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The Investigation Into Thailand’s Backpacker Slayings Is Officially a Farce


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The Investigation Into Thailand’s Backpacker Slayings Is Officially a Farce
Charlie Campbell @charliecamp6ell

KOH TAO: -- Allegations of torture, procedural irregularities and wild speculation in the press: Thai authorities are botching a high-profile murder probe

Murdered British backpacker Hannah Witheridge was finally laid to rest in England on Friday. But 6,000 miles away in Thailand, the investigation into her tragic death, and that of her friend David Miller, whose funeral took place Oct. 3, spiraled further into farce.

The main suspects in the killings, which took place on the Thai Gulf island of Koh Tao, have reportedly claimed that they were tortured into a confession, and public prosecutors rejecting the police report.

“The two victims and their families deserve justice, which will only be possible if there is a fair and transparent process,” says Kingsley Abbott, Bangkok-based adviser for the International Commission of Jurists. Above all, he adds, “the burden of proof rests on the prosecution,” as the “two men must be presumed innocent until proven guilty.”

On Sept. 15, the bloodied bodies of Witheridge, 23, and Miller, 24, were discovered on the island that is famous among scuba divers and sandal-clad tourists for its pristine beaches and coral reefs.

Burmese nationals Zaw Lin and Win Zaw Htun, both 21, were arrested last Friday and quickly confessed to the double murder. They had apparently worked illegally on the island for a number of years and were driven, say police, by a desire to rape Witheridge after seeing the young British couple canoodling on the white sand.

The Thai authorities then dragged the two suspects to the rocky outcrop where the tourists’ bodies were found for a grisly re-enactment. Wearing helmets and body armor, they demonstrated for assembled media how the bludgeoning, using a garden hoe and wooden stake, took place and prayed for forgiveness. Both could face a death sentence if convicted.

Yet a litany of questions and inconsistencies hang over the investigation. Other than the apparent retraction, proffered by an official at the Burmese embassy, there has been a rejection of the police’s investigation report, with public prosecutors on Wednesday asking the authors to supply “more crucial information,” “fix certain flaws” and make the 850-page document “more succinct.”

Numerous character witnesses have come out to defend Zaw Lin and Win Zaw Htun and they have no criminal record. Essentially, the case against them hinges on five strands of evidence:

Read More: http://time.com/3487462/thailand-koh-tao-murders-hannah-witheridge-david-miller-zaw-lin-win-zaw-htun/

--TIME 2014-10-12

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Posted

In the full TIME article re CCTV: but is circumstantial at best.

In the USA, there have been murder convictions based upon circumstantial evidence when the body of the 'murder' victim has never been recovered.

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Posted

Kingsley Abbott, Bangkok-based adviser for the International Commission of Jurists...adds, the burden of proof rests on the prosecution, as the two men must be presumed innocent until proven guilty.

Or as we say back home in Colorado: Ei incumbit probatio qui dicit, non qui negat

Can someone tell me if Thailand Criminal code does, in fact, have a tradition of presuming one's innocence until proven guilty?

Thank you

Posted

In other late breaking news

Thailand has announced it has invented a cure for Reality

Oh come now, farang have known this simple truth for atleast 50 years.

Thats why its been so popular a destination.

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Posted

Kingsley Abbott, Bangkok-based adviser for the International Commission of Jurists...adds, the burden of proof rests on the prosecution, as the two men must be presumed innocent until proven guilty.

Or as we say back home in Colorado: Ei incumbit probatio qui dicit, non qui negat

Can someone tell me if Thailand Criminal code does, in fact, have a tradition of presuming one's innocence until proven guilty?

Thank you

Burden of proof is on the prosecution to prove the crime 'beyond a reasonable doubt'

Judge arbiter of facts. They decide if burden of proof has been satisfied.

  • Like 2
Posted

In the full TIME article re CCTV: but is circumstantial at best.

In the USA, there have been murder convictions based upon circumstantial evidence when the body of the 'murder' victim has never been recovered.

Yes but slightly different circumstances... Those investigations probably were not shrouded in negligence, bribery, lying by officials, torture and incompetence

That this one is is only speculation. That will up to a judge. A Thai judge. In Thailand. Where a crime occurred in Thailand. Not in UK. Not in Myanmar. Thailand. Under Criminal Procedure Code of Thailand.

Posted (edited)

Kingsley Abbott, Bangkok-based adviser for the International Commission of Jurists...adds, the burden of proof rests on the prosecution, as the two men must be presumed innocent until proven guilty.

Or as we say back home in Colorado: Ei incumbit probatio qui dicit, non qui negat

Can someone tell me if Thailand Criminal code does, in fact, have a tradition of presuming one's innocence until proven guilty?

Thank you

Burden of proof is on the prosecution to prove the crime 'beyond a reasonable doubt'

Judge arbiter of facts. They decide if burden of proof has been satisfied.

Thanks, sure beats the heck out of Old Mexico.

Although they do share the graft. Here its Tea Money and there its "La Mordida" the little bite ;-)

Edited by ClutchClark
Posted (edited)

Go on --- don't let me stop you. Here are the facts as I can deduce from various newspaper reports:

The Police have by Thursday to submit their amended 300 page report to the Prosecutor In charge's Office.

The Prosecutor has said he will take about a week to make a decision whether to proceed.

A Judge or judge Panel would then be appointed to conduct a trial

Edited by JLCrab
Posted

Kingsley Abbott, Bangkok-based adviser for the International Commission of Jurists...adds, the burden of proof rests on the prosecution, as the two men must be presumed innocent until proven guilty.

Or as we say back home in Colorado: Ei incumbit probatio qui dicit, non qui negat

Can someone tell me if Thailand Criminal code does, in fact, have a tradition of presuming one's innocence until proven guilty?

Thank you

Burden of proof is on the prosecution to prove the crime 'beyond a reasonable doubt'

Judge arbiter of facts. They decide if burden of proof has been satisfied.

Thanks, sure beats the heck out of Old Mexico.

Although they do share the graft. Here its Tea Money and there its "La Mordida" the little bite ;-)

Yes God bless our "'other ""way down south friends -

Posted

Kingsley Abbott, Bangkok-based adviser for the International Commission of Jurists...adds, the burden of proof rests on the prosecution, as the two men must be presumed innocent until proven guilty.

Or as we say back home in Colorado: Ei incumbit probatio qui dicit, non qui negat

Can someone tell me if Thailand Criminal code does, in fact, have a tradition of presuming one's innocence until proven guilty?

Thank you

Wether they do or not is of no consequence to the Thai judicial system, all their decisions are based on one principle only - Money!

Posted

In all countries suspect of horrible murder told they have been tortured...... or forced to make confession

Let justice do their job.....

In this case DNA test show that the two suspects were in the murder place.......

Tell DNA test was bias it is very difficult because Thailand has the same standard for DNA test like other countries......

This test consist to extract DNA from body fluid, after sequence it for have the DNA fingerprinting. After coroner compare the different DNA

This test is the same in USA EUROPE and other country.......

Posted

This has been a farce since day one.

You're absolutely right, the number of ill-informed, insensitive, speculative posts that have appeared, and continue to appear, here is a farce, I'm glad someone else recognises that.

You are totally right.?

There have been about 2000 posts on the subjects over the different threads on here ( just a guess I didn't count them) which is almost as many different stories the BIB have told us so far.

With out the pressure from social media on the inconstistencies of the investigation, there would not be any article on the Time and other intnl press, no pressure from Human rights activists and RTP would have gone away with it, as it has always done. This is a great opportunity not only to find the real murderers, but also to reduce corruption in Thailand.

Wouldn't that be a kick in the a$$ if they actually had the real murderers and all you folks are giving them your sympathy and they walk free?

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