Koh Tao murders: Lawyer protests Myanmar men detention

[webfact]

Lawyer protests detention
The Nation

BANGKOK: -- A lawyer representing two Myanmar men accused of killing a British couple on Surat Thani's Koh Tao in mid-September, yesterday objected to the continued detention of the duo.

However, a source said police were preparing to submit the case report to the Koh Samui attorney this week and it could be filed in court by the month-end.

The two suspects were yesterday taken to court for the fifth detention period application. The public prosecutor can detain suspects for seven rounds totalling 84 days.

Lawyer Nakhon Chomphuchat said he would submit the letter objecting to the detention and apply for their bail release because the fifth detention was inappropriate.

Source: http://www.nationmultimedia.com/national/Lawyer-protests-detention-30248148.html


-- The Nation 2014-11-20

[tingtongtourist]

And now the first tile in place.

Expect no more breaking news.

The Burmese2 will be let go,either on some technicality or more likely the appointed judge will be told to find some obscure law whereby they walk with no-one loosing face.

Make me to think Thai language must also have some translation for "time heals all wounds"

[jaidam]

Has it been revealed in public how these 2 devious Burmese managed to steal all cctv footage(except for the 2 minute blurry running man clip) from all businesses on Sairee beach close to where they were alledged to have murdered the 2 Brits?

It is such a shame they did this, especially for themselves. Having the cctv footage of the argument in the bar before the murders would have likely helped the 2B's case.

[BSJ]

Sad that in 2014 there are so many things wrong, or need fixing in LOS.....but won't be!

I'd say the 2 Burmese are not out of the woods yet. And despite everything that has transpired, are we sure they had no involvement in the murders???????

[Noi657]

Sad that in 2014 there are so many things wrong, or need fixing in LOS.....but won't be!

I'd say the 2 Burmese are not out of the woods yet. And despite everything that has transpired, are we sure they had no involvement in the murders???????

Agreed! Did they do it? Did someone else do it? Whatever the verdict, we'll never really know!

[NongKhaiKid]

In a proper judicial system there would likely come a point where the court would indicate no more remands and the prosecution would be told to get on with it or abandon the case but TIT and it would take a very brave judge to climb all over this given all the surrounding circumstances.

[z42]

Well i'd be astounded to know the reasons for keeping them in detention for any longer amount of time. It seems all they are guilty of thus far is riding a motorcycle on CCTV, singing songs, being within 100 metres of the alleged crime scene and being Burmese and mysteriously having DNA that changes week by week (ie one week it didn't match and a different week it did).
I hope these guys will get some justice and at the very least some type of house arrest if they're going to be detained. I won't hold my breath however

[boomerangutang]

It's good to hear the B2 still have a lawyer and he hasn't been snuffed out. Stranger things have happened, for example: the lawyer who was on his way to represent the Muslim defendants. Strong indications that he was taken by plainclothes cops just before he disappeared. No serious investigation ensued. Is anyone surprised?

I think the Burmese guys will be let out the back door and the KT case will fizzle out, as often happens in Thailand - particularly in southern tourist/beach areas.

[chainarong]

There is not much of a case left for the prosecution to fight with , a senior Police officers media stop stating the DNA was not that of an ASIAN, so what has changed the case is compromised, as it can be inferred that the DNA has been tampered with, because now we have 2 persons of Asian origan, if I was the defence council I would be hammering this fact into the ground and it might remind the RTP to keep their collective mouths shut in future.

[dcutman]

In the case of another brutal murder in Surat Thani province (Samui) where suspects have been in remand for 84 days. There is very strong evidence against these suspects, with eyewitness, CCTV footage, the murder weapon(s) and a confession. But yet the prosecutor is waiting on a complete report from the police.

The last bit of the last sentence is very telling as to why this case has not gone to trial, and is most likely why the KT case is going nowhere.

Yesterday, Monday 17^th of November, was technically the last day the suspects in the murder of Volker Schwartges, the 46 year old German man from Duesseldorf who was stabbed to death in Chaweng, could he held in detention at the Samui Provincial Prison.

However today it has been reported that Prosecutor in Chief Paibul Achawanantakul as given the police one month to submit their case against the accused, it is believed this report will implicate a further suspect in the case.

http://www.samuitimes.com/samui-prosecutor-gives-police-one-month-make-case-suspects-murdered-german/

[greenchair]

We do not know if they are guilty or

Not . We all , including the prosecutor and police know there is a lot of doubt.

Based on that doubt they should atleast be allowed secure.bail.

Like suthep and apichart.

[Katipo]

So they can keep these 2 poor boys in jail even without a case strong enough for the prosecutor to accept. Yet we regularly read about murderers and the like being let out on bail after they have already been convicted.

The scales of justice are fairly balanced indeed.

[Briggsy]

They will continue to be held on the charge of illegally residing in / entering the country. This is the failsafe for the Thai police / courts at present.

[alfalfa19]

I'm sure they would have been found hanged in their cells, if not for the international attention and outcry.

[Lovekorat]

Guilty or innocent we may never know but it looks increasingly like the latter and people are trying to find a way out of all this mess. But let's not forget, please, that if they are innocent then there are at least two murderers running around free, possibly at least one of whom is still on the island. That is a sobering and scary thought for anyone unfortunate enough to live on or visit the island. What do they plan to do about that?

[Chris Lawrence]

They have to chip away at this. Hope they get bail.

[jdinasia]

In a proper judicial system there would likely come a point where the court would indicate no more remands and the prosecution would be told to get on with it or abandon the case but TIT and it would take a very brave judge to climb all over this given all the surrounding circumstances.

You didn't read the article, did you?

[phanangpete]

Why when they returned to their room , they were acting normally, as their friend has indicated, and why no blood on their clothes .

Blood on their clothes with the Dna would have been conclusive evidence.

Total farce .

Edited November 20, 2014 by phanangpete

[jdinasia]

Why when they returned to their room , they were acting normally, as their friend has indicated, and why no blood on their clothes .

Blood on there clothes with the Dna would have been conclusive evidence.

Total farce .

When do you think they were arrested?

[Sviss Geez]

In a proper judicial system there would likely come a point where the court would indicate no more remands and the prosecution would be told to get on with it or abandon the case but TIT and it would take a very brave judge to climb all over this given all the surrounding circumstances.

Thailand then has a proper judicial system according to your own definition, after 84 days the accused have to be indicted or released. Just as is stated in the OP.

[AleG]

What the lawyer should be pushing for is for an independent DNA testing compared with samples taken in the UK, no match they walk free, easy as that. Why is that not happening?

[phanangpete]

Why when they returned to their room , they were acting normally, as their friend has indicated, and why no blood on their clothes .

Blood on there clothes with the Dna would have been conclusive evidence.

Total farce .

When do you think they were arrested?

Yes agreed , but no clothes were found with blood on them.

[jdinasia]

What the lawyer should be pushing for is for an independent DNA testing compared with samples taken in the UK, no match they walk free, easy as that. Why is that not happening?

How many different reasons would you like?

AFAIK there was no DNA other than the victims in the UK.

Chain of custody

Inadmissible

[Sviss Geez]

So they can keep these 2 poor boys in jail even without a case strong enough for the prosecutor to accept. Yet we regularly read about murderers and the like being let out on bail after they have already been convicted.

The scales of justice are fairly balanced indeed.

"So they can keep these 2 poor boys in jail..."

Yes, they can, up to 84 days.

They are not "poor boys", what is it with nonsense like that, they are 2 adult men accused of a double murder.

[jdinasia]

Why when they returned to their room , they were acting normally, as their friend has indicated, and why no blood on their clothes .

Blood on there clothes with the Dna would have been conclusive evidence.

Total farce .

When do you think they were arrested?

Yes agreed , but no clothes were found with blood on them.

Again, when do you think they were arrested?

Or after you committed your last murders did you keep bloody clothes around the house?

[jpeg]

Has it been revealed in public how these 2 devious Burmese managed to steal all cctv footage(except for the 2 minute blurry running man clip) from all businesses on Sairee beach close to where they were alledged to have murdered the 2 Brits?

It is such a shame they did this, especially for themselves. Having the cctv footage of the argument in the bar before the murders would have likely helped the 2B's case.

Also, have the ROYAL Thai police not yet compared the obvious gait of the RTP self proclaimed initial suspect with that of the CCTV of the little sh1t entering his condo building fannying about with his obviously newly cut hair. And if not, why not?

And lest anyone forget, there are still those deemed above whatever passes for the 'Law' here permitted to get away with murder. Quite literally, and will continue to do so. Who's gonna stop them?

Edited November 20, 2014 by jpeg

[Briggsy]

And lest anyone forget, there are still those deemed above whatever passes for the 'Law' here permitted to get away with murder. Quite literally, and will continue to do so. Who's gonna stop them?

The answer is the only people that can stop them are office-holders even higher up the chain and if they don't see fit to do so, then as you correctly state they get away with murder.

This is one of the fundamental problems of any "absolute" hierarchical system.

[retarius]

The other day an ex-MP was released having been found guilty of murder of a rival and after having been given the death sentence. OF course he is a rich man able to put up, for him, a relatively small amount of cash to secure his release (1.35 million baht). If they can release a man on death row, why cannot they release these two who have been framed?

[jpeg]

And lest anyone forget, there are still those deemed above whatever passes for the 'Law' here permitted to get away with murder. Quite literally, and will continue to do so. Who's gonna stop them?

The answer is the only people that can stop them are office-holders even higher up the chain and if they don't see fit to do so, then as you correctly state they get away with murder.

This is one of the fundamental problems of any "absolute" hierarchical system.

Well then. Unless anyone has any doubt left as to the 'society' in which you have integrated IT'S A BLOODY TRIBE.

[AleG]

What the lawyer should be pushing for is for an independent DNA testing compared with samples taken in the UK, no match they walk free, easy as that. Why is that not happening?

How many different reasons would you like?

AFAIK there was no DNA other than the victims in the UK.

Chain of custody

Inadmissible

It was a rhetorical question, I think the lawyers know that the DNA evidence is the most damning against their clients and don't want to touch that aspect of the case with a ten foot pole.