Koh Tao murder trial rescheduled

[Lite Beer]

Koh Tao murder trial rescheduled
The Nation,

KOH SAMUI: -- Court sets hearing dates from July; Myanmar embassy arranges bail guarantee money for the two suspects

The trial of two Myanmar men accused of murdering a pair of British tourists on Koh Tao will be heard in the second half of next year, after the Koh Samui Court agreed yesterday to postpone the case.

The first hearing has been scheduled on July 8 and will be followed by 11 hearings, one each for five witnesses from both the prosecution and defence, the Koh Samui Court said.

The hearings are scheduled on July 8, 9, 10, 22, 28, then on August 18, 19, 20, 21, 27, 28 and on September 1, 2, 22, 24, 25, 26, judges said.

A senior Myanmar embassy official said more than Bt2 million had been prepared for bail of the two suspects - Zaw Lin and Wai Phyo.

A defence lawyer had earlier made a request to the court, asking for extra statements from more than 15 Myanmar workers on the tourist island included as defence witnesses. It said they earlier had fears for their lives if they gave statements to the Thai police while in Thailand.

But this request was turned down by the court, on grounds that all existing witnesses were already on the lists, including 60 people on the public prosecutors' list who are local police, forensic police personnel and footage from surveillance cameras, a court source said.

The defendants' parents and some relatives were present at yesterday's hearing. One of them said the defence had crucial evidence and confidence that they would defend the suspects.

Zaw Lin and Wai Phyo, both 21, were arrested in October and "confessed" to the crimes, but later withdrew their statements saying they were tortured.

They were in Koh Samui provincial court to hear opening statements from the prosecution, a court official told DPA.

The defence requested that the case be postponed because they had had inadequate time to prepare. The badly beaten bodies of David Miller, 24, and Hannah Witheridge, 23, were found on a beach on Koh Tao on September 15.

British and Myanmar envoys have raised concerns about the investigation, with London sending a police team as observers. The National Human Rights Commission of Thailand also expressed concern about the alleged forced confessions. Thai police denied the accusations of torture or misconduct.

Source: http://www.nationmultimedia.com/national/Koh-Tao-murder-trial-rescheduled-30250774.html

-- The Nation 2014-12-27

[greenchair]

I wonder how many of the prosecution witnesses were turned down.

[NongKhaiKid]

In a rush move bring the hearing forward by 3 months then adjourn for 7.

[Robby nz]

Were they given bail, or is a bail hearing separate?

With assurances from the Myanmar Embassy there cant be a reason not to grant it without saying they don't trust the Myanmar Government.

[The stuttering parrot]

Just great.

Another 6 months of conspiracy theories about how these two are innocent.

Spare a thought for the parents of the victims who probally like nothing more than the whole thing to be over and done with.

The British police have had ample time to at least make some statement on their findings and how long does the defence need to get their act together.

The whole episode is a shambles for both the accused and the victims and their families.

[Tatsujin]

Just great.

Another 6 months of conspiracy theories about how these two are innocent.

Spare a thought for the parents of the victims who probally like nothing more than the whole thing to be over and done with.

The British police have had ample time to at least make some statement on their findings and how long does the defence need to get their act together.

The whole episode is a shambles for both the accused and the victims and their families.

Well, it was rushed forward originally to (try to) get it over and done with before January 6th (I think it was) when the UK Police release their findings/decisions(?).

To answer your question Mr unable to talk properly, the defense needs more than the (less than) 1-2 weeks they got when the trial was suddenly rushed forward considering the prosecutions "evidence" hadn't even been supplied to them at the time it was brought forward.

What you're seeing now (I believe) is a sea change from the top down, and some people are going to be left out to dry on this one and I'm not talking about the Burmese guys.

[greenchair]

Just great.

Another 6 months of conspiracy theories about how these two are innocent.

Spare a thought for the parents of the victims who probally like nothing more than the whole thing to be over and done with.

The British police have had ample time to at least make some statement on their findings and how long does the defence need to get their act together.

The whole episode is a shambles for both the accused and the victims and their families.

There many reports, we do not know what is absolutely true or fiction from the British end. It seems that the families may well just want this nightmare to be out of their lives remembering their children as they were. It may be they are not interested in knowing the full truth. To me, this case is no longer about who did it. It is now more about not allowing two innocent boys to lose their lives. The families of the victims really in due respect should be left to their privacy. This is no longer anything to do with them. The families of the accused need to be supported until such time as irrefutable evidence of guilt comes to light. So far, I have not seen such evidence. Edited December 27, 2014 by greenchair

[klauskunkel]

I believe this is an effort to have people watching this circus lose interest.

[lahgon29]

Just great.

Another 6 months of conspiracy theories about how these two are innocent.

Spare a thought for the parents of the victims who probally like nothing more than the whole thing to be over and done with.

The British police have had ample time to at least make some statement on their findings and how long does the defence need to get their act together.

The whole episode is a shambles for both the accused and the victims and their families.

I suppose your usual RTP apologist mates, the "John" will be along soon to bemoan the fact that you can't get the Burmese lads convicted quickly enough.

[evadgib]

Were they given bail, or is a bail hearing separate?

With assurances from the Myanmar Embassy there cant be a reason not to grant it without saying they don't trust the Myanmar Government.

Embassies cannot act as guarantor full stop. If they were to succeed (they wont) all foreign detainees worldwide could cite the case while demanding same. Pie in the sky/non starter. Edited December 27, 2014 by evadgib

[metisdead]

2) You will not use ThaiVisa.com to post any material which is knowingly or can be reasonably construed as false, inaccurate, invasive of a person's privacy, or otherwise in violation of any law.

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[aimbc]

A defence lawyer had earlier made a request to the court, asking for extra statements from more than 15 Myanmar workers on the tourist island included as defence witnesses. It said they earlier had fears for their lives if they gave statements to the Thai police while in Thailand.

But this request was turned down by the court, on grounds that all existing witnesses were already on the lists, including 60 people on the public prosecutors' list who are local police, forensic police personnel and footage from surveillance cameras, a court source said.

Can this be true? They were denied because police had enough witness that willing to collaborate with their version and will not allow others to discredit them? And the court allowed this to happen? It just doesn't sound fair. And what is the prospect of more witnesses coming out to give testimony during the trial, will the defense be able to use them?

I wonder sometimes if I can ever rely on the news media to report the news properly.

[JOC]

Just great.

Another 6 months of conspiracy theories about how these two are innocent.

Spare a thought for the parents of the victims who probally like nothing more than the whole thing to be over and done with.

The British police have had ample time to at least make some statement on their findings and how long does the defence need to get their act together.

The whole episode is a shambles for both the accused and the victims and their families.

"Another 6 months of conspiracy theories about how these two are innocent."

Oh the irony!!

The first one to join the thread is one of the RTP apologists!!

You are a disgrace!!

[boomerangutang]

Just great. Another 6 months of conspiracy theories about how these two are innocent. Spare a thought for the parents of the victims who probally like nothing more than the whole thing to be over and done with.

The British police have had ample time to at least make some statement on their findings and how long does the defence need to get their act together.

The whole episode is a shambles for both the accused and the victims and their families.

You ending sentence is the only one which rings true, and it's plain to see who is making it a shambles: Thai officialdom.

You can hide away in your myopic little world, thinking Thai officials are right (even when they blame bikinis or say 'a Thai could not have done this'), that's your choice. I'll opt for unadulterated truth - leading to justice for all involved, including indictments for police brass if/when it's shown they purposefully skewed evidence.

[thailandchilli]

Just great.

Another 6 months of conspiracy theories about how these two are innocent.

Spare a thought for the parents of the victims who probally like nothing more than the whole thing to be over and done with.

The British police have had ample time to at least make some statement on their findings and how long does the defence need to get their act together.

The whole episode is a shambles for both the accused and the victims and their families.

Yes indeed the British Police on the 22nd Dec:

"The Metropolitan Police says there is confusion and inconsistencies in the investigation in Thailand into the murders of two British tourists on the island of Koh Tao. Hannah Witheridge and David Miller were killed in September; Scotland Yard, which is observing the Thai inquiry, says there are questions about the strength of the case against the two men from Burma charged with murder."

http://www.thaivisa.com/forum/topic/781951-family-of-brits-murdered-in-thailand-say-evidence-convincing/?p=8852184

[JOC]

So the "judge" just handed down a 8-9 months sentence to the B2, without the need for any evidence to prove their guilt or innocence!!

Forum rules prevent me from saying, what I really think about the Thai "juridical" system!!

I seriously fear for the safety of the B2 and the defense witnesses, a lot of "accidents" can happen in 9 months!!

[Lupatria]

I believe this is an effort to have people watching this circus lose interest.

Maybe that's why they did not state the year in their precise schedule

The hearings are scheduled on July 8, 9, 10, 22, 28, then on August 18, 19, 20, 21, 27, 28 and on September 1, 2, 22, 24, 25, 26, judges said.

[xygote]

Were they given bail, or is a bail hearing separate?

With assurances from the Myanmar Embassy there cant be a reason not to grant it without saying they don't trust the Myanmar Government.

Embassies cannot act as guarantor full stop. If they were to succeed (they wont) all foreign detainees worldwide could cite the case while demanding same. Pie in the sky/non starter.

I believe that the statement about the 2 million Baht having been prepared was by a spokesman for the Myanmar embassy. It didn't say that the embassy was posting bail or offering sureties did it?

[JOC]

The extreme measures from Thai authorities to make this case go away, makes you wonder, who are they really protecting??

Must be someone very high in the food chain!!

[darren84310]

I believe this is an effort to have people watching this circus lose interest.

Imagine what would happen if they disappeared. No trial?.... they'd be free and the police wouldn't lose face at trial.... then other than a diplomatic row, things would eventually be forgotten?

Just a cynical thought.

[Robby nz]

Were they given bail, or is a bail hearing separate?

With assurances from the Myanmar Embassy there cant be a reason not to grant it without saying they don't trust the Myanmar Government.

Embassies cannot act as guarantor full stop. If they were to succeed (they wont) all foreign detainees worldwide could cite the case while demanding same. Pie in the sky/non starter.

Who to believe you or :

Myanmar embassy arranges bail guarantee money for the two suspects

[sweatalot]

A defence lawyer had earlier made a request to the court, asking for extra statements from more than 15 Myanmar workers on the tourist island included as defence witnesses. It said they earlier had fears for their lives if they gave statements to the Thai police while in Thailand.

But this request was turned down by the court, on grounds that all existing witnesses were already on the lists, including 60 people on the public prosecutors' list who are local police, forensic police personnel and footage from surveillance cameras, a court source said.

Can this be true? They were denied because police had enough witness that willing to collaborate with their version and will not allow others to discredit them? And the court allowed this to happen? It just doesn't sound fair. And what is the prospect of more witnesses coming out to give testimony during the trial, will the defense be able to use them?

I wonder sometimes if I can ever rely on the news media to report the news properly.

"I wonder sometimes if I can ever rely on the news media to report the news properly."

It's not the fault of the media if it's about Thai police and Thai courts

[kurnell]

Drop the charges against these 2 Burmese scapegoats and arrest the real killers and send them away for life. How hard is that?

[JOC]

Indeed a very sad day for all of us, who in our naivety was hoping for a fair trial!!

Guess we have to accept, that transparency and justice are just an illusion in Thailand.

2 scapegoats are going to pay with their lives to protect the untouchables!!

It really stinks.

[evadgib]

Were they given bail, or is a bail hearing separate?

With assurances from the Myanmar Embassy there cant be a reason not to grant it without saying they don't trust the Myanmar Government.

Embassies cannot act as guarantor full stop. If they were to succeed (they wont) all foreign detainees worldwide could cite the case while demanding same. Pie in the sky/non starter.

I believe that the statement about the 2 million Baht having been prepared was by a spokesman for the Myanmar embassy. It didn't say that the embassy was posting bail or offering sureties did it?

See OP or post #21.

[JOC]

A defence lawyer had earlier made a request to the court, asking for extra statements from more than 15 Myanmar workers on the tourist island included as defence witnesses. It said they earlier had fears for their lives if they gave statements to the Thai police while in Thailand.

But this request was turned down by the court, on grounds that all existing witnesses were already on the lists, <<Quote

Says it all, doesn't it?

How can a judge refuse witnesses 8 months before the court is in session?

Wonder how many prosecutor witnesses were turned down??

Sadly the B2 are convicted already!!

[Tanlic]

I believe this is an effort to have people watching this circus lose interest.

Yeah people like you would think that.......if you had half a brain in your head and didn't spend so much time trolling you would realize It is quite the opposite.

What Thailand are doing via the court is sending a message saying :we are being a fair as we can: and when we prove these 2 are guilty beyond a shadow of a doubt it will shut people like you up

[aimbc]

Were they given bail, or is a bail hearing separate?

With assurances from the Myanmar Embassy there cant be a reason not to grant it without saying they don't trust the Myanmar Government.

Embassies cannot act as guarantor full stop. If they were to succeed (they wont) all foreign detainees worldwide could cite the case while demanding same. Pie in the sky/non starter.

Who to believe you or :

Myanmar embassy arranges bail guarantee money for the two suspects

Technically evadgib may be right, I don't know. Shouldn't everyone be afforded bail? Especially when they are only in a suspect status. Some people get bail even after they have been found guilty. Too many examples to post here. And the Myanmar statement doesn't mean that they will use diplomatic means to get bail, but they happen to be one of the guarantor. If the Myanmar govt can not post bail for the two suspects, then they very well can give it to the two parents to do so.

I think evadgib is missing the bigger picture here. The statement such as this couldn't have been made without a very high probability of the two being innocent. And that is yet more ammunition to continue to fight for these individuals rights.

Edited December 27, 2014 by aimbc

[JungleBoy2]

The American "Justice" System is thought by many to really mean "JUST US"---

not sure about here.

[Strangebrew]

Maybe just maybe the police might be looking on how to turn this mess around and hand over the real killer. Right I better stop smoking that stuff what M'I thinking never happen even if it were on film showing a certain person doing the act.