Myanmar men to stand trial for British tourist murders on Koh Tao

[webfact]

Migrants to stand trial for British tourist murders in Thailand
Bangkok, Thailand | AFP |

BANGKOK: -- Thai prosecutors on Wednesday said two Myanmar men will stand trial for the brutal killing of a pair of British holidaymakers on a tourist resort after finally accepting murder charges against them.

Police originally charged the two migrant workers with the murder of David Miller, 24, and the rape and murder of Hannah Witheridge, 23, in October, citing DNA tests and later confessions by the pair to the crime on the diving island of Koh Tao.

But Zaw Lin and Win Zaw Tun, both in their 20s, later retracted their confessions, alleging they were obtained under duress, raising concerns over the probity of the investigation.

Prosecutors on nearby Koh Samui, where the pair are being held, had for several weeks repeatedly rejected the police file on the case, saying it was incomplete.

But on Wednesday they agreed to finally indict the suspects for trial.

"They (the two suspects) were charged with intentional murder," Paiboon Archavanuntakun, Koh Samui's chief prosecutor, told AFP.

"Tomorrow afternoon (Thursday), the order will be submitted to the Koh Samui provincial court," he said.

"There will then be a trial," he added, without giving details of a timeframe.

The start of court proceedings will come as a blow to the men and their families, who have made impassioned appeals in Myanmar and Thailand for their release.

Rights campaigners in Thailand insist the pair have been made scapegoats for a vicious crime which appeared to initially stretch the capacity of police.

The murders, which occurred in September on a normally tranquil island, also cast a long shadow over the nation's reputation as a tourist haven, prompting the Thai junta leader Prayut Chan-O-Cha to vow to swiftly bring the killers to justice.

Alarmed by the initial handling of the probe -- which saw reporters allowed to trample all over the crime scene among a slew of apparent bungles -- a team of British detectives visited Thailand in November to review the investigation.

They are yet to reveal their findings.

The accused have continued to protest their innocence, submitting a letter on Tuesday to the court urging witnesses come forward to help clear their name.

"This will really assist us in our defence and ensure justice is done for us, our family and the family of the victims," the letter signed by both men said.

"Please don't be scared to assist us at our time of need."

Thai authorities have strongly denied using the pair as scapegoats, insisting their case is built on solid evidence showing the DNA of the accused from initial tests matches samples taken from Witheridge's body.

The grisly murders delivered a fresh blow to the kingdom's image as a tourist haven after months of political protests that ended in May's army coup.

Martial law is still in place across the country, and tourist arrivals have eased off on last year.


-- (c) Copyright AFP 2014-12-03

[15Peter20]

I hope they've got good lawyers now.

[JOC]

I am sorry, but I have got to the point, where I don't believe a word coming from Thai "authorities"!!

Hope those two poor guys will be free to go home soon!!

[Robby nz]

AFP almost managed to get through a report without having a dig, but not quite.

So now, presumably, the defense lawyers will have to be given a full copy of all the evidence against the two Burmese and will be able to put together a defense based on what is both in, and isn't in, the police files.

As the Burmese Govt and HRW are reported to be cooperating in a defense one would expect experienced competent lawyers who will be questioning everything.

Then there is the yet to be released Scotland Yard report, interesting times ahead.

[catsanddogs]

BANGKOK: -- Thai prosecutors on Wednesday said two Myanmar men will stand trial for the brutal killing of a pair of British holidaymakers on a tourist resort after finally accepting murder charges against them.

The headline from the article reads as if the B2 have now changed their minds again as it says 'finally accepting murder charges against them'.

Is anyone else reading it like this? Or is a mistake in the translation to English? I hope it's the latter.

And then this sentence:

'Thai authorities have strongly denied using the pair as scapegoats, insisting their case is built on solid evidence showing the DNA of the accused from initial tests matches samples taken from Witheridge's body'.

I thought they were cleared at the initial tests by the RTP and arrested after the second round?

Or does the article maybe mean that further tests done by other organisations do not match?

[jaltsc]

"Alarmed by the initial handling of the probe -- which saw reporters allowed to trample all over the crime scene among a slew of apparent bungles -- a team of British detectives visited Thailand in November to review the investigation...They are yet to reveal their findings."

Most likely because they are still shaking their heads and saying: "I can't believe what a #&*%@# circus this is, and the buffoons running it"

Edited December 3, 2014 by jaltsc

[Chicog]

[englishoak]

So solid its been submitted and knocked back 6 times.....

[Cuchulainn]

Complete and utter whitewash.

[cocopops]

BANGKOK: -- Thai prosecutors on Wednesday said two Myanmar men will stand trial for the brutal killing of a pair of British holidaymakers on a tourist resort after finally accepting murder charges against them.

The headline from the article reads as if the B2 have now changed their minds again as it says 'finally accepting murder charges against them'.

Is anyone else reading it like this? Or is a mistake in the translation to English? I hope it's the latter.

And then this sentence:

'Thai authorities have strongly denied using the pair as scapegoats, insisting their case is built on solid evidence showing the DNA of the accused from initial tests matches samples taken from Witheridge's body'.

I thought they were cleared at the initial tests by the RTP and arrested after the second round?

Or does the article maybe mean that further tests done by other organisations do not match?

I think the first sentence means that the prosecutors finally accepted that the case made by the police was complete enough to proceed with.

The second sentence seems to be well written at first glance, but it's tricky to figure out exactly what was meant. Perhaps that the initial round of testing has been reviewed and is now considered to show that the DNA of the accused matches the samples found on the rape victims body. Or, more likely, the reporter was in a hurry and all we can really extract from it is "police deny scapegoating" and "solid DNA evidence".

[greenchair]

No words how sad.

The boys must make a choice. If they plead guilty they may go to prison for the rest of their lives. But would avoid the maximum sentence.

If they plead not guilty and lose, they would get the maximum sentence of the death penalty.

Not sure what i would choose even if I was innocent.

[z42]

Absolutely disgraceful. Thai face has a LOT to answer for. A newspaper whose articles can't be posted here got a specific quote from the lead prosecutor of which the gist was "we are requesting a quick trial because of much local and international interest in the case". I hope the UK step in with their report if that gets green lighted, the fact they're holding back until then given what has gone on during the investigation is incredibly distasteful in itself.
It's really sad because the railroading is definitely in motion now. Gonna have to be something irrefutable come to light to derail. It's amazing how much we all take for granted the legal process in our respective home nations.

[falangjim]

The dead cannot cry out for justice. It is a duty of the living to do so for them.--Lois McMaster Bujold

[pigeonjake]

they will stand trial, given money told to shut up and sent home,,

the ones that did it are to well conected

thailand is so so bent, and i never bash thailand or thais,,

but on this,,,,,,,its all a cover up

[dcutman]

I wonder how the prosecutor is gonna play one of the key pieces of evidence, the cell phone that has been found at so many different locations (4 I think).

[pigeonjake]

i see a scotish kid has had to go into hiding for posting on facebook that he new who did it,

he was told he was going to die,,

its in the scotish record

[Anthony5]

I wonder how the prosecutor is gonna play one of the key pieces of evidence, the cell phone that has been found at so many different locations (4 I think).

I think the prosecutor knows exactly which phone was found where and when, he doesn't have to read tv for that.

[Anthony5]

they will stand trial, given money told to shut up and sent home,,

the ones that did it are to well conected

thailand is so so bent, and i never bash thailand or thais,,

but on this,,,,,,,its all a cover up

Why would a well connected give money to send them home and shut up, while in jail they are guaranteed more quiet than anywhere else?

[Anthony5]

i see a scotish kid has had to go into hiding for posting on facebook that he new who did it,

he was told he was going to die,,

its in the scotish record

I think if a Scottish guy really knew anything, he would now be a UK protected witness and be in a safe house, but it is clear that the guy in question just was a drugged up junk who had his 5 minutes of fame.

[Geekfreaklover]

A Thai court is not a place where guilt is determined but rather a place where sentence is passed.

[pigeonjake]

i see a scotish kid has had to go into hiding for posting on facebook that he new who did it,

he was told he was going to die,,

its in the scotish record

I think if a Scottish guy really knew anything, he would now be a UK protected witness and be in a safe house, but it is clear that the guy in question just was a drugged up junk who had his 5 minutes of fame.

please tell how you know he was a druged up junk???

[Bleacher Bum East]

How will you feel if they are convicted and executed based on a trial and verdict that is not deemed by qualified independent observers to be fair based on international standards?

I will let you know, if that actually happens. I don't expect that your scenario will come to pass, but it remains to be seen what the actual evidence is.

Yes, I agree it remains to be seen what the actual evidence is . . .

But for a trial to be fair, it's not just about what evidence is presented by the prosecution, but how it is presented and judged, and how the accused are allowed to defend themselves against that evidence (among other things).

This is particularly important in a case that may involve the death penalty.

Thailand is a party to the International Covenant on Civil and Political Rights, which includes provisions for a right to a fair trial (See Article 15), and the country is legally bound by its provisions.

https://treaties.un.org/doc/Publication/UNTS/Volume%20999/volume-999-I-14668-English.pdf

http://www.ccprcentre.org/wp-content/uploads/2012/08/G0443072en.pdf

I assume that you will agree that Thailand must follow the provisions of this Covenant the same way you argued that Britain and Myanmar are bound by the provisions of the Vienna Convention on Consular Relations.

The fair trial provisions of the ICCPR have been interpreted on many occasions by courts and international organizations.

Here are two reports detailing interpretations of Article 15 of the ICCPR regarding fair trials.

http://www.amnesty.org/en/library/asset/POL30/002/2014/en/7aa5c5d1-921b-422e-8ca4-944db1024150/pol300022014en.pdf

https://www.humanrightsfirst.org/wp-content/uploads/pdf/fair_trial.pdf

A conviction obtained in a trial that does not include the basic elements of fairness cannot be relied upon to have convicted the guilty party and could easily result in an innocent person going to jail or being executed (and the real killers remaining free to kill again) . . . that is why these provisions exist.

I think/hope that many qualified independent observers will be closely watching the trial of the B2 and using the ICCPR and its interpretations as a scorecard to determine if the trial was fair.

I hope this for the sake of Hannah and David's family and justice, but also for Thailand and the Thai people who I care about very much and who deserve these standards to be followed in all cases.

Edited December 3, 2014 by Boo
removed hidden post

[Anthony5]

i see a scotish kid has had to go into hiding for posting on facebook that he new who did it,

he was told he was going to die,,

its in the scotish record

I think if a Scottish guy really knew anything, he would now be a UK protected witness and be in a safe house, but it is clear that the guy in question just was a drugged up junk who had his 5 minutes of fame.

please tell how you know he was a druged up junk???

Fine I will do, if you first tell me how you know he knew who did it.

[bangrak]

When the two Burmese young men would have been 'allowed to do a runner', they would each have collected something else in the chest... Good it didn't go that way.

[Boo]

For a 2 page thread I have just had to hide 15 posts either flaming, trolling & baiting & replies, which is unacceptable.

The next flame, insult, snide comment or baiting post & reactions to it will result in long suspensions.

I hope this warning is clear enough.

thanks

[bangrak]

Maybe 'Anthony5' knows more than what he wants to be told, considering the way he speaks, he must have some business with 'influential persons' on Koh Tao, or is it with the BiBs...?

[Anthony5]

Maybe 'Anthony5' knows more than what he wants to be told, considering the way he speaks, he must have some business with 'influential persons' on Koh Tao, or is it with the BiBs...?

I know exactly as much as 99% of other posters in all the threads about this subject, and that is exactly nothing, so why would my opinion be less worth than yours?

[NeverSure]

The General just days ago met with the leader of Burma to discuss cooperation and to improve relationships.

Burma has been asking for cooperation with this and has even provided lawyers.

What the hell is going on that makes this so important as to jeopardize relationships with Burma?

Does Thailand really need to mash these boys to protect powerful Thais, or couldn't they just release the boys with a statement of not enough evidence, and then the killers never be found?

Where is the missing General in all of this?

[pigeonjake]

i see a scotish kid has had to go into hiding for posting on facebook that he new who did it,

he was told he was going to die,,

its in the scotish record

I think if a Scottish guy really knew anything, he would now be a UK protected witness and be in a safe house, but it is clear that the guy in question just was a drugged up junk who had his 5 minutes of fame.

please tell how you know he was a druged up junk???

Fine I will do, if you first tell me how you know he knew who did it.

not that old chesnut like a little child,, you go first, no you,,,,lol

i was quoting what was in the news,,,,,,

you, well i dont think you know what you were doing,,please explain,,,

[dcutman]

I wonder how the prosecutor is gonna play one of the key pieces of evidence, the cell phone that has been found at so many different locations (4 I think).

I think the prosecutor knows exactly which phone was found where and when, he doesn't have to read tv for that.

Unfortunately for the prosecutor the police found Davids cell phone in 3 or 4 different places, now he has to convince somebody (the judge) this is credible evidence. Like this cell phone much of the evidence in this case is suspect based on the police public announcements conflicting with other public announcements.

If you dont agree the police totally and completely screwed this case up from the start you might as well only respond to JD.