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


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Just a thought, if the DNA isn't a match, I wonder who's DNA might have been found in Hannah.

Do you (jdinasia) think it should be retested against those who have already been tested ? Maybe a certain someone could head to Britain and do a test in front of the T.V. cameras.

If you're asking jdinasia or AleG, they would say 'No' ...new testing of DNA should not be done which compares Nomsod's or Mon's DNA (or any other of the Headman's peoples' DNA) against the DNA found in/on Hannah. They would say something like, "No, they're not the defendants, they've already been cleared. Forget about them. Don't even mention their names. They're cleared now and foreever, you got that?!"

Do you mean with also the Alibi of Nomsod, in which he is captured on CCTV in his Bangkok Residence at the University on both the day before and the day of the murders?

Or does your Grand Conspiracy Theory also include the Security at the University Campus, plus all the University Students who say Nomsod was in class at the Bangkok University and writing an exam on the morning of September 15th, and day of the murders?

DNA Testing is expensive and also very time consuming. I am sure they are backlogged in Thailand for other crimes, and just like they are where you live. So you can add me to the list that would say No, as with an Alibi like this, you are just wasting time and tax payers money. Especially when you already have a match from the 2 accused.

My friend you do speak some serious pap, in many posts you make to do with this case it seems. Not sure what your agenda is?

There are reports that Nomsod was on KT that night, along with some of his privileged pals, hanging out in his uncles bar. There were students in his class that said he was missing. The Uni cctv 'snapshot' that shows him on uni property the NEXT day had a lot of doubts about its authenticity, and even if authentic it in no way proves that he was not on KT the previous night. (Out of interest is this cctv snapshot from the next day the 'iron clad alibi' that you refer to? If so can you explain how that is 'iron clad'?)

The confrontation between Hannah / David and some locals in the AC bar seems to be neatly forgotten. No cctv has ever been forthcoming from the AC bar I believe? That's pretty handy if our chum was there. Also jokes (or maybe not jokes?) the next day or two between Nomsod and one or two of his chums about the killings on Facebook (in Thai). One of these people was a girl who, like Nomsod, regularly visits KT (another very privileged offspring) and these 2 in particular chatted and joked about the killings. I must dig up her name. The way they talked made me wonder if she might have been on KT that weekend too. In fact to be honest it made me wonder if they were both involved. I'd also be interested to know more about the AC bar DJs and the large fella who posed with a ho as he cropped up in some facebook friends lists also.

Despite numerous cameras on the wee strip there seemed to be a total lack of cctv available/provided of the night in question apart from a few seconds of edited stuff from a single camera. Surely just a few hours of uninterrupted cctv from a few of the best positioned cameras would have helped this case possibly, rather than the tiny bit released that, surprise surprise, just served to confuse and muddy waters even more. Now who can control all this stuff on the ground?

1. Village headman (or relatives)

2. RTP

3. No-one else

Why was Mon and his dodgy copper pal threatening to pin it on and hang Sean McCanna to tidy up if they had nothing on him?

I'll grant you one point for your observation about the condom a few pages back, but, if correct, that to me just backs up the fact that there was a very personal motive behind this attack IMO. The B2 just do not fit. Some others fit much better. I'm not saying Mon was the main perp (or even involved in the initial crimes) but his alleged 'dna test' was apparently done and dusted in 8 hours seemingly without anything even leaving the island yet days later the Bangkok lab themselves said it takes an absolute minimum of 24 hours to do the tests. So I call BS on that particular 'test'. Was Mon hiding something, or maybe his dna might have been uncomfortably close to one of the guilty parties?

I think the only thing that is guaranteed is that the real perps will never get done for this. I do think that there is a lot more knowledge on the island than is being shared, so possibly the truth will out in the long run but will never be 'cast iron'. If people living there think that is paradise then so be it. Funny idea of paradise though - being shit scared of your life if you don't toe the killer mafia line. You can keep that thanks.

There is reports that say Elvis Presley is still alive, and some people even reported that they were taken by Aliens, and held for days on their space ship. So what does that really mean when "some people reported" this? Especially when they can't be identified, and won't come forward to make a Sworn Statement. Is it then not just "Gossip?". Or Rumor? Better to start your statement with " Rumor has it", or "The talk of the Town", then by trying to state it as a fact, when it is not, and has not proven.

All I know for sure was that Nomsad was DNA tested in front of a crowd of people and he had document proof he had written an exam on the day in question, and has footage of him at his residence the day before and the day of the murders. That, in my view is enough to let him go. But if you think different, then up to you. .

Joan of Arc claimed she heard the voice of God in her head, and she was canonised and people believed her, do you actually have a point you wish to make with your opening lines?

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Can I ask the 'learned gentlemen' here a question?

Of course I can. I know you will all be clamoring to answer. Just remember I ask this in sincerity and would respect sincere replies - without the sarcasm pointing to my ignorance of such things.

Some posts over the last few days have made mention of a condom and the DNA testing it underwent. Is the suggestion that one of the boys wore a condom when the girl was raped?

If so it would mean that this was not a random murder/rape but a well planned one. Premeditated. I'm sure it has happened in the past - that a rapist wore a condom - but I would have thought rare. Who, anywhere in the world, in the act of rapeing someone, would suddenly think "Hang on. I'm not wearing a condom. Better get one on". Then the fumbling of opening the packet and putting it on and all the rigmarole that goes with it. It's normally a two handed operation.

Is that was was supposed to have happened?

Or have I got it wrong?

I await with baited breath.

Frankly, I would speculate that somebody tossed (no pun intended) it there as an afterthought to confuse the crime scene.

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  • Andy Hall and the defense team being severely criticized outside the courtroom by senior RTP
  • Senior RTP telling Andy Hall the strong defense team is disrespectful to the victims families

Those two points are, to me, as bothersome as any of the other things that have transpired in the first two days of the trial.

Has anyone told the RTP brass that the duty of a defense team is to defend their clients? It's not a comfort station at a rock concert, where people go when they're having bad trips. Sometimes the truth hurts, particularly when it's related to a brutal murder committed by some islanders who were probably drunk and highly offended and/or had their sexual advances rebuffed. When men like that get offended, they're very aware of their buddies standing around. Their actions become like a macabre performance for their buddies.

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what is happening in this case they now state the dna is in Bangkok why is it in Bangkok it should be in koh samui ? this is an absolute shambles and was from the beginning failure to cordon off the area evidence conveniently lost incorrect dna testing what an absolute mess .

It is not unusual to keep DNA samples in a central depository.

In the UK when I worked at a Scene of Crime Office one of my duties was a weekly trip to the UK's National DNA centre in Birmingham with our county DNA samples.

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There is mention that evidence from the UK contradicts evidence from the RTP and a lot of speculation as to what that is. Mostly focusing on contradictory DNA testing. As far as I know the UK authorities had no business testing for the accused DNA and would not have done so. The only DNA samples they would have been able to match would have been those of the 2 victims. I speculate that possibly either no foreign DNA was found in or on Hanna or if there was it belonged to David. This would indeed contradict the RTP version that she was raped by the accused and their sperm was found. That is not to say they didn't kill her but it would indeed cast doubt on the veracity of RTP evidence. Hopefully the truth will emerge.

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I went to Pattaya memorial for chest pains they did an ECG on me and told me i had had an heart attack. I got suspicious after a day because i was simply left in a room and no one was really interested in my condition. I demanded to eat some food and when i swallowed it felt like a lump went down my neck and all the pain went immediately. I said i want to check out and asked for the ECG print out. They said it had been LOST Hmmmmm in less than 24 hours. This country is good at losing evidence.

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Khunying Porntip Rojanasunan is actually a highly respected forensic scientist and is independant. She has worked on numerous cases and has, in the past, turned police cases upside down by showing evidence that the parties were infact innocent. A good step for the case, either way.

Issue remains, where is the British police report?

She lost her credibility with her repeated endorsement of the fake bomb detectors even after they had been proven to be a total fraud.

The British police report is not and cannot be part of this Thai judiclal procedure. Stop holding your breath.

General Prayuth amongst others also endorsed these golf ball finders and they are STILL using them. What were you saying about credibility again?

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Khunying Porntip Rojanasunan is actually a highly respected forensic scientist and is independant. She has worked on numerous cases and has, in the past, turned police cases upside down by showing evidence that the parties were infact innocent. A good step for the case, either way.

Issue remains, where is the British police report?

She lost her credibility with her repeated endorsement of the fake bomb detectors even after they had been proven to be a total fraud.

The British police report is not and cannot be part of this Thai judiclal procedure. Stop holding your breath.

Oh, the tired argument about the bomb detectors. Bomb detectors aren't her specialty. That's what military experts are supposed to do, and Thai military experts were completely wrong, even when the rest of the world knew the detectors were useless, expensive scams. Her specialty is crime forensics.

And to try and thwart Brit experts' findings on forensics - show you to be another apologist for Thai officialdom's many mistakes. Are you also shielding the Headman's family members who were, and still should be prime suspects?

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If the Thai police said these men committed these murders then that is evidence enough.DNA evidence is irrelevant along with any other evidence. The prosecution will convict them and the RTP give themselves a big pat on the back. Great job chaps, all done and dusted.Justice has been done.

Sorry gentlemen but that's the way this case is going I'm afraid despite that I believe they are innocent and the whole shebang is a set up to save face.

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The best defense for the B2 is the prosecution team at the moment. Along with the police not knowing what evidence is available, it will hopefully become so embarassing that the Judges will see they can't let them continue to fumble. The case is huge and Thailand is being scrutinized in front of the worlds press.

When the B2 are released the families of David and Hannah will never get closure and the real brutal killers will never be found.

The police don't seem to understand why there are people willing to take time to come to the defence of the B2. This time they do need to prove them guilty but seem to have forgotten that also meant showing clear evidence.

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The Nation September 26, 2014 1:00 am

Then there's the most puzzling piece of evidence only made public for the first time on Wednesday by deputy national police chief Pol General Somyot Poompanmoung - a condom found in the area that had Witheridge's DNA on the outside but nothing on the inside.

http://www.nationmultimedia.com/national/Investigation-into-Koh-Tao-murders-seriously-flawe-30244163.html

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I recall that the police found David's broken phone in the garden outside the accused's living quarters. Surely DNA was left on the phone too and will be produced as evidence or is it missing too?

I recall their were a few timely leaks about finding linking evidence, first it was Heather's phone, then Davids phone after Heathers friend pointed out she had handed heathers phone in to the police the day after the murders.

Then it was Davids phone - or was it?

At that point the case was only 72.3% completed

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So many things are wrong with this case. It would be helpful if someone took the time to list each event pertaining to the case in chronological order. For instance, Is it true one of the first headlines pertaining to this case was that the police wish to arrest the headman's son, then the policeman leading the case was taken off it, a new guy took over and immediately proclaimed the headman's son innocent happily taking smiling pictures with him for the media? The new policeman on the case said forensic DNA evidence proved the headman's son was innocent. How could this be? Apparently there is no DNA testing available on Kho Tao so the evidence has to go to Bangkok where it takes about 48 hours to process. Then the (alleged) doctored CCTV puts the headman's son in Bangkok the day after the murders, but there are many who saw him on KT on day of murder. All very suspicious behavior.

1. The crime scene is totally contaminated with hundreds turning up for a media circus on the beach.

2. Headlines that the headman's son is wanted for the murder, the chief of police investigation is taken off the case then immediately the new chief on the case proclaims the headman's son innocent.

3. The police keep making contradictory statements to the media.

4. Headlines that a Scotsman flees the Island after allegedly being threatened and hounded by a "mafia" gang who threaten to pin the case on him and hang him in the woods.

5. A man claims he is allegedly beaten up and tortured by police trying to frame him for the murders.

6. Two Burmese young men make confessions then immediately allege they were beaten up and tortured to extract the confessions.

7. Confusion over ownership of mobile phones makes the evidence look weak.

8. The Prime Minister congratulates the police on a job well done!

9. The police claim the evidence is perfect.

10. The courts keep telling the police the evidence is not good enough to be presented in court and ask them to go back and improve their case.

11. Claims from Britain they have DNA evidence that contradicts the police DNA results.

12. The defense asks the court to re-examine the DNA but it has all gone missing or has been used up. Effectively, there is no DNA evidence for presentation to the court. Only the police word that it was "perfect"

13. The head of police threaten the defense team outside the court telling them they should be supporting the police not the accused!

Am I missing anything important?

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Do you mean with also the Alibi of Nomsod, in which he is captured on CCTV in his Bangkok Residence at the University on both the day before and the day of the murders?

Or does your Grand Conspiracy Theory also include the Security at the University Campus, plus all the University Students who say Nomsod was in class at the Bangkok University and writing an exam on the morning of September 15th, and day of the murders?

DNA Testing is expensive and also very time consuming. I am sure they are backlogged in Thailand for other crimes, and just like they are where you live. So you can add me to the list that would say No, as with an Alibi like this, you are just wasting time and tax payers money. Especially when you already have a match from the 2 accused.

My friend you do speak some serious pap, in many posts you make to do with this case it seems. Not sure what your agenda is?

There are reports that Nomsod was on KT that night, along with some of his privileged pals, hanging out in his uncles bar. There were students in his class that said he was missing. The Uni cctv 'snapshot' that shows him on uni property the NEXT day had a lot of doubts about its authenticity, and even if authentic it in no way proves that he was not on KT the previous night. (Out of interest is this cctv snapshot from the next day the 'iron clad alibi' that you refer to? If so can you explain how that is 'iron clad'?)

The confrontation between Hannah / David and some locals in the AC bar seems to be neatly forgotten. No cctv has ever been forthcoming from the AC bar I believe? That's pretty handy if our chum was there. Also jokes (or maybe not jokes?) the next day or two between Nomsod and one or two of his chums about the killings on Facebook (in Thai). One of these people was a girl who, like Nomsod, regularly visits KT (another very privileged offspring) and these 2 in particular chatted and joked about the killings. I must dig up her name. The way they talked made me wonder if she might have been on KT that weekend too. In fact to be honest it made me wonder if they were both involved. I'd also be interested to know more about the AC bar DJs and the large fella who posed with a ho as he cropped up in some facebook friends lists also.

Despite numerous cameras on the wee strip there seemed to be a total lack of cctv available/provided of the night in question apart from a few seconds of edited stuff from a single camera. Surely just a few hours of uninterrupted cctv from a few of the best positioned cameras would have helped this case possibly, rather than the tiny bit released that, surprise surprise, just served to confuse and muddy waters even more. Now who can control all this stuff on the ground?

1. Village headman (or relatives)

2. RTP

3. No-one else

Why was Mon and his dodgy copper pal threatening to pin it on and hang Sean McCanna to tidy up if they had nothing on him?

I'll grant you one point for your observation about the condom a few pages back, but, if correct, that to me just backs up the fact that there was a very personal motive behind this attack IMO. The B2 just do not fit. Some others fit much better. I'm not saying Mon was the main perp (or even involved in the initial crimes) but his alleged 'dna test' was apparently done and dusted in 8 hours seemingly without anything even leaving the island yet days later the Bangkok lab themselves said it takes an absolute minimum of 24 hours to do the tests. So I call BS on that particular 'test'. Was Mon hiding something, or maybe his dna might have been uncomfortably close to one of the guilty parties?

I think the only thing that is guaranteed is that the real perps will never get done for this. I do think that there is a lot more knowledge on the island than is being shared, so possibly the truth will out in the long run but will never be 'cast iron'. If people living there think that is paradise then so be it. Funny idea of paradise though - being shit scared of your life if you don't toe the killer mafia line. You can keep that thanks.

@bunglebag - I'm clean outta 'likes' but I like this post - a lot thumbsup.gif

Yes, a reasonable analysis from what I have read so far. There is no doubt in my mind that it is a fit up mainly based on the perceptions of all the items raised in the previous post. Sad that I do not believe the guilty party will ever be brought to justice and if so, there can only be one reason for that.

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By Prae Sakaowan and Todd Ruiz October 8, 2014 / 13:19 ICT

Not to mention that forensic evidence did not recover any of Miller’s DNA from Hannah’s body.

“We did not conclude this yet. Maybe he was wearing a condom,” Suwat said. He said a used condom was recovered from the crime scene but was “too contaminated” to recover male DNA. But DNA from Hannah was found, he said.

http://bangkok.coconuts.co/2014/10/08/universal-doubts-cloud-perfect-koh-tao-murder-investigation

Police said in the midst of the men's brutal assault and rape they had stopped to put on condoms from which police recovered their DNA. Parinya Srisarakarn said the men told him they didn't use condoms. He confirmed the victims bore wounds from misstreatment by police and the police "translator" who was really a roti seller on the island.

http://bangkok.coconuts.co/2014/10/09/surat-thani-prosecutors-kick-flawed-koh-tao-investigation-report-back-police

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If the Thai police said these men committed these murders then that is evidence enough.DNA evidence is irrelevant along with any other evidence. The prosecution will convict them and the RTP give themselves a big pat on the back. Great job chaps, all done and dusted.Justice has been done.

Sorry gentlemen but that's the way this case is going I'm afraid despite that I believe they are innocent and the whole shebang is a set up to save face.

Absolutely.

If people think that 2 Burmese peasants and 2 murdered farang come before Thai face, they're out of their mind.

There is no jury. A panel of judges will decide the outcome. The General has already publicly declared them guilty. His face is on the line. It is going to be massage and pampered, not ripped off and stood on over these 2 peasants.

The only factor now is how much of a shambles the 'trial' and guilty verdict is going to be seen as.

At the moment, it's pretty monumental.

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In all my years as a journalists I have never seen a rape murder case where an assailant uses a condom ?

I guess men from Myanmar play it safe sad.png

Rape with the perpetrators using condoms isn't uncommon.

http://www.nytimes.com/1994/08/22/nyregion/rapists-and-condoms-is-use-a-cavalier-act-or-a-way-to-avoid-disease-and-arrest.html

That being said, from the initial news reports, the condom isn't relevant to the 2 Burmese defendants.

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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.

About as rich as the prosecuting side bombarding everyone for all this time on "they are guilty, we have the evidence (dodgy at best and now apparently lost)"

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Call me dumb, but I can't understand why the young Scottish chap who fled the island, hasn't been inovled in this a great deal more....

It seems to me that he should be heavily involved in these court proceedings. I think he holds a lot of key information, heck - he could even be a suspect.

You're not dumb. He was quickly sent flying out of the country by Thai officials. Thai officialdom and the Headman's people don't ever want to see or hear from Sean again. It's interesting that Thai media is hushed thus far about the trial. Have they been given orders from on high? I think so.

I know this may sound a little cheesy but yes I agree with Andy and all the work the whole defense team is putting into this case including those from the UK, but Andy himself deserves the most praise in his tireless endeavors for justice in this case and so many other cases against persecuted people to his own personal cost.

Several years ago, a large Thai-Chinese owned company was forced to be audited by court order. An Australian auditor was brought over to do it. He was murdered on his way to the company offices. No investigation ensued.

Just saying: all the folks assisting the defense - please be careful (who you meet, where you go, strange requests, etc). There are some shady characters who don't like what you're doing in their territory.

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The defense is doing its job. Mounting a vigorous defense for the 2 Burmese defendants.

But nothing that they are saying to the press is actually important. I am really interested in seeing what they offer into actual evidence.

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Asian Correspondent piece - 'justice looks elusive'. Also mentions police admission that they had lost evidence

http://asiancorrespondent.com/134045/thailand-justice-looks-elusive-in-koh-tao-murders-trial/

Can't you read?

Where does it say the word lost?

If you eat all of the apples and somebody asks you if they can have one do you reply "no, I have lost them"!!!

Lucky go back and read it again, it definitely says the word "lost". If you don't see the word "lost" keep rereading it until you do.

Here is a hint.

Lt Col Somsak told BBC that the samples had either been lost - or that only sufficient for 1 test. Defence wanted to verify independently.

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How does DNA in a murder trial get lost?

When I worked in a Scene of Crime Office in the UK every single item was bagged, tagged, barcoded, details entered of the Police Database and kept in a locked and secure refrigerator.

They were impossible to lose.

But on the other hand this isn't the UK.

Typically, semen samples are frozen or dried, but if it is expected that it will be a number of hours before this can occur, there are chemical solutions that can preserve the sample. Samples can also be dried by air – without heat.

A very simple procedure.

But DNA must be properly collected to make sure it does not become contaminated.

Obviously nothing has been done properly in this case.

And not to forget when a case is a long-term one that may even be revived decades later, evidence could become important once again.

Will the defence team accuse the police of 'mishandling evidence' ?

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The international reputation of Thailand and its leadership will be as tainted as the evidence in this case, thanks to the mishandling of the evidence and indeed the whole case.

My sympathies go out to the families of the victims who came to Thailand hoping for some kind of resolution to the case, only to find a shameful media circus and keystone approach to ascertaining the truth in this sordid episode of Thailand's history. How can they expect to leave with any firm understanding that the deaths of their loved ones has been resolved and that guilty people are punished and innocent ones are not dragged into this.

Whether the accused are innocent or guilty, we will never know, as well as finding out who is really guilty, it these 2 are innocent.

Thailand seems unable to recognize the shame they will experience in the eyes of the world. Far worse than if they felt a Thai person did this and then proceeded accordingly.

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The defense is doing its job. Mounting a vigorous defense for the 2 Burmese defendants.

But nothing that they are saying to the press is actually important. I am really interested in seeing what they offer into actual evidence.

The defense dont have to offer anything. They dont need evidence. All they have to do is show reasonable doubt. It is up to the prosecution to prove its case.

At the moment defense may as well go to the pub and have a few beers and at the end of the day go back to court to find out what else the prosecution has failed to prove, or have lost.

So at the moment the prosecution is the best defense the 2 burmese have.

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Khunying Porntip Rojanasunan is actually a highly respected forensic scientist and is independant. She has worked on numerous cases and has, in the past, turned police cases upside down by showing evidence that the parties were infact innocent. A good step for the case, either way.

Issue remains, where is the British police report?

She lost her credibility with her repeated endorsement of the fake bomb detectors even after they had been proven to be a total fraud.

The British police report is not and cannot be part of this Thai judiclal procedure. Stop holding your breath.

Oh, the tired argument about the bomb detectors. Bomb detectors aren't her specialty. That's what military experts are supposed to do, and Thai military experts were completely wrong, even when the rest of the world knew the detectors were useless, expensive scams. Her specialty is crime forensics.

And to try and thwart Brit experts' findings on forensics - show you to be another apologist for Thai officialdom's many mistakes. Are you also shielding the Headman's family members who were, and still should be prime suspects?

The GT200 was supposed to be a forensic tool. Something that could detect trace evidence. It certainly could not do that.

Khunying Pornthip was supposed to be the best forensic expert in Thailand. Her continued support for the GT200 most certainly damaged her credibility.

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