Koh Tao murders: Prosecutors look into plea for justice from two Myanmar workers

[razer]

Posters need to understand that if public prosecutors lose a criminal case in Thailand, it damages their career prospects through loss of seniority.

"Loss of seniority" means promotions are delayed and the prosecutor's career earnings potential is severely dented. Prosecutors in Thailand couldn't care less about the reliability of the evidence but if they see that a judge may not be prepared to convict they will not proceed with the case. Here the reason is the public spotlight that the trial would be under.

The situation is very different from the West.

This the American system as opposed to the Continental System of justice. This is how prosecutors operate in the USA. Nothing to do with justice and everything to do with a win. That's why the plea bargain where innocent people have pleaded guilty to get a reduced sentence and avoid taking a chance in a trial by jury where a maximum sentence would automatically be imposed.

Edited October 29, 2014 by razer

[culicine]

I've just read a brief statement in the other Thai English language newspaper that the KT Headman has now agreed to have his son DNA tested. The reason stated was that he wished to quell the social media speculation about his son's guilt/innocence.

A bit late in the day me thinks. I wonder who will test, verify, cross check etc. Even if there is no match, the speculation is unlikely to subside due to the extent of other questionable submissions eg CCTV.

...and there quite a number of police/mafia that have not been tested. Why not?

[Stray]

In another case (?Chiang Mai?) police tried to obtain sperm from a 'suspect' after three days of abuse. Not surprisingly none was forthcoming .

That's odd.... suspect many TV posters would produce large quantities of wrigglies after 45 - 60 minutes of abuse, properly applied, whether in Chiang Mai or Soi Nana or...

Going waaay off topic but I've got to ask. Cooked, why were the BiB trying to obtain sperm from a 'suspect'? Surely, you must have delved deeper into this weird tale, as such an allegation would demand a far more in-depth explanation. If only in an attempt to understand the logic behind such an outrageous affair. I've been hunting around cyberspace and cannot find a peep about it. I would ask some of the folk around my place but to broach such a conversation would be too embarrasing in polite company.

Love your response Wirat. However, why do you suggest it would take so long to produce a, ahem, sample?

Pardon me for veering off-topic. Tangents were always my mathematical forte. Or was that English and gradients?

I've been following this story from the beginning and can only state that some of the greatest suspense authors, working in league, couldn't produce such a sad, twisted and tragic tale.

Sad and tragic for the victims of the original crime and their families and friends.

Sad and tragic for the latest victims (and their relatives and friends) that have been incarcerated for allegedly committing the crimes. (If they are innocent, they are victims of a great injustice. If guilty, they are the victims of their own irrational impulses which caused them to commit such barbaric crimes. Their guilt or innocence is up to the Thai legal system to determine and I won't discuss my personal beliefs or feelings on that.)

Sad and tragic for the Kingdom of Thailand in that those who are empowered to have some form of leadership and control over the different aspects of this case have permitted it to degenerate into the circus that it has become.

What will be the final outcome of this aberration? This is the twisted part of the tale.

I'm sad to say that, in the long term, I do not believe there will be any noticeable changes in crime prevention, crime fighting, crime investigation or the legal and justice systems. Only the families of the victims will be left in private to grieve over their tragic personal loss.

[RustBucket]

Lucky for social media and people disgusted in the way this case has been handled these boys may be proven innocent.

How many times has it been done before ?

These boys should not be in jail at all if the prosecuters are not accepting the case three times now , but they most would have in the past.

How many scapegoats are in thailand jails because of corruption , how many true criminals are still walking around .

Thailand police need to be re trained and re educated . every single one that is involved in corruption dismiss them .

every single one that is involved in corruption dismiss them .

Dismiss them?.... Give them all 20 years in prison is what I would do. Maybe that will send out a message.

[phanangpete]

Lucky for social media and people disgusted in the way this case has been handled these boys may be proven innocent.

How many times has it been done before ?

These boys should not be in jail at all if the prosecuters are not accepting the case three times now , but they most would have in the past.

How many scapegoats are in thailand jails because of corruption , how many true criminals are still walking around .

Thailand police need to be re trained and re educated . every single one that is involved in corruption dismiss them .

In a previous post about a week ago, it was stated that a retired senior Police officer was asked this question, about how many were in jail who were scapegoats, he said about fifty percent !

The procecutors , i believe, have sent the evidence back three times because, one the high profile of the case and two, they are aware what fools they are going to look , bringing what is obviously corrupted evidence to the Court and the defense will have a field day with it .

Edited October 29, 2014 by phanangpete

[PaPiPuPePo]

In another case (?Chiang Mai?) police tried to obtain sperm from a 'suspect' after three days of abuse. Not surprisingly none was forthcoming .

That's odd.... suspect many TV posters would produce large quantities of wrigglies after 45 - 60 minutes of abuse, properly applied, whether in Chiang Mai or Soi Nana or...

You mean seconds, don't you?

[kaobang]

this thread

http://www.thaivisa.com/forum/topic/771891-curfew-for-migrant-workers-on-islands-in-surat-thani-may-be-imposed/

should be on the main section

so the migrant workers MUST go to sleep before 10pm

work sleep maybe eat repeat

work sleep maybe eat repeat

racist modern slavery

[rickirs]

But a judge at the Bangkok court said the police probe, which stemmed from an interview with television network Al-Jazeera, was flawed as it did not involve a Thai state prosecutor from the start. "The investigation was not legal, which means the plaintiff has no legal right to file a complaint."

I cannot recall there ever being a state prosecutor present at the start of a police investigation. The NACC doesn't bring in the State Prosecution (AGO) until it COMPLETES its investigation, ie., with Yingluck accused of abuse of power. Seems to me this charge against the reporter is not very timely for the Junta with its chilled international relations and a decision was made to dismiss the case. I expect the appeals to be also dismissed.

[rickirs]

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I think were all missing the point about the fact that DNA was or was not found to match. The presence of DNA does not necessarily prove murder. It only raises the possibility of such an act being committed by the owner of the DNA.

Correct. DNA is not an eye witness. It is circumstantial evidence that has value only as a part of a chain of preponderance of circumstantial evidence. If the totality of circumstanial evidence is weak, only a confession to the crime can overcome that weakness. With recantation of such a confession we may see the discovery of new evidence to strengthen the case. And while the DNA may narrow the list of suspects, any mishandling of DNA can invalidate its use regardless of whom it may single out as the accused. See the O.J. Simpson case regarding DNA evidence.