lucky11

4 minutes ago, sanemax said:

Would you mind posting a source to that ?

http://www.phuketgazette.net/thailand-news/Myanmar-workers-DNA-matches-semen-found-Koh/36077

6 minutes ago, sanemax said:

I read reports and things .

If I am mistaken, please provide a report for me to read

It was stated that the DNA found on an LM cigarette butt that the Burmese had smoked 30 - 50 metres away matched the semen inside Hannah

1 minute ago, Thaidream said:

Lucky 11

 

My opinions are as good or bad as yours and you do not have to accept it.  I would remind you that the purpose of appeals and higher courts are to review a prior judge's decision and determine if that decision was correct. In some cases the original judge is over ruled. This case is going to the Thai Supreme Court.  I will wait for their decision but I expect it to be positive and the accused to be set free. That is my opinion.....and I believe I have the right to have one whether you accept it or not.

If it fails to get over turned then you will accept the result that they are guilty?

1 minute ago, elgordo38 said:

Nobody is going to argue with the Supreme Court and face saving all around. Ideal end. 

Your opinion. Not mine.

3 minutes ago, Thaidream said:

And no new evidence is needed. The current evidence  does not prove guilt at all and in fact sheds a suitable amount of doubt. The Supreme Court will most likely set them free. This is not the first case like this in Thailand. There have been others in which the Supreme Court overruled the original conviction; the appeal and set free those jailed.

"doesn't prove guilt at all"? Yes it DID - the judge deemed it so, can anything be more clear and explicit than what he determined in passing his verdict? Your opinions are worthless and count for nothing!!

1 minute ago, AGareth2 said:

no new evidence is allowed

 

What was the point of the appeal?

Just now, AGareth2 said:

no new evidence

And I read it was the same trial judge

if that was the case 

result as was expected

Up to the defence team to supply new evidence. Seems tey were unable to!!

Just now, transam said:

Perhaps because a HIGHER court needs to be brought in eh....

Well, they are in the last chance saloon now - I personally doubt that the defence team has the evidence to make it worthwhile appealing!!

1 minute ago, sanemax said:

Thats the point .

Im not saying the Judge made the wrong decision by going on the evidence

Its been alleged that the verdict was a deliberate miss carriage of justice in order to protect the image of Thailand and to also protect some people who may be carrying out illegal activity on the Islands !!!!!!!!

 

"Im not saying the Judge made the wrong decision by going on the evidence"

 Well that's reassuring. Lol!!

2 minutes ago, Thaidream said:

The police refused to present a verifiable chain of custody log because none existed.  I do not know for a fact that the defense did not request the log or if true why they would not want it or why the court never requested it. I would need the complete court transcript to verify this.  However, I surmise that if it existed- the police would have provided it without any fuss.

In my mind the DNA evidence is flawed. You do not need to prove innocence. The prosecutor did not prove guilt which means the accused are innocent until proven guilty. 

 

Has anyone noticed that the defence team is up in arms over this? Oh wait, they are not!! Seems they expected this decision, I wonder why that is? 

 When a gun runs out of bullets and you only have blanks left, it doesn't leave you with many options.

1 minute ago, Khon Kaen Dave said:

Thaidream

Your post is correct. And as you say, had you (or any of us, i think)had been on a jury.It would have been a not guilty result.That's why there are no juries in the Thai system.The Judge is the sole decider, right or wrong.There's no coming back with a 10/2 majority, a cannot reach a verdict result, There are no juries to ask for lenience, or call back the judge for a less harsh sentence. Its all down to one man, and he cannot bee seen to be wrong.Its bloody archaic and, it gives no credence to the meaning of justice is blind.

It's a big assumption to make that he got the decision wrong - after all, he was the one presented with the evidence from both the defence and prosecution. Was you there?

1 minute ago, DiscoDan said:

http://www.khaosodenglish.com/news/crimecourtscalamity/2015/12/25/1451042373/

 

Read the whole article there are chain of custody docs the prosecution declined to show them to the defense which they have every right to do under thai law, it was the job of the defense to seek a court order to see the documentation which they did not do !.

 

This is from Robert Holmes a Barrister who observed the case at the request of the defense.

My take, is that it implicated them so completely that when the defence team finally got to see the evidence..................!! Know that saying 'no leg to stand on'?

2 minutes ago, sanemax said:

Please read the previous posts in this thread .

Don't need to - just going on what the judge concluded which is that the DNA evidence was what convicted them!!

2 minutes ago, sanemax said:

We are talking about THIS case , and that scenario seems extremely likely .

This was never about finding justice and truth , it was all about some people protecting their own interests 

I haven't any interests to protect - I simply believe that they got the right people that carried out the murders and am happy that it wasn't overturned, That's all, I am allowed my opinions and thoughts, am I not??

2 minutes ago, sanemax said:

Because there was no match, its was completely unreliable 

Please read previous posts in this thread that show how and why the so called evidence was unreliable

SAMUI: -- On December 24th 2015 the chief judge presiding over the Koh Tao murder trial handed Zaw Lin, 22 and Wai Phyo, 22 the death penalty. His decision, that the pair were guilty of murdering Hannah Witheridge and David Miller, and raping Hannah Witheridge, was based solely on DNA evidence he said. 

 There you go, I have read a previous post which shows that the DNA was the sole evidence that convicted them.

Just now, AGareth2 said:

they didn't need to rely on the DNA as the decision had been decided in advance

I don't think that courts work this way - not even Thai ones.

1 minute ago, sanemax said:

  There was no DNA match .

You keep making the same points, people point out that you are wrong . You then go ahead and make the same point again .

 

There was a DNA match from what I remember - didn't the judge say words to the affect of "this was the key information that led to them deciding that their guilt was undeniable"?

1 minute ago, Thaidream said:

The DNA evidence is flawed- there is no chain of custody- and without that it has to be excluded and declared unreliable.

It clearly wasn't unreliable, was it.

18 hours ago, AGareth2 said:

the problem with overturning the verdict is that it would mean they were scapegoats

Maybe, just maybe, they are guilty (as I think they are) and justice has been served!!

2 hours ago, joecoolfrog said:

You run a noodle stand ? , hope the licence is in order.

Close!! No, actually you are completely on the wrong track as I hate noodles.

 Not allowed to sell what we deal with as that would be against the law!!

.

24 minutes ago, Asiantravel said:

 

I can imagine you are probably struggling to get by in some dingy 3500 baht a month room for you to have such a bitter and twisted attitude to other people's success

Nope, doing alright actually thank you very much!! The difference is, that I am providing a valuable service to 600 Thai's.

Just now, AGareth2 said:

jealous?

No. not at all!! Not sympathetic either - he risked his money to make more money and it didn't work out for him. Tough luck on that front

!!

.

Just now, newcomer71 said:

You can't be serious... Tell me you're trolling please...

I'm very serious - I hate globalism and greedy people as well as biased impartial reporters. So not trolling at all.

If a multi millionaire is burgled and has 10 million pounds worth of jewels stolen then I don't have any sympathy - do you?

18 hours ago, Asiantravel said:

Rather than shooting the messenger which is what you seem to be encouraging, wouldn't it be more constructive to concentrate   on the gravity of the story Jonathan Head was trying to expose to the world about property fraud in Phuket.

Do you know anything about the story he was covering in this instance?

One of the victims of this fraud was a retired Chartered  Surveyor from the UK who had specialised in property matters in England his whole life and had obviously done quite well managing to tuck away £2 million which he brought with him to Phuket to buy properties and start a business there. He has also effectively had his passport taken away and is now virtually living destitute in Bangkok ( after receiving death threats if he didn't move away from the island ) because he is not allowed to like leave the country either until the case is over just like Jonathan Head.

 I think that's what we should be discussing rather than your particular prejudices.

This chartered surveyor should have kept the money he had and stopped trying to make more. No sympathy for him I'm afraid. Greed is (not) good. JH should concentrate on matters that affect society (in an impartial way) and not about some greedy so-and-so who clearly didn't do his homework and was out of his depth!! 

1 minute ago, brewsterbudgen said:

True. But that has nothing to do with these charges and I challenge you to find an example of when Jonathan Head has personally breached this law. The BBC itself is not bound by Thai law. (However, as discussion of this topic is not allowed, perhaps you shouldn't which gives you a good excuse to not do so!).

Didn't say he had - just answered someone's question directly.