Two brothers locked up in Thailand after a roadside struggle with a police officer are now safely back in New Zealand after spending nearly four months in prison. 

Hamish and Mattson Day, 36 and 38, were on holiday in Phuket when they were arrested in March and charged with robbery, obstruction of police duty, physical attack against a policeman, driving without a licence and bribery. 

Details of what happened are scarce although a video recording of the incident, which had been edited, was shared widely across social media. The footage showed Mattson Day grappling with a police officer on the side of the road, while Hamish Day can be seen proffering the officer’s firearm. 

At a Thai police press conference about the arrests in the tourist hotspot, Major General Sinlert Sukhum alleged the brothers were speeding on motorcycles and refused to stop. 

A police officer pursued the pair until they pulled over, but Sukhum alleged the brothers refused to co-operate and became angry when the officer filmed them. 

The situation then escalated into a physical altercation, in which the officer was wrestled to the ground and his firearm was accidentally discharged. No one was hurt, but the Day brothers ended up in a jail cell. 

It was Hamish’s wife, Rebecca Day who first learned of their plight. 

“It was Sunday night around 10pm and I hadn’t heard from [Hamish] for over a day. I thought that was odd,” she told the Herald in a previous interview. 

Rebecca Day downplayed her anxieties but then received a message from her husband which sent her life into a spin. 

“We’re in a bit of a situation but can’t talk right now,” Hamish Day told her. 

The Days faced the prospect of years languishing in the notoriously harsh conditions in a Thai prison. 

“It’s very, very concerning,” their father Laurence Day told the Herald in March. “The family is distraught. We’re praying for a good outcome.” 

An image from the video posted to social media of Kiwi brothers Hamish and Mattson Day in a skirmish with a Thai police officer in March. Inset: Hamish Day, left, and Mattson Day. Photo/ Thapapong Trs 

The Herald has now confirmed the Day brothers have recently returned from Phuket after nearly four months in prison. 

“They would be grateful for a bit of space and privacy for them and their family during the coming weeks,” the Day family said in a written statement. 

“They want to express their sincere gratitude for the overwhelming support they’ve received from their family, friends, and the New Zealand Government. As they begin readjusting and focus on their well-being, they ask for your understanding and respect. 

“They want to extend a heartfelt thank you to all involved in ensuring their return. Their efforts have not gone unnoticed, and they’re deeply appreciative.” 

The Day family said they would not comment further. 

The end of the ordeal will come as a relief to their families. Hamish is the father of a 9-year-old son, while Mattson has two boys, aged 9 and 11. 

In an interview with the Herald in March, Rebecca Day recalled breaking the news of her husband’s arrest to their son. 

She admitted it could be weeks, or even months, until Hamish returned. Then her son asked: “Could it be years?” 

“And I said, ‘it might be’.” 

She wanted to give her boy hope while also “gently planting the seed” that optimism could be misplaced. 

She told him: “Daddy and Uncle Matt are together. They’re not alone. And we’re doing, and we’re going to do, everything we can to try and get them home.” 

Jared Savage is an award-winning journalist who covers crime and justice issues, with a particular interest in organised crime. He joined the Herald in 2006, and is the author of Gangland and Gangster’s Paradise. 

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.