Supreme Court accepts final appeal in the Koh Tao murders

[rooster59]

Supreme Court accepts final appeal in the Koh Tao murders

 

 

The Supreme Court of Thailand has accepted the final appeal of Zaw Lin and Wai Phyo, the two migrant workers sentenced to death for the murders of British Tourists Hannah Witheridge and David Miller on Koh Tao.

 

The final appeal from the lawyers representing the two men was submitted to the court on August 21st.

 

The 319 page document points to evidence that Wai Phyo and Zaw Lin had been denied justice and fairness and are innocent of the crimes of which they have been convicted.

 

Aung Myo Thant, a lawyer working with the Lawyers Council pointed out that Thai police violated the police procedure in the collection of DNA evidence and phone records and failed out proper procedures in searching for DNA evidence. He also said that the two men were forced to admit to the murders. He went on to say that the evidence presented at the trial does not support the death penalty. He told the Myanmar Times “Thailand has only one law for its citizens as well as foreigners, so I believe our two migrants can escape the death sentence because there is not enough evidence of murder,” he said.

 

Zaw Lin and Wai Phyo will, this October, have been behind bars for 3 years. They were found guilty on 7 charges including the rape and murder of Hannah Witheridge and the murder of David Miller. They were sentenced to death in December 2015.

 

Last month the National Crime Agency of the United Kingdom admitted to the High Court in London that they illegally gave phone records to the Thai police that helped to convict the two men.

 

The council and Myanmar officials hope to hear a ruling on the final appeal to the Supreme Court within six months.

 

U Aung Myo Thant said they will appeal again to the Thai royal government if the Supreme Court rejects their final appeal.

 

U Aung Kyaw, president of the Thailand-based Migrant Workers Rights Network, which has been helping the council on the case, also urged the Thai government to rule in favour of the two Myanmar men.

 

Myanmar’ special representative U Htoo Chit, executive director of the Thailand-based Foundation for Education, also said the NCA’s admission of illegally sharing evidence could affect the case and require that it be reinvestigated, he confirmed to the Samui Times today that the appeal has been accepted by the Supreme Court and it is now being reviewed.

 

Source: http://www.samuitimes.com/supreme-court-accepts-final-appeal-koh-tao-murders/

 

 

-- © Copyright Samui Times 2017-09-23

[NCC1701A]

" Last month the National Crime Agency of the United Kingdom admitted to the High Court in London that they illegally gave phone records to the Thai police that helped to convict the two men."

 

This reminds me of a joke we have here in the USA. If your hard drive crashes, call the NSA, they have all your data.

 

Except it is not funny.

 

 

[iReason]

37 minutes ago, rooster59 said:

The Supreme Court of Thailand has accepted the final appeal of Zaw Lin and Wai Phyo, the two migrant workers sentenced to death for the murders of British Tourists Hannah Witheridge and David Miller on Koh Tao.

 

38 minutes ago, rooster59 said:

The 319 page document points to evidence that Wai Phyo and Zaw Lin had been denied justice and fairness and are innocent of the crimes of which they have been convicted.

^^^

Accepted. 

[JLCrab]

From topics on ThaiVisa regarding the Supreme Court petition and the UK NCA findings:

-- Set her up in a position to look like she was raped and went looking for scapegoats.

-- Andy (Hall) quoted from the Norfolk coroner's report - no evidence of rape.

-- The Norfolk coroner, after performing a post mortem examination on Hannah, concluded that Hannah (Witheridge) had not been raped.

-- Correct there was NO REPORT of RAPE so there is no DNA

However from the UK Media all from AUG 2017 in reporting on the Defense appeal to the Thai Supreme Court:

Mirror (UK) -- Post-mortem examinations showed that the young backpackers, who had met on the island while staying at the same hotel, both suffered head wounds and that Miss Witheridge had been raped.

BBC -- A post-mortem examination showed Miss Witheridge had been raped.

Jersey (UK) Evening Post -- The pair, who met on the Island, were beaten to death with a garden hoe. A post-mortem examination found that Miss Witheridge had also been raped.

[DiscoDan]

7 minutes ago, TheLobster said:

Usual spin DiscoDan, how about an independent view:

 

The admission by the NCA, in a High Court settlement, raises new doubts over whether the 2015 convictions of Zaw Lin and Wai Phyo are safe, and leaves open the possibility that the real killers could still be at large while innocent men await their execution. The two men took legal action, supported by human rights organisation Reprieve, after the agency refused to admit its full role in their conviction.
Phone metadata provided by the NCA was presented at trial to bolster a prosecution case marred by widespread allegations of corruption, incompetence and fabricated evidence. In the UK legal proceedings, it came to light that the NCA had also secretly shared other data with the prosecution – data which pointed to other suspects and would have supported the defence case, but which was never disclosed to the defence team.
This one-sided provision of assistance in a death penalty case goes against the policy set out in the Overseas Security and Justice Assistance Guidance, which requires government agencies to seek approval at the highest ministerial level in cases where assistance given to another country could result in human rights abuses or a death sentence.
http://www.pressreleasepoint.com/national-crime-agency-admits-illegal-action-thai-murder-case

More hot air, If there is info that points to other suspects it would be plastered all over social media by now.

[darksidedog]

One can only hope that this time the evidence will actually be properly considered and the correct verdict given. Maybe then the police will be forced to go out and arrest the real culprits.

[Samui Bodoh]

No matter how many times I read the details of this case, I always am left with the certainty that the Burmese boys were set up.

 

I do not have much confidence in Thai courts, but I truly hope that this is the one occasion where justice finally comes through.

 

This case and every other serious case on the island should be subject to an outside investigation; the whole place stinks.

 

Good luck and godspeed to the Burmese boys.

 

 

 

Edited September 23, 2017 by Samui Bodoh

[iReason]

25 minutes ago, DiscoDan said:

More hot air, If there is info that points to other suspects it would be plastered all over social media by now.

One tourist  murder suspect now arrested, another on the run 

"Eighth Region Police Command commissioner Pol Lt-Gen Panya Mamen identified the first suspect as Mon."

 

"He was arrested after evidence which police collected were examined and proved he was involved, he said."

 

"He also said another suspect is also a son of that village headman."

http://englishnews.thaipbs.or.th/one-tourist-murder-suspect-now-arrested-another-run/

[TheLobster]

25 minutes ago, DiscoDan said:

More hot air, If there is info that points to other suspects it would be plastered all over social media by now.

 

Withheld and ignored evidence included:

person(s) with whom the murdered individuals had had an argument

the need for DNA samples to be taken from a potential suspect

https://www.reprieve.org.uk/wp-content/uploads/2017/08/2017_08_29_PRIV-High-Court-Order-NCA-unlawful-action.pdf

 

[StealthEnergiser]

1 minute ago, iReason said:

One tourist  murder suspect now arrested, another on the run 

"Eighth Region Police Command commissioner Pol Lt-Gen Panya Mamen identified the first suspect as Mon."

 

"He was arrested after evidence which police collected were examined and proved he was involved, he said."

 

"He also said another suspect is also a son of that village headman."

http://englishnews.thaipbs.or.th/one-tourist-murder-suspect-now-arrested-another-run/

Hopefully once the b2 are released Nomsod comes back under the spotlight.

[Briggsy]

This one will be like a hot potato at the Supreme Court. It will get passed round the judges like an unwanted pet. They know if they deal with it properly, their political masters will punish them. If they deal with it as their masters want, they become a joke. It is lose - lose. The good news for the judges is individual accountability for judgements and the naming of judges is shrouded in opacity in Thai courts so they can avoid any blame. Expect a very long wait.

Edited September 23, 2017 by Briggsy

[DiscoDan]

8 minutes ago, iReason said:

One tourist  murder suspect now arrested, another on the run 

"Eighth Region Police Command commissioner Pol Lt-Gen Panya Mamen identified the first suspect as Mon."

 

"He was arrested after evidence which police collected were examined and proved he was involved, he said."

 

"He also said another suspect is also a son of that village headman."

http://englishnews.thaipbs.or.th/one-tourist-murder-suspect-now-arrested-another-run/

Only one paper reported this they also made the same claims about Chris Ware which also turned out to be false.

http://englishnews.thaipbs.or.th/british-backpacker-arrested-suspected-murder-fellow-britons-koh-tao/

 

Chris Ware was never arrested he was only a suspect yet the same paper claimed he was as well.

 

IT also claimed THERE was  significant evidence against him this was also false.

 

What the conspiracy theorists will not tell you about is the article printed by the same paper the next days that states they were not arrested and only brought in as suspects.

 

http://englishnews.thaipbs.or.th/new-twist-murder-two-brits-koh-tao/

 

"They were NOT arrested just in police custody he said"

 

You will notice it's only Thai pbs that claimed Chris Ware & Mon has been arrested, and it's the only article conspiracy theorists have to back up their claim. Lol

 

[DiscoDan]

23 minutes ago, TheLobster said:

 

Withheld and ignored evidence included:

person(s) with whom the murdered individuals had had an argument

the need for DNA samples to be taken from a potential suspect

https://www.reprieve.org.uk/wp-content/uploads/2017/08/2017_08_29_PRIV-High-Court-Order-NCA-unlawful-action.pdf

 

So now you are claiming that NCA have evidence there was an argument ? Or do you mean they checked the phone records of the person alleged to of had an argument? 

 

As I said before if there was any proof implicating others the Burmese government and the defense team would be shouting it from the roof tops. 

 

The NCA gave the Thai police evidence the only problem was it was a death penalty case, If they were facing a life sentence they would not of broken any rules.

 

 

 

[iReason]

10 minutes ago, DiscoDan said:

Only one paper reported this they also made the same claims about Chris Ware which also turned out to be false.

http://englishnews.thaipbs.or.th/british-backpacker-arrested-suspected-murder-fellow-britons-koh-tao/

 

What the conspiracy theorists will not tell you about is the article printed by the same paper the next days that states they were not arrested and only brought in as suspects.

 

http://englishnews.thaipbs.or.th/new-twist-murder-two-brits-koh-tao/

You will notice it's only Thai pbs that claimed Chris Ware & Mon has been arrested, and it's the only article conspiracy theorists have to back up their claim.

 

18 minutes ago, DiscoDan said:

Only one paper reported this they also made the same claims about Chris Ware which also turned out to be false.

http://www.chiangraitimes.com/koh-tao-murder-suspect-arrested-another-on-the-run.html

http://www.samuitimes.com/koh-tao-murders-two-dead-british-tourists-two-men-facing-execution-story-will-never-sleep/

http://chiang183.rssing.com/chan-13202652/all_p51.html

https://www.thephuketnews.com/phuket-arrests-expected-today-in-koh-tao-murders-48843.php

As well as the Bangkok Post.

 

Just making stuff up.

While deflecting from your claim:

1 hour ago, DiscoDan said:

More hot air, If there is info that points to other suspects it would be plastered all over social media by now.

 

 

22 minutes ago, DiscoDan said:

You will notice it's only Thai pbs that claimed Chris Ware & Mon has been arrested, and it's the only article conspiracy theorists have to back up their claim.

Suspects. Your operative word.

[sanemax]

Will all the people whom have business interests on Koh Tao , please report to Thai Visa forums .

   Work needs to be done 

[DiscoDan]

9 minutes ago, iReason said:

 

http://www.chiangraitimes.com/koh-tao-murder-suspect-arrested-another-on-the-run.html

http://www.samuitimes.com/koh-tao-murders-two-dead-british-tourists-two-men-facing-execution-story-will-never-sleep/

http://chiang183.rssing.com/chan-13202652/all_p51.html

https://www.thephuketnews.com/phuket-arrests-expected-today-in-koh-tao-murders-48843.php

As well as the Bangkok Post.

 

Just making stuff up.

While deflecting from your claim:

 

 

Suspects. Your operative word.

Nice try but they are just copy and pasted from the same Thai pbs article.

[sanemax]

30 minutes ago, DiscoDan said:

Only one paper reported this they also made the same claims about Chris Ware which also turned out to be false.

http://englishnews.thaipbs.or.th/british-backpacker-arrested-suspected-murder-fellow-britons-koh-tao/

 

Chris Ware was never arrested he was only a suspect yet the same paper claimed he was as well.

 

 

 

Those were not  "false claims" about Chris Ware .

It was factual reporting  in an on going investigation .

They detained him, investigated and found that he wasnt involved .

 

[sanemax]

25 minutes ago, DiscoDan said:

 

 

As I said before if there was any proof implicating others the Burmese government and the defense team would be shouting it from the roof tops. 

 

Just do a web search for "Burmese government Koh Tao" and you will be able to "hear" the Burmese government "shouting from the roof tops"

[iReason]

15 minutes ago, DiscoDan said:

Nice try but they are just copy and pasted from the same Thai pbs article.

More deflection from your erroneous claim:

26 minutes ago, iReason said:

53 minutes ago, DiscoDan said:

Only one paper reported this they also made the same claims about Chris Ware which also turned out to be false.

 

 

No matter how you try to spin it, they are quotes from Eighth Region Police Command commissioner Pol Lt-Gen Panya Mamen, commander in charge.

Edited September 23, 2017 by iReason

[DiscoDan]

1 minute ago, sanemax said:

Just do a web search for "Burmese government Koh Tao" and you will be able to "hear" the Burmese government "shouting from the roof tops"

Yes but not with any evidence. They are the ones in charge of the case the B2 signed power of attorney is over to them.

 

Oh they did claim to have 200 witnesses, but again that was just more hot air.

 

http://www.nationmultimedia.com/detail/national/30250281

[Ron19]

A post containing a derogatory comment has been removed.

[transam]

1 hour ago, DiscoDan said:

More hot air, If there is info that points to other suspects it would be plastered all over social media by now.

Your 'avin a laugh...............

[DiscoDan]

5 minutes ago, iReason said:

More deflection from your erroneous claim:

 

No matter how you try to spin it, they are quotes from Eighth Region Police Command commissioner Pol Lt-Gen Panya Mamen, commander in charge.

No they are from reporter from Thai pbs who also claimed Chris Ware was arrested.

 

 

[smedly]

DNA Failings

1. It consists of a one page table replete with hand written amendments, date changes and data alterations. This document would NOT be admissible in any court in the UK, Australia, USA, EU, Hong Kong, Malaysia or Singapore.

2. It is NOT supported by any case notes, chain-of-custody records, nor statistics based on validated population data bases. The omission of that information is a COMPLETE abrogation of international ISO 17025 standards and would lead to a FULL audit of the police laboratory by an international accreditation agency!

3. The table has been used to match DNA components, which is an extreme oversimplification of the entire DNA process! It relies on single alleles rather than genotypes. (An allele is ONE of a pair of genes that appear in ONE part of a chromosome that help to determine heredity traits.)

4. Because there is NO statistical analysis to determine the probability of the stated frequencies in the table, it is absolutely NOT possible to determine the likelihood of the accused as being the contributors to the mixture! There, in fact, could be a VERY large number of other individuals who could NOT be ruled out as contributors!

5. It is, therefore, COMPLETELY erroneous (wrong) to claim a DNA match on the basis of the position of mere alleles on a DNA molecule without statistics to determine the probability!

For these reasons, it CANNOT be said (from any kind of scientific or legal standpoint) that there was a match between the DNA from the semen the police alleged to have and the DNA that was (forcibly, without consent or legal representation) retrieved from the two accused! Basing the conviction on COMPLETELY flawed DNA evidence has resulted in an EXTREME miscarriage of justice!

 

Moreover - There is no way to prove that there was any DNA in the first place because original samples cannot be provided from a source that by DNA standards would have been enormous, 

 

A simplistic example of something similar -
- Police say they test a handgun they found in the accused possession and it is a ballistic match to the bullet that killed a murder victim.
- The defence say we don't believe you we want to test that evidence ourselves
- Oh sorry we don't have the gun or bullet anymore
- court rules the evidence as inadmissible ..............................end of case

It really is as simple as that, police cannot simply make claims about physical evidence without producing it, and that accounts for pretty much everything - cctv - weapons - dna - various samples , IT COVERS ALL "PHYSICAL" EVIDENCE...............NO EXCEPTIONS
 

The offer from the prosecution was a ploy and the defence obviously under advisement - declined

 

Replicated DNA that was being offered to the defense for retesting is not an original sample, there is no way to tell if this dna came from slaiva - sperm - blood etc it has already been processed and extracted, it is absolutly usless to make a confirmation match in a criminal case, a criminal case involves matching dna from a crime scene to an accused, i.e. 2 sets of dna to be compared from two sources, extracted or processed dna could be from the same sample i.e. the accused saliva

 

It would be like taking another saliva sample from the B2 and comparing it with a saliva sample taken earlier - absolutely useless at proving anything

 

This is why I keep repeating (and certain people keep ignoring)that in order to do a confirmation dna retest,

 

************only the original samples taken from the victim can be used************

 

The defence team should have made more of this and demanded the original samples even though a prosecution witness had already testified they no longer existed and shortly after that we had the police chief claiming they still had them, that point is still not clear, then it seemed to emerge that what they in fact had was replicated already processed DNA

 

The phones that were found in various places, nobody actually knows which phone is which, there was a phone found at the crime scene which has never been investigated or presented into evidence (or maybe it has just the claim of where it was found is suspect)

 

The for me the real whammy -

 

 

The Hoe which was missing from the beach from a spot a considerable distance away from the crime scene and yet a certain person was able to conclude from its absence that - first of all it was missing and that it was the murder weapon!!!!!!!!! this was very early in the morning before any investigation had even started - oh and the person that removed the hoe who was instructed by a certain person to put it back against the tree where it was supposed to be - is also now missing along with the Roti seller interpreter - go figure

Then we see certain people in a certain bar play acting and making fun  with a makeshift hoe on facebook like it was some big joke and you'll never catch us - disgraceful

[sanemax]

1 minute ago, DiscoDan said:

No they are from reporter from Thai pbs who also claimed Chris Ware was arrested.

 

 

CW was detained and questioned , whether he was actually arrested or not is immaterial .

  You seem to be claiming that because CW wasnt actually arrested , that means the Thai two are innocent !!!!!!!!!

[iReason]

8 minutes ago, DiscoDan said:

No they are from reporter from Thai pbs who also claimed Chris Ware was arrested.

Right. The reporter just made this all up.

Is that what you are saying?

 

Eighth Region Police Command commissioner Pol Lt-Gen Panya Mamen identified the first suspect as Mon.

He was arrested after evidence which police collected were examined and proved he was involved, he said.

He also said another suspect is also a son of that village headman.

He said both suspects were captured by CCTV cameras and the police have gathered enough evidence to implicate them in the murders.

[smedly]

2 minutes ago, iReason said:

Right. The reporter just made this all up.

Is that what you are saying?

 

Eighth Region Police Command commissioner Pol Lt-Gen Panya Mamen identified the first suspect as Mon.

He was arrested after evidence which police collected were examined and proved he was involved, he said.

He also said another suspect is also a son of that village headman.

He said both suspects were captured by CCTV cameras and the police have gathered enough evidence to implicate them in the murders.

and shortly after was transferred and was never allowed to talk about the case again.....removed and silenced, transferred or not he was a key witness and should have been at the court to testify

[DiscoDan]

1 minute ago, sanemax said:

CW was detained and questioned , whether he was actually arrested or not is immaterial .

  You seem to be claiming that because CW wasnt actually arrested , that means the Thai two are innocent !!!!!!!!!

No they were all taken in and questioned as suspects the only people who were arrested are the B2.

 

And you are correct that doesn't mean they are innocent and it does not mean they are guilty, but it's one of the main things the conspiracy theorists use to try and imply they are and it fails the sniff test miserably.

[Happy Grumpy]

Good luck boys. You're gonna need it! 

 

Unfortunately the appeal will be thrown out in record time. 

[transam]

2 minutes ago, DiscoDan said:

No they were all taken in and questioned as suspects the only people who were arrested are the B2.

 

And you are correct that doesn't mean they are innocent and it does not mean they are guilty, but it's one of the main things the conspiracy theorists use to try and imply they are and it fails the sniff test miserably.

So your sniff says hang folk where there are question marks......?