Koh Tao - Witnesses 'scared to testify' over Brit tourist murders: Thai lawyer

[webfact]

Witnesses 'scared to testify' over Brit tourist murders: Thai lawyer
Bangkok, Thailand | AFP |

KOH SAMUI: -- A lawyer for two Myanmar migrants accused of murdering a pair of British holidaymakers on Thursday said key witnesses are too afraid to come forward, hampering his clients' defence as they prepare to enter a plea.

The men stand accused of murdering David Miller, 24, and raping and murdering Hannah Witheridge, 23, on the Thai diving resort of Koh Tao in September.

Zaw Lin and Win Zaw Tun, both migrant workers aged 21, were formally indicted for trial on Thursday and are due to enter a plea on Monday, according to prosecutors on nearby Koh Samui, where the case will be heard.

"The court will ask the defendants whether they confess or deny the charges," chief prosecutor Paiboon Archavanuntakun told AFP.

The pair -- who did not appear in court on Thursday -- are also accused of battery and illegal entry to Thailand, among other charges, he added.

They were arrested in October after police said they had found the men's DNA on Witheridge's body and that they had admitted to the crimes.

But Zaw Lin and Win Zaw Tun later retracted their confessions, alleging they were obtained under duress.

Their families and legal team have also protested their innocence, saying the men have been made scapegoats by a police force desperate for a quick conclusion to a crime which raised fears over tourist safety in the kingdom.

One of the two men's lawyers told AFP his clients vulnerable immigrant status meant witnesses were scared of testifying or willing to come to his defence.

"This case is not fair... they were migrant workers so witnesses do not dare to testify (for the defence)," Nakhon Chomphuchat, head of their Thai legal team, told AFP.

"We have many disadvantages... we still have not seen the prosecutors' evidence, we just have to fight as best as we can," he added.

On Tuesday the defendants submitted a letter to the court urging witnesses to come forward to help clear their name.

Migrant workers, particularly from neighbouring Myanmar and Cambodia, are often accused of crimes in the kingdom.

Rights groups say they lack fair access to Thailand's already murky legal system.

- 'My son is not a murderer' -

Questions over the police probe prompted British Prime Minister David Cameron to urge his Thai counterpart, Prayut Chan-O-Cha, to allow Scotland Yard detectives to review the Thai case.

A team of British detectives visited Thailand in November but are yet to reveal their findings.

On Thursday the father of Win Zaw Tun repeated his belief in his son's innocence.

"Our son is not a murderer, but he has been locked up like a criminal," he told AFP in Myanmar's commercial capital, Yangon.

"I want the Thai government to capture the real criminal. Knowing my son is in jail makes me suffer terribly. If I could swap with him I would," he added.

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 2014-12-04

[BKKBrit]

"We have many disadvantages... we still have not seen the prosecutors' evidence, we just have to fight as best as we can," he added.

Just about sums it all up, doesn't it?

[JOC]

I am afraid, that any witnesses for the defense have become fish-food already!!

Nomsod probably gave them swim lessons !!

[JOC]

Wonder how much money has changed hands to get all the ducks in a row??

Thailand may have improved its corruption-ranking, but as long as you can pay to get away with murder, the country still remains in the cave-age!!

It stinks!!

[Monkeysee]

I hope David Cameron realises how little Thailand's government cares about what he has to say or his crime investigators.

[BuckBee]

only chance they have if innocent is serious action from UK police/government if they have any consummate evidence to blow it wide open beyond doubt & beyond cover-ups & lies !!

I would like a report from UK regardless of what it supports as it the only way any faith can be bought to this perfect mess ...

Only good thing is Thailand will loose Billions of baht from all the corruption & stupidity that been brought to peoples attention through media, tourists are dwindling, business investors are more cautious & many moving.

Firm I work with are closing shop this year & moving offices to Singapore, quite simply don't want the inconsistent hassle of Thainess any longer. Constant protest/coups that are a farce for the elite factions, mixed with awful policing, messy immigration & incompetent banking have made the decision easy. A quote from my CEO "only 2 things we will miss is 7/11 & our dental clinic" .

Edited December 4, 2014 by BuckBee

[boomerangutang]

Well, at least the Burmese have lawyers. That's a big step up from what they had at the 'safe house' : No one.

I wish them as fair a trial as possible, but it's a tough row to hoe, going up against the full arm-locking force of officialdom - all trying their darndest to bust 'em, while concurrently doing all they can to continue to shield those who should be prime suspects.

[JOC]

I hope David Cameron realises how little Thailand's government cares about what he has to say or his crime investigators.

David who??

[evadgib]

I hope David Cameron realises how little Thailand's government cares about what he has to say or his crime investigators.

It may go against the grain ("the embassy ain't doing nuffink!") but any under estimation will have been in the other direction.

Edited December 4, 2014 by evadgib

[clockman]

The Brits never did anything about the Kirsty Jones murder. So i do not expect any change in policy.

[ChrisY1]

IMO, this lawyer is starting to sound as though he won't be causing too much dust........probably more than a little scared.....but I think he's a brave guy taking this on, but the system here will get him if he starts to get too cocky!!

[BoristheBlade]

<deleted> this, time for the British to make a stand

Publish that report in the morning and destroy these evil bastards.

And as for certain people on Koh Tao...Live by the sword....die by the sword

[thailandchilli]

Wonder how much money has changed hands to get all the ducks in a row??

Thailand may have improved its corruption-ranking, but as long as you can pay to get away with murder, the country still remains in the cave-age!!

It stinks!!

There's a facebook screen capture of one of the local KT police, he owns a restaurant on Koa Tao to, anyway he for some bizarre reason messaged CSI some time back "think not how many baht this has cost, think in millions"

[lemonjelly]

so many holes in case, let's make a list to remind ourselves...... 1)..DNA match was completed too quickly.... anybody want to add more?

[WhizBang]

So, the railroading of the burmese lads continues.

Why am I not surprised.

[Briggsy]

IMO, this lawyer is starting to sound as though he won't be causing too much dust........probably more than a little scared.....but I think he's a brave guy taking this on, but the system here will get him if he starts to get too cocky!!

I agree, the whole Thai system relies on personal relationships, patron-client relationships, respecting those in authority and not challenging them.

The concept of the underdog taking on the establishment is quite alien here. It is so natural for Thais to bend (read: capitulate) in the face of pressure from senior figures (e.g. National Police Commissioner).

In addition lawyers who have challenged senior figures on behalf of their clients tend to be killed here. Here is one example. I was trying to find another case which a lawyer accepted on behalf of a foreign client against a navy officer in Bangkok. He was also murdered but I can't find it now.

http://en.wikipedia.org/wiki/Somchai_Neelapaijit

[englishoak]

"We have many disadvantages... we still have not seen the prosecutors' evidence, we just have to fight as best as we can," he added.

That about says it all, The Thai justice system absolutely stinks.

[daiwill60]

And where is the Scotland Yard report on this investigation ?

It has been very quiet in its findings ??

[MAGS75]

Wonder how much money has changed hands to get all the ducks in a row??

Thailand may have improved its corruption-ranking, but as long as you can pay to get away with murder, the country still remains in the cave-age!!

It stinks!!

20 million to the bib

[chooka]

"We have many disadvantages... we still have not seen the prosecutors' evidence, we just have to fight as best as we can," he added.

Just about sums it all up, doesn't it?

In a fair system the defence is supplied with a copy of all evidence at least 30 days prior. Anything alleged that the defence has not been made aware of can be dismissed. This allows for a level playing field and doesn't stack the case in favour of one side.

[englishoak]

Ya think ?

Edited December 4, 2014 by englishoak

[jabis]

And where is the Scotland Yard report on this investigation ?

It has been very quiet in its findings ??

It was stated that the inquest findings won't be released earlier than January 6th(, or was it 4th).

[greenchair]

Wonder how much money has changed hands to get all the ducks in a row??

Thailand may have improved its corruption-ranking, but as long as you can pay to get away with murder, the country still remains in the cave-age!!

It stinks!!

There's a facebook screen capture of one of the local KT police, he owns a restaurant on Koa Tao to, anyway he for some bizarre reason messaged CSI some time back "think not how many baht this has cost, think in millions"

Rumour has been 120 million.

But since everything has gone pearshaped, maybe that would be more now. Just a rumour mind.

[greenchair]

Please dont forget to sign the new petition on csi.

[boomerangutang]

Some posters are comparing the Justice systems of farang countries with Thailand's. Thailand's justice system is invested in fairness to the extent RTP are invested in fairness. In other words, they've all locked arms to nail the B2 while concurrently shield the Headman's people.

[JLCrab]

Thailand's Justice system is invested in fairness to the extent that it complies with Article 14 of the 1996 'International covenant on civil and political rights' as first referenced here by da Bleacher Bum.

If someone wants to make a case otherwise that might be grounds for appeal after the scapegoats are slam dunk convicted and railroaded by the kangaroo court for a crime everybody knows was committed by someone else but everybody who knows won't come forward with any evidence to back up what they know whether they have any such evidence or not.

[6NS]

And where is the Scotland Yard report on this investigation ?

It has been very quiet in its findings ??

I'm thinking there taking the "if you don't have something nice to say,,, don't say anything at all" rout.

[daveAustin]

Of course they're scared. This ain't the real world where obligatory death doesn't await when you go against someone, guilty or otherwise. Whatever the outcome now -- even if they are magically set free and that little sh.it and his dad go down -- I hope Thailand loses BIG TIME, because, quite frankly, I'm sick and tired of all the boll.ocks and so is the rest of the civilized world no doubt!!!

[daveAustin]

And where is the Scotland Yard report on this investigation ?

It has been very quiet in its findings ??

Is it not due sometime this month?

[masuk]

I hope David Cameron realises how little Thailand's government cares about what he has to say or his crime investigators.

Well, at least it's coming from a country which has a fair legal system.

This latest ploy of holding a hearing 3 hours early does not smell at all good.