Koh Tao: Trial opens for 2 accused of killing British tourists

[webfact]

Thai trial opens for 2 accused of killing British tourists
THANYARAT DOKSONE, Associated Press

KOH SAMUI, Thailand (AP) — Ten months after two British tourists were killed on a resort island in Thailand, prosecutors were to call their first witnesses Wednesday in a case marked by claims that the accused — two migrants from Myanmar — were tortured into confessing.

Following widespread attention, the case has been called a test of Thailand's justice system.

The battered bodies of David Miller, 24, and Hannah Witheridge, 23, were found Sept. 15 on the rocky shores of Koh Tao, an island in the Gulf of Thailand known for its world-class scuba diving. Autopsies showed that the young backpackers, who had met on the island while staying at the same hotel, had both suffered severe head wounds and Witheridge had been raped.

Two migrant workers from Myanmar were indicted on several charges related to the murders, and prosecutors say they have a solid case against them that includes DNA evidence linking them to the crime.

The two men — Win Zaw Htun and Zaw Lin, both 22 — were arrested in early October and initially confessed to the killings but then retracted their statements saying they were extracted through beatings and threats, which police deny. Human rights groups repeatedly called for an independent investigation and raised concerns the men might be scapegoats.

The trial is being held on the island of Koh Samui, which is near Koh Tao, and was scheduled to begin with the prosecution calling witnesses who first found the victims' bodies in the early hours of Sept 15.

From the start, investigating police faced a variety of criticism, including their failure to secure the crime scene and releasing several names and pictures of suspects who turned out to be innocent.

Under intense pressure to solve the case, which drew global attention, police carried out DNA tests on more than 200 people on the island.

Concern that the men were tortured by police originated with advocates for migrant workers, who are often abused and mistreated without the safeguard of rights held by Thai citizens. But the allegations caught the attention of the British government, which expressed concern to Thai authorities about the way the investigation was conducted. As a result, British police were allowed to observe the case assembled by their Thai counterparts.

About 2.5 million people from Myanmar work in Thailand, most as domestic servants or in low-skilled manual labor industries like construction, fisheries or the garment sector.

The gruesome killings tarnished the image of Thailand's tourism industry, which has been struggling to recover after the army staged a coup in and imposed martial law in May 2014.
___

Associated Press Writer Jocelyn Gecker contributed to this report from Bangkok.

-- (c) Associated Press 2015-07-08

[webfact]

Families of British backpackers in Thailand for murder trial
Zaw Lin and Wai Phyo charged with murders of Hannah Witheridge and David Miller, as relatives seek end ‘incredibly hurtful’ speculation and rumour

LONDON: -- The families of two British backpackers killed on a beach in Thailand last year have arrived in the country, as two migrant workers go on trial charged with their murders.

Hannah Witheridge, 23, from Norfolk, and David Miller, 24, from Jersey, were killed on the island of Koh Tao last September.

Burmese migrants Zaw Lin and Wai Phyo – also known as Win Zaw Htun – are due to stand trial on the nearby island of Koh Samui on charges of murder and rape.

Members of both victims’ families spoke of the pain the deaths had caused.

Miller’s family said: “The act which ended David’s life devastated our family and his friends. Just hours before he died, David was talking to us with his usual enthusiasm, describing the beauty of Koh Tao and the friendliness of the Thai people.

“Over the coming weeks we hope to gain a better understanding as to how such a wonderful young man lost his life in such idyllic surroundings in such a horrible way.

Full story: http://www.theguardian.com/uk-news/2015/jul/08/hannah-witheridge-david-millers-families-thailand-murder-trial

-- The Guardian 2015-07-08

[StealthEnergiser]

[Jonathan Fairfield]

Statement: Defence Lawyers Team, Koh Tao Case

KOH SAMUI:-- A team of defence lawyers assumed responsibility for this case in the name of the Lawyers Council of Thailand as this appeared to be a situation where the accused had been tortured to confess to the crimes they are accused of.

The accused in this case are migrant workers but all their basic human rights for access to justice as the accused and defendants in a criminal case should be respected.

The Lawyers Council of Thailand expects justice to be achieved for all parties to this case and is working to ensure the truth is revealed. The Lawyers Council of Thailand is confident that the mechanisms of the justice system including prosecution officials, defence lawyers and the court itself will be able to ensure that the United Kingdom, Myanmar and other countries across the world consider and accept the Thai justice system as adhering to standards of international justice.

The Lawyers Council of Thailand hopes that both domestic and international media will cooperate in reporting the truth in this case in a correct manner, in a way that respects the deceased and their families and in such a way as to ensure justice for all parties to the case in accordance with everyone’s expectations. I would like to thank the media in advance for your cooperation.

Mr. Nakhon Chomphuchat

Koh Samui

8th July 2015

[AleG]

Statement: Defence Lawyers Team, Koh Tao Case

KOH SAMUI:-- A team of defence lawyers assumed responsibility for this case in the name of the Lawyers Council of Thailand as this appeared to be a situation where the accused had been tortured to confess to the crimes they are accused of.

The accused in this case are migrant workers but all their basic human rights for access to justice as the accused and defendants in a criminal case should be respected.

The Lawyers Council of Thailand expects justice to be achieved for all parties to this case and is working to ensure the truth is revealed. The Lawyers Council of Thailand is confident that the mechanisms of the justice system including prosecution officials, defence lawyers and the court itself will be able to ensure that the United Kingdom, Myanmar and other countries across the world consider and accept the Thai justice system as adhering to standards of international justice.

The Lawyers Council of Thailand hopes that both domestic and international media will cooperate in reporting the truth in this case in a correct manner, in a way that respects the deceased and their families and in such a way as to ensure justice for all parties to the case in accordance with everyone’s expectations. I would like to thank the media in advance for your cooperation.

Mr. Nakhon Chomphuchat

Koh Samui

8th July 2015

"The Lawyers Council of Thailand hopes that both domestic and international media will cooperate in reporting the truth in this case in a correct manner, in a way that respects the deceased and their families and in such a way as to ensure justice for all parties to the case in accordance with everyone’s expectations. I would like to thank the media in advance for your cooperation."

That's very rich of them to say when the defense team, and their proxies, have been busy for months disseminating and encouraging all sort of speculation and rumor mongering to hold the trial "on the court of public opinion" directly in opposition with the stated wishes from the victim's families.

[z42]

Mr Nakhon if you expect justice to be done i would expect all parties to be able to scrutinise evidence and ask serious questions of the investigative process.

I feel dreadfully sorry for the boys on trial. I just can't see how they did it when all viable evidence points elsewhere. They've suffered enough so hope they are acquitted sooner rather than later

[StealthEnergiser]

Great to see that the people are starting to see what some what some posters are really like and ignoring them is the best medicine for them .

[StealthEnergiser]

Ruling expected tomorrow on whether DNA evidence in British backpacker murders can be retested by an independent laboratory. #kohtao

[stephenterry]

Great to see that the people are starting to see what some what some posters are really like and ignoring them is the best medicine for them .

Yes, I could have responded, but what's the mileage in having a meaningless debate argument. Now the Brits are helping the defence, and if independent testing of DNA is permitted, I'm hopeful the prosecution's case will founder on the rocks of truthful disclosure.

[jdinasia]

Great to see that the people are starting to see what some what some posters are really like and ignoring them is the best medicine for them .

Yes, I could have responded, but what's the mileage in having a meaningless debate argument. Now the Brits are helping the defence, and if independent testing of DNA is permitted, I'm hopeful the prosecution's case will founder on the rocks of truthful disclosure.

Which Brits are helping the defense?

[thailandchilli]

Great to see that the people are starting to see what some what some posters are really like and ignoring them is the best medicine for them .

Yes, I could have responded, but what's the mileage in having a meaningless debate argument. Now the Brits are helping the defence, and if independent testing of DNA is permitted, I'm hopeful the prosecution's case will founder on the rocks of truthful disclosure.

Yes difficult to predict what this new evidence actually is but its obviously significant enough for Andy to call it 'important'. I guess we're not going to hear about it just yet as its the prosecutions turn at the moment?

Happy to see also the UK has finally provided this for them and helped them with the case to ensure fairness

[balo]

Mr Nakhon if you expect justice to be done i would expect all parties to be able to scrutinise evidence and ask serious questions of the investigative process.

I feel dreadfully sorry for the boys on trial. I just can't see how they did it when all viable evidence points elsewhere. They've suffered enough so hope they are acquitted sooner rather than later

Explain how all viable evidence points elsewhere?

We have suspects and we will be presented with evidence in court. If they are not good enough the "boys" will be set free,

[stephenterry]

Great to see that the people are starting to see what some what some posters are really like and ignoring them is the best medicine for them .

Yes, I could have responded, but what's the mileage in having a meaningless debate argument. Now the Brits are helping the defence, and if independent testing of DNA is permitted, I'm hopeful the prosecution's case will founder on the rocks of truthful disclosure.

Which Brits are helping the defense?

See post 11, plus two uk defence witnesses. Possibly helping to even up the playing field and/or adding a 'reasonable doubt' aspect.

[Nigeone]

Getting a lot of coverage in the UK news..both Sky and BBC are covering the lead up maybe 3 times a hour..I have a feeling they sense a story and the house of cards may be about to come crashing down...they have been no actually updates as in hourly with the actual case just reminding everyone of the murders..Does anyone think that the Brit police only seeming to offer information at a late stage that they might of been hoping it would get sorted without them having to get involved ...ie from a political angle..just a thought as its been noticeable that the doesn't seem to have been much forthcoming...which incidentally I think is a good thing. Leaving the contridiictory statements to come from the RTP

[mmh8]

this is a sad sad day for justice.

[Happy Grumpy]

We have suspects and we will be presented with evidence in court. If they are not good enough the "boys" will be set free,

No they will never be set free.

The judges will decide if guilty. Not a public jury. The PM has publicly declared that he has looked at the evidence and that they are guilty.

It's done, finished, over, before it has even begun. This is just for show so Thailand can show and say that there was a fair trial and they were found guilty fairly. What actually happens in the trial doesn't matter a jot to the outcome that is already decided.

[JLCrab]

I've said many times if this is a case made of whole-cloth, with any kind of reasonable media access, the Prosecution will not be able to pull it off. Media access, at least so far, is greater than many on here have predicted.

[mmh8]

 

We have suspects and we will be presented with evidence in court. If they are not good enough the "boys" will be set free,

No they will never be set free.

The judges will decide if guilty. Not a public jury. The PM has publicly declared that he has looked at the evidence and that they are guilty.

It's done, finished, over, before it has even begun. This is just for show so Thailand can show and say that there was a fair trial and they were found guilty fairly. What actually happens in the trial doesn't matter a jot to the outcome that is already decided.

 

just like Jason Sudra who was found guilty without even knowing he had committed a crime. following his report of being mugged , the police promptly arrested him, the translator asked him to sign a form to say that what happened was he was mugged outside the hotel, next thing he knows, hes sent to prison. !!! police claim he falsely claimed he had been robbed in an attempted insurance fraud - a crdible story except for one thing, Mr Sudra had no insurance against theft -not suire if the general saw this case or not ( innocent people imprisoned with no trial not being on the ajenda at the end of 2014) - this is Thailand people

[StealthEnergiser]

[StealthEnergiser]

Thai Beach Murder Trial Begins

BANGKOK (DPA) — The trial for last year's beach murder of two British holidaymakers began in Thailand on Wednesday.

Two migrant workers from Myanmar are accused of the rape and murder of Hannah Witheridge and the murder of David Miller on the island resort of Koh Tao in southern Thailand.

The Samui provincial court on Wednesday summoned police forensics investigators to defend DNA evidence that has been widely questioned.

http://www.khaosodenglish.com/detail.php?newsid=1436334508&section=12

[StealthEnergiser]

Thailand: Migrant workers on trial accused of raping, killing British backpackers

The trial of two 22-year-old Burmese migrants, Zaw Lin and Wai Phyo, accused of the murder of two British tourists on a Thai resort island last year, opens Wednesday in Koh Samui amid accusations of evidence mishandling, witness intimidation and possible coerced confessions.

The bodies of two young Britons, Hannah Witheridge -- who was also raped, according to police reports -- and David Miller, were discovered early on September 15 on a beach on Koh Tao, a small island in the Gulf of Thailand. They were partially undressed and had sustained severe injuries to their heads.

http://edition.cnn.com/2015/07/07/asia/koh-tao-migrant-murder-trial-opens/index.html

[webfact]

KOH TAO MURDERS
British tourist double murder trial opens on Thai island

KOH SAMUI: -- The high-profile trial of two Myanmar migrants charged with killing two British holidaymakers opened Wednesday on the holiday island of Koh Samui, in a grim case that has tarnished Thailand's reputation as a tourist haven.

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 southern island of Koh Tao in September.

The two men, who have been in custody on neighbouring Koh Samui since October, arrived at court in a prison van with their feet shackled. They face several charges -- including murder, rape and robbery -- and if found guilty they could face the death penalty.

Family members of the two British backpackers were also present for the opening of the trial, as the prosecution remains marred by allegations of a bungled investigation.

The defence team claim the migrant workers, who both worked for low wages in the tourism trade, have been scapegoated by an under-pressure police force as the murders put Thai authorities in the international spotlight.

After the trial started Wednesday Andy Hall, an activist for a migrants group helping to fund the pair’s case, told AFP the judge will decide whether the defence can independently test the controversial forensic evidence against their clients on Thursday.

"We feel confident he will allow it," he said of tests the defence have been demanding for months in order for a "fair trial".

- ’Bright future ended’ -

=========================

The lifeless, battered bodies of Miller and Witheridge were discovered on a beach just a few hundred yards from the main tourist drag in Koh Tao, sending shockwaves across the beach-fringed idyll in the Gulf of Thailand popular with backpackers and divers.

Miller’s beaten body was found in shallow surf while Witheridge’s was located slightly further up the beach. Police say she was raped as well as beaten.

The families of both victims released statements early Wednesday confirming they would attend the trial’s opening at the imposing courthouse perched on a hill overlooking Samui’s lush palm trees and white beaches.

"Just hours before he died David was talking to us with his usual enthusiasm, describing the beauty of Koh Tao and the friendliness of the Thai people," Miller’s family said in their statement, adding that they hoped to "gain a better understanding" of how the young Brit died.

"Hannah was a beautiful person, inside and out, she brought a room alive just being there," the Witheridge family wrote in their statement.

"Her bright future was brutally ended leaving those who loved her broken with no answers."

Miller’s parents and brother were present at court Wednesday as well as Witheridge’s father and brother.

Both families appealed for privacy from the press for the duration of the trial, which is expected to take place over 18 staggered days between now and September with a verdict due in October.

The killings came as the country’s vital tourism industry was beginning to recover from months of violent street protests that culminated in the May 2014 military coup.

The case also shone a light on Thailand’s many underpaid and often exploited Myanmar migrant workers who fill the lucrative tourist sector.

The pair’s defence team have long criticised the police investigation, claiming the crime scene was contaminated and that their clients were tortured into admitting guilt.

Both men retracted their initial confessions, saying they were coerced into making them.

The defence team had also complained about not being given access to the forensic evidence, despite the court initially ruling in April that they could run their own independent tests.

"There’s a real lack of adequate disclosure by the prosecution and that worries us about whether there will be a fair trial," Hall, from the Migrant Worker Rights Network, told AFP before the judge confirming a decision on this would be reached Thursday.

The forensic material from the crime scene has been used by Thai police and prosecutors to insist they have charged the right men, saying it strongly points to the Myanmar pair as the perpetrators.

The victims’ families have also previously said they have confidence in the case after British investigators reported back to them following a visit to Thailand late last year.

Source: http://www.nationmultimedia.com/breakingnews/British-tourist-double-murder-trial-opens-on-Thai--30264010.html


-- The Nation 2015-07-08

[StealthEnergiser]

[Jonathan Fairfield]

Policeman describes finding the bodies of Hannah Witheridge and David Miller

By Jonathan Samuels, Senior News Correspondent

KOH SAMUI:-- A policeman has described finding the bodies of British backpackers Hannah Witheridge and David Miller, as the trial of the two men accused of their murder begins in Thailand.

The pair were killed last September shortly after meeting on the holiday island of Koh Tao.

Their bodies were found on the beach. Prosecutors say Hannah, 23, from Norfolk, had been raped and beaten.

David, 24, from Jersey, drowned in the sea after receiving head injuries.

The first witness in the trial on Koh Samui, Lt Jakrapan Kaewkao, told the court he found a gruesome sight as he arrived on the scene shortly after getting a 6.30am call.

He said: "I found a man's body lying on the beach. Then I found the woman's body behind the rocks."

Spots of blood were on the rocks, he added, and the two bodies were several metres apart and nearly naked.

Read more: http://news.sky.com/story/1515031/brit-backpacker-murders-thailand-trial-begins

[StealthEnergiser]

Policeman describes finding the bodies of Hannah Witheridge and David Miller

By Jonathan Samuels, Senior News Correspondent

KOH SAMUI:-- A policeman has described finding the bodies of British backpackers Hannah Witheridge and David Miller, as the trial of the two men accused of their murder begins in Thailand.

The pair were killed last September shortly after meeting on the holiday island of Koh Tao.

Their bodies were found on the beach. Prosecutors say Hannah, 23, from Norfolk, had been raped and beaten.

David, 24, from Jersey, drowned in the sea after receiving head injuries.

The first witness in the trial on Koh Samui, Lt Jakrapan Kaewkao, told the court he found a gruesome sight as he arrived on the scene shortly after getting a 6.30am call.

He said: "I found a man's body lying on the beach. Then I found the woman's body behind the rocks."

Spots of blood were on the rocks, he added, and the two bodies were several metres apart and nearly naked.

Read more: http://news.sky.com/story/1515031/brit-backpacker-murders-thailand-trial-begins

The first witness in the trial on Koh Samui, Lt Jakrapan Kaewkao, told the court he found a gruesome sight as he arrived on the scene shortly after getting a 6.30am call.

I hope the person the person that made the call is included in the trial .

[webfact]

Trial begins for murder of British tourists on Thai island of Koh Tao
Amy Sawitta Lefevre

Koh Samui: The trial of two Myanmar men accused of murdering two British holidaymakers in Thailand began on Wednesday in a case that caused outrage in Britain and raised questions about the competence of the Thai police and the treatment of migrant labourers.

British tourists David Miller, 24, and Hannah Witheridge, 23, were murdered last year on Koh Tao, or Turtle Island, a popular tourist destination in southern Thailand.

Thai police said in October that Zaw Lin and Win Zaw Htun, two migrant workers from Myanmar, had initially confessed to the killings. The confessions followed weeks of speculation and pressure on police to solve the murders.

Full story: http://www.smh.com.au/world/trial-begins-for-murder-of-british-tourists-on-thai-island-of-koh-tao-20150708-gi7qx3.html


-- Sydney Morning Herald 2015-07-08

[thailandchilli]

So could this be part of the new evidence?

Defence lawyers said on Wednesday there appeared to be discrepancies between DNA evidence held by Thai police and DNA samples tested by British police.

http://www.smh.com.au/world/trial-begins-for-murder-of-british-tourists-on-thai-island-of-koh-tao-20150708-gi7qx3.html

If so then its no wonder the UK authorities have for so long been requesting independent DNA testing!!

[CockneyGit]

And so the circus begins!

[StealthEnergiser]

So could this be part of the new evidence?

Defence lawyers said on Wednesday there appeared to be discrepancies between DNA evidence held by Thai police and DNA samples tested by British police.

http://www.smh.com.au/world/trial-begins-for-murder-of-british-tourists-on-thai-island-of-koh-tao-20150708-gi7qx3.html

If so then its no wonder the UK authorities have for so long been requesting independent DNA testing!!

How many times has this been done before and innocent people jailed when it hard to trust to police who can be trusted.

[thailandchilli]

So could this be part of the new evidence?

Defence lawyers said on Wednesday there appeared to be discrepancies between DNA evidence held by Thai police and DNA samples tested by British police.

http://www.smh.com.au/world/trial-begins-for-murder-of-british-tourists-on-thai-island-of-koh-tao-20150708-gi7qx3.html

If so then its no wonder the UK authorities have for so long been requesting independent DNA testing!!

How many times has this been done before and innocent people jailed when it hard to trust to police who can be trusted.

The world will now be watching to see if the judges grant permission for verified internationally accepted independent testing of the DNA. There are diplomats, the parents of the victims and just about the whole might of all international media present to observe Thai Justice unfold.