Myanmar men jailed for murder of British tourists on Koh Tao taken off death row

[metisdead]

A post containing content "From the Bangkok post" and the replies have been removed:

 

26) The Bangkok Post and Phuketwan do not allow quotes from their news articles or other material to appear on Thaivisa.com. Neither do they allow links to their publications. Posts from members containing quotes from or links to Bangkok Post or Phuketwan publications will be deleted from the forum.

[Artisi]

1 hour ago, Sujo said:

You obviously havent been in a criminal trial.

 

In more enlightened countries, when a defendant does not give evidence, a judge will instruct a jury that the defendant is clothed in innocence and they must make no prejudicial inference about not giving evidence.

 

One good reason a defendant does not give evidence is when the prosecution have failed to provide their evidence to reach the standard of reasonable doubt.

 

This case should be taught in law school that for judge alone trials money and face is more important than law.

 

Their case simply didnt meet the high threshold of reasonable doubt.

But this is Thailand and reasonable doubt means sweet fanny adams. 

[ScotBkk]

On 8/15/2020 at 4:39 AM, darksidedog said:

I wonder if the Thais expect them to be grateful for such "clemency" given the way they stitched them up in the first place?

I followed the story from day one, assuming you probably did yourself. If ever there was a stitch up this would take first Prize. I can't care less what anyone says .I would say they are both completely and utterly innocent. 

 

It was all "as far as I'm concerned" to do with tourism as around the same time things were starting to go pear-shaped with to many tourists being murdered raped or attacked. These young guys were lambs to the Slaughter. Stitched up chronic from start to finish. 

 

It showed Thailand justice at it's best or should say Worst ....

[Artisi]

8 minutes ago, ScotBkk said:

I followed the story from day one, assuming you probably did yourself. If ever there was a stitch up this would take first Prize. I can't care less what anyone says .I would say they are both completely and utterly innocent. 

 

It was all "as far as I'm concerned" to do with tourism as around the same time things were starting to go pear-shaped with to many tourists being murdered raped or attacked. These young guys were lambs to the Slaughter. Stitched up chronic from start to finish. 

 

It showed Thailand justice at it's best or should say Worst ....

Definitely at its best when local monied scum are involved, the best justice money can buy..... 

[IslandLover]

7 hours ago, Dene16 said:

Followed it quite extensively i would say and read a lot about the trial. I cannot argue the fact that the the investigation was not a joke from beginning to end. Because of that i can never be 100% sure they are guilty.

The fact that the defence decided against the 2 Burmese giving evidence themselves, not offering any evidence whatsoever in their defence. This is only ever done where there is a risk of incriminating oneself. stories not matching up between the two of them etc. The whole defence stank and you have to wonder why,

Remember they had a fairly good team of lawyers in the end but came up with nothing to put any doubt in peoples mind 

"The fact that the defence decided against the 2 Burmese giving evidence themselves, not offering any evidence whatsoever in their defence. This is only ever done where there is a risk of incriminating oneself. stories not matching up between the two of them etc. The whole defence stank and you have to wonder why"

 

You are so wrong!  Wai Phyo and Zaw Lin did give evidence at their trial.

 

https://www.mmtimes.com/in-depth/16238-koh-tao-accused-to-take-the-stand-as-defence-case-begins.html

 

This is just one article that I could find in a hurry in order to reply to your post.  I have plenty more, including the final trial Court Judgement.

 

 

[IslandLover]

6 hours ago, Dene16 said:

I have never said they should of been found guilty i have merely stated the actions of the accused and the defence are not the actions of innocent people and a defence not allowing them to testify for that reason

 

Both Wai Pho and Zaw Lin DID testify at their trial.  See my post #155.

Edited August 16, 2020 by IslandLover

[Sujo]

5 minutes ago, IslandLover said:

Both Wai Pho and Zaw Lin DID testify at their trial.  See my post #155.

If i remember correctly you were very active in threads when this all started. Quite some time has passed and I dont see you posting in other threads.

 

Do you have a vested interest on the island?

Edited August 16, 2020 by Sujo

[IslandLover]

6 minutes ago, Sujo said:

If i remember correctly you were very active in threads when this all started. Quite some time has passed and I dont see you posting in other threads.

 

Do you have a vested interest on the island?

No, I don't have a vested interest in Koh Tao but I do have a vested interest in this case.  What I don't want to see in this thread is misinformation and I will do my best to correct it.  I do occasionally post in other threads, in fact I have done so quite recently. ????

[Sujo]

6 minutes ago, IslandLover said:

No, I don't have a vested interest in Koh Tao but I do have a vested interest in this case.  What I don't want to see in this thread is misinformation and I will do my best to correct it.  I do occasionally post in other threads, in fact I have done so quite recently. ????

Ok ????

[evadgib]

The Beeb say the pair have coughed:

Quote

In a statement, Ian and Sue Miller, who have campaigned against the death penalty, said: "We are grateful to His Majesty the King of Thailand for showing his clemency to the murderers of our son David.

"Zaw Lin and Wai Phyo finally admitted to the rape and murder of Hannah Witheridge and the murder of our son."

"The final admittance of their guilt has allowed this act of clemency to become possible," they continued.

The family said it had brought to a close a "lengthy and disturbing period" where activists on social media had attempted to influence justice in Thailand and public opinion elsewhere.

"But in the end the truth has been revealed," the couple added.

Backpacker's family 'grateful' for Thai king's clemency

[hottrader77]

On 8/15/2020 at 8:25 AM, Wiggy said:

Living the high life and free to kill again, like most hi-so criminals in Thailand. 

 

On 8/15/2020 at 9:26 AM, nobodysfriend said:

Sentenced to death first and then taken off death row ... ?

There were a lot of doubts about them being guilty of that crime ... many think they were scapegoats for the real murderer , may be a member of an influential family on Koh Tao ... their guilt has never been proven 100% .

But . if the real murderer would have been a Thai national , it would have damaged ' Thailand's reputation ' , a ' loss of face ' .

That cannot be allowed of course .

Anyway it will never be proven beyond doubt who killed the british couple on Sairee beach ...

 

 

a documentary on the case had another british citizen that was there at the time as the top suspect in the killing , he quickly departed from the island after it happened .

[IslandLover]

5 hours ago, evadgib said:

The Beeb say the pair have coughed:

Backpacker's family 'grateful' for Thai king's clemency

As far as I understand the Thai justice system, a person has to admit to a crime before they can be eligible for the King's clemency.  Make of that what you will.

[evadgib]

1 hour ago, IslandLover said:

As far as I understand the Thai justice system, a person has to admit to a crime before they can be eligible for the King's clemency.  Make of that what you will.

Mine too.

[David64]

I didn't follow the murders thoroughly, just the odd news article.

 

Obviously, the Red Bull is a rich and powerful business group.

 

Not sure how a village headman's son can compare???????????

[CorpusChristie]

3 hours ago, IslandLover said:

As far as I understand the Thai justice system, a person has to admit to a crime before they can be eligible for the King's clemency.  Make of that what you will.

They had a choice at the beginning of the investigation, a choice from the Police , either admit to the crime or they would be killed .

  Now the Prison authorities have given them that choice again, admit to the crime or be officially and legally killed by firing squad

[IslandLover]

1 hour ago, CorpusChristie said:

They had a choice at the beginning of the investigation, a choice from the Police , either admit to the crime or they would be killed .

  Now the Prison authorities have given them that choice again, admit to the crime or be officially and legally killed by firing squad

They don't use the firing squad anymore.  Execution in Thailand is by lethal injection.  In any case, the two Burmese had run out of options.  No more legal appeals were possible.  Under Thai Law the only way to obtain the King's clemency is to admit guilt, even if you are not guilty.  In the Koh Tao case, the doubts will always remain.

Edited August 17, 2020 by IslandLover

[Saint Nick]

19 hours ago, Dene16 said:

Can't argue with that and will all know that corruption rampantly exists in all levels of Thai society.

But, for me, this case had become far too high profile for them to just blame 2 innocent people with the whole world looking on

As if Thailand gives two hot poops about "the whole world"!

"the whole world" no undasatand Thailaaaaan....

Edited August 17, 2020 by Saint Nick

[Saint Nick]

1 hour ago, David64 said:

I didn't follow the murders thoroughly, just the odd news article.

 

Obviously, the Red Bull is a rich and powerful business group.

 

Not sure how a village headman's son can compare???????????

So, you arrived in Thailand just yesterday?

Welcome and enjoy!

[Moon6966]

They are not guilty 

They should be out of jail yesterday 

Taken of death sentence like they doing them a favor 

They deserve apology 

Alot of money and sent imidiatly back home 

They never killed no one 

[Artisi]

1 hour ago, IslandLover said:

They don't use the firing squad anymore.  Execution in Thailand is by lethal injection.  In any case, the two Burmese had run out of options.  No more legal appeals were possible.  Under Thai Law the only way to obtain the King's clemency is to admit guilt, even if you are not guilty.  In the Koh Tao case, the doubts will always remain.

Doubt, never in my or many other's minds - - never. 

[David64]

13 hours ago, Saint Nick said:

So, you arrived in Thailand just yesterday?

Welcome and enjoy!

Actually, I am in S. America not been to Thailand since early 2012.

 

So just read it occasionally over the last few years on the BBC website.

 

As I was in a lockdown over the weekend, I was reading more about it on this site and a few others.

 

[ScotBkk]

On 8/16/2020 at 7:45 PM, evadgib said:

The Beeb say the pair have coughed:

Backpacker's family 'grateful' for Thai king's clemency

Anyone would admit to anything if you had to live everyday in a Thai prison. The scathing remarks in this post from some members gives you an insight into how disturbed people are no matter where they come from. The evidence against them was tainted to say the least. If such proof that had been portrayed to the Thai courts were submitted to any other jurisdiction in a civilised country, it would have been tossed out as fraudulent or corrupted. Anyway, thanks to everyone for letting give my version of this sad story that to me seemed not very long ago.

[balo]

On 8/16/2020 at 5:22 PM, IslandLover said:

Both Wai Pho and Zaw Lin DID testify at their trial.

I still believe they know more about the murders, they were close to the scene, and had been drinking. Maybe the truth will come out if they return to Burma.   

[Artisi]

9 hours ago, balo said:

I still believe they know more about the murders, they were close to the scene, and had been drinking. Maybe the truth will come out if they return to Burma.   

If they know anything they are wise to keep their mouths shut, many accidents are possible (can be arranged) in prison. 

[Saint Nick]

On 8/17/2020 at 11:31 PM, David64 said:

Actually, I am in S. America not been to Thailand since early 2012.

 

So just read it occasionally over the last few years on the BBC website.

 

As I was in a lockdown over the weekend, I was reading more about it on this site and a few others.

 

Then please be aware, that it was "speculated", That the family in question has connections that go very high up!

So high...that it could only be "speculated"...

[pauleddy]

On 8/15/2020 at 8:33 AM, grumbleweed said:

There compassion knows no bounds

Where?

[Artisi]

1 hour ago, pauleddy said:

Where?

I think the vast majority of readers understood "their". 

[Artisi]

4 minutes ago, livingthaialnd said:

I’m contacting you to inform a incident that occur in Koh Tao last saturday and the owners of Bans Diving resort and Fishbowl and the Police are trying to cover the facts.

Last Saturday 15/08/2020 in Koh Tao night inside Fishbowl (the main beach bar/club), A Thai men called Santi Khokpool attacked a tourist (i don’t know the name) inside fishbowl toilet with a glass bottle cutting the tourist neck with a broken beer bottle causing a very serious cut in the neck. The victim needed with urgency to be moved to Samui Hospital for a surgery where the victim still there atm.
The problem is Santi is a very know men in the island, have been living here for more than 20 years and is work for Bans Diving Resort that’s is the main owner of fishbowl as well, and he’s a personal friend of Bans owners and as well of the police officer in Koh tao. Bans as know as one of the big families in Koh Tao and they do wherever they want here, And of course they are trying to cover what happened at Fishbowl last Saturday. Santi isn’t in the jail he’s still free here, they trying contact the victim offering money to he don’t go to the police or open any case against Santi, cose he can go to prison for many years because of it.
I live in Koh Tao for 6 years and I’m tied to see locals (Thai, foreigners) to do everything that they want again the tourist and then police here help don’t doing nothing or covering the cases. Like happened few times before.

I’m just texting you maybe you can check the information that i’m writing and post something in the news forcing the superior police from Surat Than or Samui to come to Koh Tao to stop this tio happen again here in Koh Tao.

Nothing new, just make sure your tracks are well covered. 

[IslandLover]

On 8/16/2020 at 6:45 PM, evadgib said:

The Beeb say the pair have coughed:

Backpacker's family 'grateful' for Thai king's clemency

Setting the record straight:

 

Grateful to the BBC for editing their original story on the Koh Tao murder case royal pardon issue (story at https://www.bbc.com/news/uk-england-53797951) to reflect their reporting error whereby a BBC journalist in London accepted without questioning the following Miller family statement which was both unsubstantiated and false: ‘"Zaw Lin and Wai Phyo finally admitted to the rape and murder of Hannah Witheridge and the murder of our son." "The final admittance of their guilt has allowed this act of clemency to become possible," they continued.

The corrected version now reads as additional comments and correction: ‘However, a lawyer for Zaw Lin and Wai Phyo told the BBC that the pair had not admitted their guilt when their death sentences were commuted. They still maintain their innocence, as they did throughout the trial. A royal commutation does not require an admission of guilt, says the BBC's Jonathan Head in Bangkok.’

 

Andy Hall - 19 August 2020

 

Bold print for the purposes of emphasis is mine

 

Edited August 20, 2020 by IslandLover

[evadgib]

26 minutes ago, IslandLover said:

Setting the record straight:

 

Grateful to the BBC for editing their original story on the Koh Tao murder case royal pardon issue (story at https://www.bbc.com/news/uk-england-53797951) to reflect their reporting error whereby a BBC journalist in London accepted without questioning the following Miller family statement which was both unsubstantiated and false: ‘"Zaw Lin and Wai Phyo finally admitted to the rape and murder of Hannah Witheridge and the murder of our son." "The final admittance of their guilt has allowed this act of clemency to become possible," they continued.

The corrected version now reads as additional comments and correction: ‘However, a lawyer for Zaw Lin and Wai Phyo told the BBC that the pair had not admitted their guilt when their death sentences were commuted. They still maintain their innocence, as they did throughout the trial. A royal commutation does not require an admission of guilt, says the BBC's Jonathan Head in Bangkok.’

 

Andy Hall - 19 August 2020

 

Bold print for the purposes of emphasis is mine

 

Since when has Andy hall been a lawyer, let alone one practicing in Thailand?