Koh Tao murders trial underway at Samui Provincial court

[chooka]

Can someone please clarify the situation regarding the leg irons for us? I thought I'd read that Yingluk Shinawat had ordered an end to this. All the money wasted by TAT can't erase the public relations disaster for the LOS that is the display of shackled prisoners.

Is it a matter of jurisdictions or just a refusal to follow through on Yingluk's legislation [?]

Martial law may still allow the use.

[Jack Mountain]

According to BKK post, postponed till july 8 ...

[balo]

I think most of us believe that B2 will walk away , even it will take some time.

It doesnt matter if they are innocent or not , now that have the defence team behind them and the money to escape prison and probably enough money for them that their families will have a better life back home in Burma.

[Muirton]

To answer my own question not having done my homework sooner:

"Prime Minister Yingluck Shinawatra on May 15 presided over the ceremony to mark the end of shackling inmates with iron chains and bars at maximum-security Bang Kwang Central Prison in Nonthaburi, ending a century-old practice which draws ire among rights groups as a human rights violation.

Amnesty International Thailand, an international rights group, hailed the move, saying it marks a good start in complying with international practice on human rights. From May 15 onward, there will be no more photographs of prisoners chained with hackles, fetters or leg irons used on the feet or ankles to allow walking but prevent running and kicking. Thailand’s Ministry of Justice Corrections Department decided to discontinue the use of such chains which up to now were used for inmates with serious offences such as those facing execution for murder and those with life imprisonment.

This is to make lives of the inmates easier, and they won't have to carry their shackles, chains, fetters 24 hours a day while confined in jail."

[T_Dog]

Good to see the world has not forgotten this case. Without the help the two suspects are getting, they likely would have caved into pressure and taken the fall.

http://www.telegraph.co.uk/news/worldnews/asia/thailand/11313714/Koh-Tao-murders-suspects-in-killing-of-David-Miller-and-Hannah-Witheridge-say-they-were-framed.html

[Strangebrew]

Why not try a lie dector test of the accused and the suspected an innocent man would say ok guilty well might do a runner.

[Si Thea01]

If the request is denied then it must beg the question why, and in addition to that it would also seriously cast some doubt about the fairness of the whole thing.

Must also add that it is despicable that these guys are wearing leg irons, it's utterly barbaric as they are as of this present moment innocent of all charges. Hope the boys' legal team get at the very least the chance to prove their innocence

The moment I saw the picture I wanted to write a post about barbaric leg irons. Bloody disgusting and another reason why I dislike this country.

Not a good look, definitely over kill. However, they still use leg irons in many countries, one being the USA, and many of those treated this way are before the courts and not yet convicted. In addition to the irons, they also handcuff them. Just as disgusting and barbaric don't you think? Also, out of curiosity, do you reside in Thailand permanently, just a visitor or are you posting from afar?

Edited December 27, 2014 by Si Thea01

[Jai Dee]

To answer my own question not having done my homework sooner:

"Prime Minister Yingluck Shinawatra on May 15 presided over the ceremony to mark the end of shackling inmates with iron chains and bars at maximum-security Bang Kwang Central Prison in Nonthaburi, ending a century-old practice which draws ire among rights groups as a human rights violation.

Amnesty International Thailand, an international rights group, hailed the move, saying it marks a good start in complying with international practice on human rights. From May 15 onward, there will be no more photographs of prisoners chained with hackles, fetters or leg irons used on the feet or ankles to allow walking but prevent running and kicking. Thailand’s Ministry of Justice Corrections Department decided to discontinue the use of such chains which up to now were used for inmates with serious offences such as those facing execution for murder and those with life imprisonment.

This is to make lives of the inmates easier, and they won't have to carry their shackles, chains, fetters 24 hours a day while confined in jail."

When quoting a news source please ensure that you include a link to that source.

From the Forum Rules:

14) You will not post any copyrighted material except as fair use laws apply (as in the case of news articles). Please only post a link, the headline and the first three sentences.

[Si Thea01]

Samui court head judge just asked both Zaw Lin and Wai Phyo: If u not involved in this crime, tell us who is. Dont be scared. how can a judge asked this?

I mentioned in another thread that judges in Thailand in criminal cases have tremendous scope to ask what they like, to allow and disallow what evidence and witnesses they feel are relevant or not and to direct or curtail examination from lawyers.

I am unable to believe that the judge has not had discussions with senior police and political figures given the publicity surrounding this case.

If this case is reported in its entirety, you will see a lot stranger things than this but most of it will be in the form of omission and not allowing certain evidence.

Pro-Somyot posters have led us to believe that this will resemble an adversarial trial as one might see in the UK. One of their favourite phrases is a "vigorous defence". I think what you will see will be closer to a pantomime.

I taught some Thai judges who told me this.

If the people weren't guilty, why would the police charge them with the crime and send them to trial.

Nuff said.

Thai justice in a nutshell.

Really? Who, what and where did you teach? The saying you quote has been doing the rounds of the legal fraternity for years in Australia.

Edited December 27, 2014 by Si Thea01

[Yann55]

Met report 1.jpgmet report 2.jpg

These are the UK MET findings!

Thank you for sharing this, Monkey. The letter is utterly depressing, though, and down goes the hope that the UK police might have been able to shed some light and reason in this obscene circus.

[stephen terry]

]Update on today's case from the Samui Times[/url]

"Update – while in court today emotional scenes were witnessed in the courtroom.

Koh Samui court head judge just asked both Zaw Lin and Wai Phyo: ‘If u not involved in this crime, tell us who is. Don’t be scared.’ Zaw Lin/Wei Phyo both replied strongly to the judge’s question: ‘ really don’t know. We were drunk, just went back home. We know nothing."

So just to clarify, the judge expects the accused to implicate, find or prove those who were actually guilty of the crime, if they plead innocent? Interesting way to handle this legal process.

Policing should be much easier from now on. The police pick people at random to charge with a crime, they go to court and if the accused can't produce the guilty party, it must be them.

Second point, the charge of illegal entry in the country refuted with the passport being produced.

What was it about the prosecution documentation that took so long to prepare, to ensure the case was watertight, if that allegation was so easily proven wrong? Why even bother including it in the docket?

One wonders if the rest of the prosecution is founded on such strong 'evidence'.

I read a previous report from the defence? that stated the B2 said the murderer had left the country. The above is inconsistent, and I don't believe it. If a couple of bottles of beer purchased at the 7/Eleven is an excuse for being drunk, it's improbable. They do know something. Rumours must have spread around the island in the few days following the murder.

I reason they have been warned off implicating anyone whilst in jail, and are relying on a less than perfect prosecution case and the skills of their defence to prove their innocence.

I hope they don't remain incarcerated until July.

[catweazle]

stitch up

vb (tr, adverb)

1. (Knitting & Sewing) to join or mend by means of stitches or sutures

2. (Law)

a. to incriminate (someone) on a false charge by manufacturing evidence

b. to betray, cheat, or defraud

3. to prearrange (something) in a clandestine manner

n

4. a matter that has been prearranged clandestinely

[Oziex1]

" The trial was due to begin in February but was unexpectedly brought forward"

might there have been any purpose on bringing it forward to boxing day - when the major headlines are on the tsunami?

Doesn't matter, they can't hide this the more they think they can the more visible it will be. We are still watching, it may end badly for the 2, but it will end worse for Thailand, another spotlight on their human rights record along with slavery in their fishing industry.

[cookee68]

Sounds like this is all going to be tidied up before the new year. Nice and neat ready for a clean start to the new year.

One wonders why the Myanmar government are providing such extensive support?

My thoughts too

[cookee68]

" The trial was due to begin in February but was unexpectedly brought forward"

might there have been any purpose on bringing it forward to boxing day - when the major headlines are on the tsunami?

Doesn't matter, they can't hide this the more they think they can the more visible it will be. We are still watching, it may end badly for the 2, but it will end worse for Thailand, another spotlight on their human rights record along with slavery in their fishing industry.

Or maybe just maybe the Thai government think they have enough evidence to convict among all the media hype

[Manbing]

I taught at a ministry of Foreign affairs intensive English program, teaching staff from across the Thai government?

[Tropicalevo]

Sounds like this is all going to be tidied up before the new year. Nice and neat ready for a clean start to the new year.

One wonders why the Myanmar government are providing such extensive support?

My thoughts too

try reading post no 62

Edited December 27, 2014 by Tropicalevo

[mrdougjoy]

I've done some terrible thing in my life which can't be changed, and luckily I a free man. My point it that in my case there was a pattern leading up to the big event. I can tell you for sure that you don't start off at this level of crime....so the question is what is the history of these guys.Shouldn't be hard to find out. I somehow, sometimes feel things about a situation like this and I gotta tell you this one doesn't feel right. It all just so freaking convenient...

[sauvagecheri]

If the request is denied then it must beg the question why, and in addition to that it would also seriously cast some doubt about the fairness of the whole thing.

Must also add that it is despicable that these guys are wearing leg irons, it's utterly barbaric as they are as of this present moment innocent of all charges. Hope the boys' legal team get at the very least the chance to prove their innocence

Are you kidding ?

In the US they chain teenagers on their court appearance ,just for truancy violations or for some very minor things .

I was scandalized when I saw my daughter shackled on a court appearance ,just because she was deemed a" Stubborn" child and violated some judge appointed court curfew .

[simonuk]

I taught at a ministry of Foreign affairs intensive English program, teaching staff from across the Thai government?

Is that a question ??

[Boater]

So the famous translator in the case is back to selling pancakes again !

[silver sea]

May be of help perhaps. Click HERE

[Tropicalevo]

May be of help perhaps. Click HERE

The Daily Mail is a blocked site in Thailand so no real help.

[gusG]

May be of help perhaps. Click HERE

The Daily Mail is a blocked site in Thailand so no real help.

It worked for me. In Samui, on 3bb.