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


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Interesting statement, below. Seems like the defence already have Dr Porntip on board.

Speaking to Reuters outside the courthouse, Nakorn Chompoochart, the head of the Burmese youngsters’ defence team, said, “The court agreed that the DNA evidence is important in this case. The defence lawyers want an independent forensic organisation to look into it. Those experts are also witnesses for the defence team. If our witnesses can go through all the evidence, it will help them better understand the case, and then they can testify with confidence.”

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Interesting statement, below. Seems like the defence already have Dr Porntip on board.

Speaking to Reuters outside the courthouse, Nakorn Chompoochart, the head of the Burmese youngsters’ defence team, said, “The court agreed that the DNA evidence is important in this case. The defence lawyers want an independent forensic organisation to look into it. Those experts are also witnesses for the defence team. If our witnesses can go through all the evidence, it will help them better understand the case, and then they can testify with confidence.”

If the esteemed Dr. Porntip is called as a witness for the Defense, then she will be subject to cross-examination by the Prosecution. Yikes.

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News from Andy Hall on the Defense Teams work. The trial has yet to start and already there are some who see guilt where there is none. Please keep an open mind and give meaningful support to the defense of these two innocent lads.

"We have argued throughout that we can’t say for sure they are innocent.". ---Andy Hall

Please quote the exact statement, not cherry pick. In this case, without eye-witnesses, only the B2 know for sure whether they're innocent or not, so AH is factually correct to make such a statement..

Andy Hall, a rights activist from Britain who works closely with migrant workers in Thailand, said the defence would also be allowed to request new DNA tests of the suspects. “We have argued throughout that we can’t say for sure they are innocent. But the ruling today means there is a greater chance of a fair trial.”

At long last, the righteous call for independent testing is granted. Providing the samples are genuine, and the DNA from the B2 is freshly obtained for comparison then no-one should complain it has not been fair, whatever the outcome. To rely solely on DNA to evidence guilt though, is probably not enough to convict them of a murder charge. No doubt the defence team is prepared for this.

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Interesting statement, below. Seems like the defence already have Dr Porntip on board.

Speaking to Reuters outside the courthouse, Nakorn Chompoochart, the head of the Burmese youngsters’ defence team, said, “The court agreed that the DNA evidence is important in this case. The defence lawyers want an independent forensic organisation to look into it. Those experts are also witnesses for the defence team. If our witnesses can go through all the evidence, it will help them better understand the case, and then they can testify with confidence.”

If the esteemed Dr. Porntip is called as a witness for the Defense, then she will be subject to cross-examination by the Prosecution. Yikes.

Nah, it will probably be a battle of opposing experts, if that - the prosecutor alone hasn't the same forensic credibility to contest Dr Porntip's evidence. Interestingly, knowing that Dr Porntip would be a defence witness, the court might have permitted her independent testing to counter any challenge by her if she was not given the opportunity. Far easier for the prosecution to challenge her findings, and cast doubt on its veracity, methinks.

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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.

So you're intimating that the prosecution may provide the defence team with fabricated or false evidence and conceal from them the real facts. Have you read what you have written? If this were to happen, which, in my mind, there is no doubt that it could not nor would not occur, as it would require not a major conspiracy but a monumental one to be in play.

How many police personnel, forensic staff, prosecutors, witnesses, court staff, and judges, to name just a few, do you think would have to be involved for something, such as you suggest, to occur. Think about it. Now, you're also sure the are certain things that they will not want to come out.

Please, you know as much as I do, sweet bugger all, so why do you think you know so much and post in such a manner. if you know as much as you're trying to suggest, then maybe you should go along and offer your two bob's worth to the defence team. There's an old saying that we have back home, "You would be laughed out of court."

What Si Thea knows is how Thailand functions. You could learn from him.

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This is before a trial, commented by the Prime Minister:

BANGKOK — Junta leader and Prime Minister Prayuth Chan-ocha says Thai police will be rewarded for arresting two Burmese workers accused of murdering two British tourists in southern Thailand last month.

"I have checked whether the suspects are truly the perpetrators, and I have received confirmation from the police chief that they cannot be scapegoats because DNA tests have proved their guilt," Gen. Prayuth said.

Again, spoken to the media, by the prime minister, before a trial even begins.

What hope do they have of a fair trial. Zero. All evidence given to independent investigators will be switched. Any body who thinks otherwise simply hasn't lived in Thailand long enough to understand.

They may not have to switch anything just hand over the original items possibly obtained from a suspect source or by suspect means.

Remember the initial carry on about DNA testing which was to be done in the States, then it was to be Singapore then suddenly it was decided it could be done here ?

In regard to independent forensic testing, I would hope Dr Porntip's team have the expertise to challenge any suspect samples. I think this is about the best we can hope for in this case.

Edited by stephenterry
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Interesting statement, below. Seems like the defence already have Dr Porntip on board.

Speaking to Reuters outside the courthouse, Nakorn Chompoochart, the head of the Burmese youngsters’ defence team, said, “The court agreed that the DNA evidence is important in this case. The defence lawyers want an independent forensic organisation to look into it. Those experts are also witnesses for the defence team. If our witnesses can go through all the evidence, it will help them better understand the case, and then they can testify with confidence.”

If the esteemed Dr. Porntip is called as a witness for the Defense, then she will be subject to cross-examination by the Prosecution. Yikes.

Nah, it will probably be a battle of opposing experts, if that - the prosecutor alone hasn't the same forensic credibility to contest Dr Porntip's evidence. Interestingly, knowing that Dr Porntip would be a defence witness, the court might have permitted her independent testing to counter any challenge by her if she was not given the opportunity. Far easier for the prosecution to challenge her findings, and cast doubt on its veracity, methinks.

And Nah back to you. Dr. Porrntip on the witness stand under cross-examination would be something to see regardless of whose expert gets to question whom else's expert.

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Interesting statement, below. Seems like the defence already have Dr Porntip on board.

Speaking to Reuters outside the courthouse, Nakorn Chompoochart, the head of the Burmese youngsters’ defence team, said, “The court agreed that the DNA evidence is important in this case. The defence lawyers want an independent forensic organisation to look into it. Those experts are also witnesses for the defence team. If our witnesses can go through all the evidence, it will help them better understand the case, and then they can testify with confidence.”

If the esteemed Dr. Porntip is called as a witness for the Defense, then she will be subject to cross-examination by the Prosecution. Yikes.

Nah, it will probably be a battle of opposing experts, if that - the prosecutor alone hasn't the same forensic credibility to contest Dr Porntip's evidence. Interestingly, knowing that Dr Porntip would be a defence witness, the court might have permitted her independent testing to counter any challenge by her if she was not given the opportunity. Far easier for the prosecution to challenge her findings, and cast doubt on its veracity, methinks.

And Nah back to you. Dr. Porrntip on the witness stand under cross-examination would be something to see regardless of whose expert gets to question whom else's expert.

Who's your money on?

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And what did the UK police have to say ??

It was a very nice holiday

regards Worgeordie

And they were very well looked after by the nice guys in the local plod shop??????

Seriously, this does actually give some people a good opportunity for a much needed face-save.

Edited by The Deerhunter
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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..?

1. yes, 2. I do not know. As long they are in jail, they will not be safe.

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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!

People will simply ignore or try to diminish your last paragraph.

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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!

People will simply ignore or try to diminish your last paragraph.

It's true that TVF hasn't had privy to the RTP's case while the families could have had some insight. However, neither them or TVF has had privy to the defence's case - which any reasonable person would agree is paramount in forming a balanced opinion on the strength of both arguments. Hopefully, both sides will be heard during the trial in a fair manner, but for now, I am not relying on a one-sided version of events as being gospel.

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News from Andy Hall on the Defense Teams work. The trial has yet to start and already there are some who see guilt where there is none. Please keep an open mind and give meaningful support to the defense of these two innocent lads.

"We have argued throughout that we can’t say for sure they are innocent.". ---Andy Hall

Please quote the exact statement, not cherry pick. In this case, without eye-witnesses, only the B2 know for sure whether they're innocent or not, so AH is factually correct to make such a statement..

Andy Hall, a rights activist from Britain who works closely with migrant workers in Thailand, said the defence would also be allowed to request new DNA tests of the suspects. “We have argued throughout that we can’t say for sure they are innocent. But the ruling today means there is a greater chance of a fair trial.”

At long last, the righteous call for independent testing is granted. Providing the samples are genuine, and the DNA from the B2 is freshly obtained for comparison then no-one should complain it has not been fair, whatever the outcome. To rely solely on DNA to evidence guilt though, is probably not enough to convict them of a murder charge. No doubt the defence team is prepared for this.

Again, not cherry picking. The person I was replying to stated that there was none (no guilt) and seemed to be ascribing That position to Andy Hall.

I provided a quote the show that Andy Hall is not making that claim.

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News from Andy Hall on the Defense Teams work. The trial has yet to start and already there are some who see guilt where there is none. Please keep an open mind and give meaningful support to the defense of these two innocent lads.

"We have argued throughout that we can’t say for sure they are innocent.". ---Andy Hall

Please quote the exact statement, not cherry pick. In this case, without eye-witnesses, only the B2 know for sure whether they're innocent or not, so AH is factually correct to make such a statement..

Andy Hall, a rights activist from Britain who works closely with migrant workers in Thailand, said the defence would also be allowed to request new DNA tests of the suspects. “We have argued throughout that we can’t say for sure they are innocent. But the ruling today means there is a greater chance of a fair trial.”

At long last, the righteous call for independent testing is granted. Providing the samples are genuine, and the DNA from the B2 is freshly obtained for comparison then no-one should complain it has not been fair, whatever the outcome. To rely solely on DNA to evidence guilt though, is probably not enough to convict them of a murder charge. No doubt the defence team is prepared for this.

Again, not cherry picking. The person I was replying to stated that there was none (no guilt) and seemed to be ascribing That position to Andy Hall.

I provided a quote the show that Andy Hall is not making that claim.

Exactly my point. Picking the one statement out of hundreds that AH has made - and out of context as to the circumstances is the wrong way to approach a rebuttal. What could have been added is that AH is part of the defence team, and that while he can't be sure, he wouldn't be supporting them if he considered they had carried out the crimes.

I am sure you are able to understand he cannot put himself in a position where his integrity is questioned as that would be prejudicial pre-trial.

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Sure Andy Hall has made lots of comments... but that one as quoted above is dated 30 APRIL 2015.

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

Andy Hall himself is not an attorney. But as someone who seeks to secure the proper rights of immigrants in Thailand especially Burmese, he may work to ensure that the 2 accused have proper representation prior to and at trial even if he knows for a fact that the two accused were involved to a least some extent in the crimes for which they are charged.

Edited by JLCrab
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Sure Andy Hall has made lots of comments... but that one as quoted above is dated 30 APRIL 2015.

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

Andy Hall himself is not an attorney. But as someone who seeks to secure the proper rights of immigrants in Thailand especially Burmese, he may work to ensure that the 2 accused have proper representation prior to and at trial even if he knows for a fact that the two accused were involved to a least some extent in the crimes for which they are charged.

Exactly.

Sub judice doesn't apply in Thailand. Nothing I used was out of context.

People have claimed the 2 Burmese defendants are not guilty. Including the person I replied to who seemed to be ascribing That position to Andy Hall. That's not, apparently, Andy Hall's position.

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Folks, let there be no miss-quotes or errors: statements I make are for my self alone and not for Andy Hall or any member of the Defense Team; I am not the spokesperson for the team nor anyone on the team but myself.

My proclamation of innocence of the two lads is neither emotional nor made in a vacuum, nor from undisclosed or hidden knowledge.

I base my opinion of innocence of the two lads on more than 25 years trial work in the USA, more than 200 criminal trials and more than 2,000 torts and mass-tort litigation cases I tired and/or supervised where crime and accident scenes have been investigated and witnesses (forensic, medical, and fact) have been examined and cross examined.

Most certainly I am not a fortune teller or an astrologer or a professor of black science, but a thoroughly knowledgeable trail lawyer who has made my own fair share of errors but on this case I am to a professional degree of certainty sure that given the crime scene as described and shown in the media (many from the investigating police who posted their trophy pictures on their own Face Book pages), Hanna's rape and the murders of both Hanna and David were not committed by these two hard working and gentle lads.

While the defense team feels they must be more circumspect and fair in their assessment, I am not under any such belief or restraint. I do NOT speak for the Defense Team but for my self alone.

While I appreciate the detective work going on over the internet and on this forum in particular, and while some of your theories can help, the silliness of a few others on this forum is excused and understood as coming from bored and boring arm-chair mock-lawyers and mock-warriors.

If any with actual criminal and murder trial courtroom experience who are lawyers or experts in the fields in discussion, or experts in the filed of accident/crime scene reconstruction, wish to discuss this case with me by e-mail, phone, Skype, or in person, please send me an IM so that we might start. To send me an IM click on my Scales of Justice logo to the upper right of this box.

post-147580-0-80732900-1430561028_thumb.

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Folks, let there be no miss-quotes or errors: statements I make are for my self alone and not for Andy Hall or any member of the Defense Team; I am not the spokesperson for the team nor anyone on the team but myself.

My proclamation of innocence of the two lads is neither emotional nor made in a vacuum, nor from undisclosed or hidden knowledge.

I base my opinion of innocence of the two lads on more than 25 years trial work in the USA, more than 200 criminal trials and more than 2,000 torts and mass-tort litigation cases I tired and/or supervised where crime and accident scenes have been investigated and witnesses (forensic, medical, and fact) have been examined and cross examined.

Most certainly I am not a fortune teller or an astrologer or a professor of black science, but a thoroughly knowledgeable trail lawyer who has made my own fair share of errors but on this case I am to a professional degree of certainty sure that given the crime scene as described and shown in the media (many from the investigating police who posted their trophy pictures on their own Face Book pages), Hanna's rape and the murders of both Hanna and David were not committed by these two hard working and gentle lads.

While the defense team feels they must be more circumspect and fair in their assessment, I am not under any such belief or restraint. I do NOT speak for the Defense Team but for my self alone.

While I appreciate the detective work going on over the internet and on this forum in particular, and while some of your theories can help, the silliness of a few others on this forum is excused and understood as coming from bored and boring arm-chair mock-lawyers and mock-warriors.

If any with actual criminal and murder trial courtroom experience who are lawyers or experts in the fields in discussion, or experts in the filed of accident/crime scene reconstruction, wish to discuss this case with me by e-mail, phone, Skype, or in person, please send me an IM so that we might start. To send me an IM click on my Scales of Justice logo to the upper right of this box.

Another "expert" in Thai law..... With no (mentioned) access to the actual evidence or experience in Thailand stating he knows that the 2 Burmese defendants are innocent.

Edited by jdinasia
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From the above: ... (Ms. Witheridge's) rape and the murders of both (Ms. Witheridge and Mr. Miller) were not committed by these two hard working and gentle lads.

From the Wikipedia description of the Ted Bundy serial killer based dramatization movie:

In Seattle, Washington, 1974, law student Ted Bundy ... appears to be the typical friendly guy-next-door; but underneath this gentle facade lies a beast

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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)

Although DNA Evidence is an important factor in this case, it is not the only factor here. Witnesses, placing the accused near the crime scene when the murder took place, cigarette butts found at the crime scene that match the brand of one of the accused who is the only one that smokes, a missing cell phone, of one of the victims, found at the residence, or near the residence, of one of the accused.

Then there is the confession from both of the accused. Granted that the accused may have been under considerable duress at the time, but it doesn't explain a lot of things. Like both of them being questioned at the same time, in separate rooms, yet both stories match exactly what they said took place that night, and what they did to the victims, and how they killed them. Which also matches perfectly the evidence the police had at that time. They also both don't have an alibi to place them someplace during the murder.

This alone is enough to get a Guilty Verdict. Remember, there were many Murder Trials that took place long before DNA Evidence came along. But with 2 separate sample taken with one done in Thailand and the other done in Singapore (I think) with both pointing to the accused,sure. Let the Defense have a look.

Call it what you want. But with all this evidence pointing to them there is only on explanation. That they did it! They are also getting a better Defense and Break then I would get if I was accused of such a crime, so no, I don't feel sorry for them. I feel sorry for the Victims Family.

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

Folks, let there be no miss-quotes or errors: statements I make are for my self alone and not for Andy Hall or any member of the Defense Team; I am not the spokesperson for the team nor anyone on the team but myself.

My proclamation of innocence of the two lads is neither emotional nor made in a vacuum, nor from undisclosed or hidden knowledge.

I base my opinion of innocence of the two lads on more than 25 years trial work in the USA, more than 200 criminal trials and more than 2,000 torts and mass-tort litigation cases I tired and/or supervised where crime and accident scenes have been investigated and witnesses (forensic, medical, and fact) have been examined and cross examined.

Most certainly I am not a fortune teller or an astrologer or a professor of black science, but a thoroughly knowledgeable trail lawyer who has made my own fair share of errors but on this case I am to a professional degree of certainty sure that given the crime scene as described and shown in the media (many from the investigating police who posted their trophy pictures on their own Face Book pages), Hanna's rape and the murders of both Hanna and David were not committed by these two hard working and gentle lads.

While the defense team feels they must be more circumspect and fair in their assessment, I am not under any such belief or restraint. I do NOT speak for the Defense Team but for my self alone.

While I appreciate the detective work going on over the internet and on this forum in particular, and while some of your theories can help, the silliness of a few others on this forum is excused and understood as coming from bored and boring arm-chair mock-lawyers and mock-warriors.

If any with actual criminal and murder trial courtroom experience who are lawyers or experts in the fields in discussion, or experts in the filed of accident/crime scene reconstruction, wish to discuss this case with me by e-mail, phone, Skype, or in person, please send me an IM so that we might start. To send me an IM click on my Scales of Justice logo to the upper right of this box.

And you place your proof on innocents on what exactly, besides a lot of hot air and you tooting your own horn? As you talked a lot but presented nothing to change my mind, as you never produced one spec of any Proof of Innocents. Just a lot of hot air telling everyone you are a professional in these matters, so we should all just trust and believe in you, and ignore the Hard Evidence. As somebody, for some reason, just made all this up, while the World watches.

So are you now saying that sperm samples were taken from the accused and placed inside the Victim's Vagina and Rectum? That you make your deduction based on a few crime photos on the Internet. Man! Any Fool would know that an expert, which you claim to be, would never do this based on what you saw, and everyone else saw, on the Internet.

You my man are full of BS. That is what is plain and simple to see here from your post!

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From the above: ... (poster went on with opinions)

Please be more specific when quoting a post. The immediate posts above yours didn't contain the quote you included in your post.

Although DNA Evidence is an important factor in this case, it is not the only factor here. Witnesses, placing the accused near the crime scene when the murder took place, cigarette butts found at the crime scene that match the brand of one of the accused who is the only one that smokes, a missing cell phone, of one of the victims, found at the residence, or near the residence, of one of the accused.

Then there is the confession from both of the accused. Granted that the accused may have been under considerable duress at the time, but it doesn't explain a lot of things. Like both of them being questioned at the same time, in separate rooms, yet both stories match exactly what they said took place that night, and what they did to the victims, and how they killed them. Which also matches perfectly the evidence the police had at that time. They also both don't have an alibi to place them someplace during the murder.

This alone is enough to get a Guilty Verdict. Remember, there were many Murder Trials that took place long before DNA Evidence came along. But with 2 separate sample taken with one done in Thailand and the other done in Singapore (I think) with both pointing to the accused,sure. Let the Defense have a look.

Call it what you want. But with all this evidence pointing to them there is only on explanation. That they did it! They are also getting a better Defense and Break then I would get if I was accused of such a crime, so no, I don't feel sorry for them. I feel sorry for the Victims Family.

Sorry, but no cigar. Some of the things GOLDBUGGY alluded to have not been mentioned thus far, and some of his/her conclusions are stretched in their subjectivity. The opening paragraph has incorrect data, particularly its last line; 'one of the victims, found at the residence, or near the residence, of one of the accused.' ....where does that factoid come from? Never heard it before.

the 2nd paragraph has assumptions which, even if the writer was at the 'safe house' at the time, couldn't know. Are there any transcripts and/or video of the safe house interrogations? Even if the writer was at the safe house, he could only be in one room or another, so he could not say with certainty that both said the same things at the same time. Again, the last sentence (of the 2nd paragraph) is false. The B2 have an alibi, and it's reasonable (they went home, went to sleep).

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Many people think it is not these two that did it, and many people including me think that it is these two boys, and i think the Thai police are confident, to even let them check all the evidence, independantly, tells me they are confident they have the right people, regardless of all the social media hype, which we know can be many things

The Thai police were ordered to let the evidence be re examined I personally think they may be ducking and diving and be be very reluctant to hand it over.
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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!

People will simply ignore or try to diminish your last paragraph.

It's true that TVF hasn't had privy to the RTP's case while the families could have had some insight. However, neither them or TVF has had privy to the defence's case - which any reasonable person would agree is paramount in forming a balanced opinion on the strength of both arguments. Hopefully, both sides will be heard during the trial in a fair manner, but for now, I am not relying on a one-sided version of events as being gospel.

Strange comment here, 'that the family seems to have been speaking from a position that we are or will never be privy too'

Does this mean that the family have information that will not be allowed to be used in court ?

As jd says if the trial isn't open and fair then we will diminish your last paragraph.

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Please remember this forum rule when posting:

6) You will not post comments that could be reasonably construed as defamation or libel.
Defamation is the issuance of a statement about another person or business which causes that person to suffer harm. It does not have to be false to be defamatory. Libel is when the defamatory statement is published either in a drawing, painting, cinematography, film, picture or letters made visible by any means, or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means. Defamation is both a civil and criminal charge in Thailand.
If your post is missing from this thread, it was probably in violation of the above forum rule.
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