Thai court grants Koh Tao evidence review for pair accused of Brit murders

[webfact]

Thai court grants evidence review for pair accused of Brit murders
AFP

BANGKOK: -- The defence team for two Myanmar migrant workers accused of murdering a pair of British holidaymakers in Thailand last year will be allowed to independently analyse the evidence against their clients, a Thai court ruled Thursday.

Zaw Lin and Win Zaw Tun have pleaded not guilty to the murder of 24-year-old David Miller and the rape and murder of Hannah Witheridge, 23, on the island of Koh Tao in September.

The accused, who have been in custody on nearby Koh Samui since October, face several charges including murder, rape and robbery.

If found guilty at their trial -- which is expected to start in early July -- they could face the death penalty, in a case that tarnished Thailand's image as a tourist haven.

The pair's defence team have long voiced concerns over the quality of the Thai police investigation, claiming the crime scene was contaminated and that their clients were tortured into confessing.

"We asked the court... to let us commission independent scientists or experts to check the evidence," Nakhon Chomphuchat, head of the defence team, told AFP after the hearing, adding the request was granted.

He said the defence intended to independently examine DNA samples as well as physical evidence at the crime scene including blood stains and a shirt.

The defendants, both aged 22, confessed to the crimes after their arrest in October but later retracted the admission of guilt, alleging it had been extracted under duress.

Rights groups have accused Thai authorities of using the men as scapegoats.

"We are confident the evidence that we have collected is strong enough to prove the truth in court," Koh Samui's deputy prosecutor, Theerawut Pramhun, told AFP.

In November British detectives travelled to Thailand to review the police investigation into the murders after widespread criticism of blunders that included allowing reporters to trample over the crime scene.

The victims' families have said they have seen strong evidence against the suspects and expressed confidence in the case.

Migrant rights' activist Andy Hall, who is supporting the pair's defence team, said the decision would increase the chances of a fair trial.

"It's incredibly significant," he told AFP.

"It's important for them to be able to get hold of the original material and get it re-examined. It wouldn't be a fair trial otherwise," he added.

Miller and Witheridge's corpses were discovered on a Koh Tao beach on September 15.

The brutal murders further damaged Thailand's image as a tourist haven after months of political protests followed by last May's army coup.

-- (c) Copyright AFP 2015-04-30

[Neeranam]

Good news, well not for the Koh Tao head family thugs

[Local Drunk]

I think that's a good idea...

[ExPratt]

Is that not standard practice here then ?

[seajae]

now all they have to do is be sure that they get the genuine evidence not what the prosecution is claiming to be the real evidence, could be very interesting as I am sure there are certain things they will not want to come out.

[Pattaya28]

And what did the UK police have to say ??

[smedly]

interesting and some praise from me for allowing this to happen, this should remove any doubt with the DNA evidence and allow them to receive a fair representation with all the facts and evidence verified, although it must be done independently 100%

[worgeordie]

And what did the UK police have to say ??

It was a very nice holiday

regards Worgeordie

[berybert]

I like the fact the family are sure there is a strong case against the boys (Not that they have ever said this). And yet the British police did nothing.

So do they really believe what the Thai police are telling them ? My guess would be not. But when did the Thai ever let a lie get in the way of the truth.

[Linky]

Is that not standard practice here then ?

I find it hard to believe defence have to beg to be given the evidence before a trial.

In more enlightened parts of the world the prosecution must provide ALL evidence to the defence, even if it is evidence that goes against the prosecution case.

[BuckBee]

^ #9 lol, was a lame trip by the uk police .

Bit limited to what evidence is available now & anything highly significant lost or altered.

Will be an interesting trial if gets that far as could be quite a few hard to answer questions ...

Edited April 30, 2015 by BuckBee

[smedly]

I like the fact the family are sure there is a strong case against the boys (Not that they have ever said this). And yet the British police did nothing.

So do they really believe what the Thai police are telling them ? My guess would be not. But when did the Thai ever let a lie get in the way of the truth.

as far as I can see the British police were given access to nothing and why should they, they observed only

This whole case hinges on the DNA evidence of semen found on the body of the victim matching the accused, if there is no match then there is no case - simple as that

If there is no match to the accused then that means that someone else was involved and the police should have pursued this with great urgency at the time (or covered it up as some here suggest)

[BuckBee]

I think a lot of the case should also focus on original confession & credibility of details of what happened as they don't match the 2 victims wounds or fact david was half drowned ! DNA alone doesn't prove they used the murder weapon. One big mess & typical of what happens when you use thainess rather than honesty & credible policing :-/

Leaves a real bitter taste in your mouth, I truly hope trial can clear it up & be conducted appropriately & fairly regardless of outcome ...

[NongKhaiKid]

Once again questions about the role of the police who came from Britain and I really don't know what some posters expected.

They were here where they have no jurisdiction and were reliant on their hosts being forthcoming or otherwise. They could ask to see things but if refused that was it, no authority or right to demand.

I'm sure their report would have reflected views on co-operation or lack of it and that's their role completed. Release of their findings, in whole or in part, is out of their hands and is all down to what the Foreign office thinks should be made public and i would think nothing will be said until after the two lads have been tried.

Diplomacy trumps many things.

[djjamie]

This enforces the families of the deceased when they said "the public nor the media have all the facts and not to jump to conclusions". We are now witness to an independent analysis of the evidence and as time goes on I am sure more evidence will come out and then more. That should keep the TVF sleuths at bay until they find something else to cry injustice about.

This highlights yet again that the family seem to have been speaking from a position that we are or will never be privy too. Unless the sleuths suggest the family is part of the grand conspiracy too!

[uty6543]

If found guilty at their trial -- which is expected to start in early July -- they could face the death penalty, in a case that tarnished Thailand's image as a tourist haven.

IMO what tarnishes Thailands image more is the lack of a competent investigation and their willingness to use scapegoats to protect a guilty ...............

[Usual Suspect]

Could/would the RTP plant DNA into/onto the victims clothes?..is this possible..??

Also will the two youths be able to contest any evidence submitted if they know damn well they're being set-up..?

[berybert]

This enforces the families of the deceased when they said "the public nor the media have all the facts and not to jump to conclusions". We are now witness to an independent analysis of the evidence and as time goes on I am sure more evidence will come out and then more. That should keep the TVF sleuths at bay until they find something else to cry injustice about.

This highlights yet again that the family seem to have been speaking from a position that we are or will never be privy too. Unless the sleuths suggest the family is part of the grand conspiracy too!

And what facts do the family have ? What they have been told by the RTP. That is what the problem has been all along. The RTP seem to be on a killing spree among its own members at the moment. Do you think they care if they kill a couple of Burmese or not.

[longtom]

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Is that not standard practice here then ?

I find it hard to believe defence have to beg to be given the evidence before a trial.

In more enlightened parts of the world the prosecution must provide ALL evidence to the defence, even if it is evidence that goes against the prosecution case.

I guess you mean the US, because many other western countries like UK, Germany etc. have different rules - not enlightened by your standards I assume.

Of course we all know that the US have the perfect legal system (ever read a John Grisham novel?).

[Artisi]

Could well be a ploy for dodgy evidence to be highlighted, of course there wouldn't be any reflection or incompetence on the part of RTP, this could finalise the case by allowing the prosecutors to claim - not sufficient evidence to proceed - then nobody loses face (well not outwardly).

[scorecard]

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interesting and some praise from me for allowing this to happen, this should remove any doubt with the DNA evidence and allow them to receive a fair representation with all the facts and evidence verified, although it must be done independently 100%

I just hope the legal representatives of the two Burmese boys ensure they employ the best possible people analyze the evidence.

[scorecard]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Once again questions about the role of the police who came from Britain and I really don't know what some posters expected.

They were here where they have no jurisdiction and were reliant on their hosts being forthcoming or otherwise. They could ask to see things but if refused that was it, no authority or right to demand.

I'm sure their report would have reflected views on co-operation or lack of it and that's their role completed. Release of their findings, in whole or in part, is out of their hands and is all down to what the Foreign office thinks should be made public and i would think nothing will be said until after the two lads have been tried.

Diplomacy trumps many things.

I wonder if the report from the British police is included in the evidence made available to the defendants lawyers?

[boomerangutang]

Where is original evidence? Probably in RTP safekeeping. ...or still in Headman's fridge?

It's doubtful RTP would want to provide evidence which may put their organization's prior conclusions in a bad light.

From my experience with Thai authorities, they seem to lose bits of evidence (or the evidence deteriorates to become useless) when it doesn't fit with their game plan.

And what did the UK police have to say ??

Thanks for the seafood at the island restaurant, and can I please get the tel# of the lass who gave me the foot massage?

[boomerangutang]

I wonder if the report from the British police is included in the evidence made available to the defendants lawyers?

I think the Brit Coroner's Office is only required to show findings to the victims' families, and to the legal teams. You and me are just the general public, so we're further down the list. Even so, it's still our brothers and sisters, sons and daughters who are hanging around those same beach bars, which never closed for business. Biz-as-usual, with the same questionable characters hanging out every night, drinking hard and looking for prey.

[Linky]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Is that not standard practice here then ?

I find it hard to believe defence have to beg to be given the evidence before a trial.

In more enlightened parts of the world the prosecution must provide ALL evidence to the defence, even if it is evidence that goes against the prosecution case.

I guess you mean the US, because many other western countries like UK, Germany etc. have different rules - not enlightened by your standards I assume.

Of course we all know that the US have the perfect legal system (ever read a John Grisham novel?).

Dont assume.

I was talking of Australia, NZ, UK.

Yes the UK does also require the prosecution to divulge all evidence to defence whether it strengthens or weakens the case does not matter. That's where Oz and NZ get it from, the UK.

[phuketandsee]

We shouldn't get our hopes up. What are the chances the evidence has been properly preserved? Nil, judging by the RTP performance to date. And any exculpatory evidence will certainly have been "misplaced"

[berybert]

We shouldn't get our hopes up. What are the chances the evidence has been properly preserved? Nil, judging by the RTP performance to date. And any exculpatory evidence will certainly have been "misplaced"

Now this is he reason we should get our hopes up. There is no evidence so none of it has been preserved.

[webfact]

Forensic verification ordered for evidence in Britons' murder case
SUWANNEE BANDISAK
THE NATION,
SURAT THANI



SURAT THANI: -- THE Samui Provincial Court yesterday ordered public prosecutors to submit key evidence in the much-publicised murders of two British tourists on Koh Tao to the Central Institute of Forensic Science (CIFS) for verification.

The order was in response to a request made by the defendants' lawyers.

"It is a measure to ensure justice," Nakhon Chomphuchat, the head of the defendants' legal team, said.

The items of evidence include DNA samples.

Defendants Zaw Lin and Wai Phyo, two Myanmar migrant workers on Koh Tao, are accused of murdering two Britons last September.

The brutal crimes against the victims made headlines worldwide, prompting serious investigations into the case.

Zaw Lin and Wai Phyo were arrested last October and initially confessed to the crimes. They have later said they were tortured into confession.

DNA test results, however, are among the solid evidence used against them.

Both defendants showed up in the courtroom yesterday. When approached by reporters, they said their stress had eased, their health had improved, and their hope to return to freedom had increased.

The court has set 18 hearing sessions for their case.

The first hearing will start on July 8, during which representatives from the British embassy and relatives of the victims will likely attend.

Source: http://www.nationmultimedia.com/national/Forensic-verification-ordered-for-evidence-in-Brit-30259100.html

-- The Nation 2015-05-01

[NongKhaiKid]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Once again questions about the role of the police who came from Britain and I really don't know what some posters expected.

They were here where they have no jurisdiction and were reliant on their hosts being forthcoming or otherwise. They could ask to see things but if refused that was it, no authority or right to demand.

I'm sure their report would have reflected views on co-operation or lack of it and that's their role completed. Release of their findings, in whole or in part, is out of their hands and is all down to what the Foreign office thinks should be made public and i would think nothing will be said until after the two lads have been tried.

Diplomacy trumps many things.

I wonder if the report from the British police is included in the evidence made available to the defendants lawyers?

That's a good question and as far as I remember little has been said about the British report.

My own feeling is that London will say little or nothing until the trial is over so as not to be accused of trying to prejudice the outcome.

There's a strong possibility that LoS hasn't been given a copy of the report, maybe an outline in a quiet briefing and if there's any suggestion of discontent over lack of co-operation that won't be made public meantime and definitely not by the Thais.

From the outset it was made clear that the visitors had observers status only and there was no provision in Thai law etc for anything else.

I have a funny feeling the report will be VERY broad brush, perhaps uncomplimentary, as the detectives would not be able to speak to much directly and only repeat what they were told or not told as the case may be.

[IslandLover]

More information from the English language press:

http://www.theguardian.com/world/2015/apr/30/thailand-dna-british-backpacker-murders-burmese-suspects?CMP=share_btn_fb

http://www.bbc.com/news/uk-england-32531168?SThisFB&fb_ref=Default

https://www.dvb.no/news/koh-tao-murders-dr-porntip-to-examine-dna-evidence-burma-myanmar-thailand/50363