in the crossfire of rival gangs on New Year's Eve while on holiday in Thailand found he was unlawfully killed.
Stephen Ashton was shot while seeing in the new year at a beach party at Zoom Bar on party island Koh Phangan on January 1 2013.
And coroner Selena Lynch stressed that the 22-year-old was an innocent by-stander killed by two fighting gangs at the hearing at Croydon Coroner's Court on Tuesday (October 14).
A statement from Somsak Noo-Rod, a Thai Police lieutenant, read at the hearing said that the suspect, Thai gangster Ekkapan Kaewkla, went to Drop In bar where he knew an enemy gang were.
He said they attacked him and chased him 70 metres down the beach to Zoom Bar, which is popular with tourists for its full moon parties, where Ekkapan Kaewkla opened fire.
"He walked there in a threatening way and probably expected the other gang to assault him. He escaped along the beach but they assaulted him outside Zoom Bar," he said.
Zoom Bar was popular with tourists for the full moon party. Lieutenant Noo-Rod said there was a large number of tourists at the bar who were frightened when the fight broke out.
He said: "The crowd parted in a circle and he shot into the crowd. When the suspect shot he saw it could hit anyone. It hit the deceased in the lower chest area leaving one bullet wound."
A statement from Krittakan Kra-momthong, a Thai Police colonel, said Koh Phanghan police station notified officers of a fatal shooting on the beach at Zoom Bar at 4.20am.
A post-mortem carried out in Thailand found that Mr Ashton died from a lung laceration from a gun-shot wound to his lower chest.
Giving her verdict Ms Lynch said: "My difficulty is that if this was killing in self-defence it wouldn't be murder or manslaughter it would be lawful. I have to be sure beyond reasonable doubt before I give a verdict of unlawful killing.
"Transferring malice is murder, and based on that I am satisfied that this was an aggressive act. It has the appearances of a gang fight, and of deliberate provocation of a gang fight to be dealt with by using a firearm.
"I'm slightly hesitant because they haven't put their side of the story, but I'm going to say this is a case of unlawful killing. I do not think it was self-defence."
Diane Ashton, Mr Ashton's mother, was in court with her brother to hear the verdict. She said in court that Ekkapan Kaewkla was found guilty of murder and received a 34-year prison sentence in Thailand.
When Mr Ashton died Mrs Ashton spoke to the Advertiser of the grief of losing her son just 18 months after her husband and Mr Ashton's father, John, died from cancer.
Then she paid tribute to Mr Ashton as having a "zest for life", and said that he had a close relationship with his family.
"He was such a talented lad," she said. "Everything he did he seemed to do well at."
