Koh Tao murders: 2 DNA profiles from alleged murder weapon do not match defendants' DNA

[Trisha61]

Andy Hall Tweeted:-

I understand 1 judge rotated in annual reshuffle by 30th Sept & been replaced, another judge busy today but back 2mrw

[Trisha61]

Andy Hall also tweeted:-

defense lawyers told me replacement of 1 judge in this case in annual shuffle is normal practice in Thailand

[BritTim]

Makes sense. Around October 1st is the normal time for promotions/reshuffles in Thai police and judiciary. More curious is why the head judge in the case was replaced. That does not seem to be explained by the annual reshuffle.

[Linky]

All judges should be present for all evidence. 2 days left and they are changed.

If they allowed transcripts it would not be so bad but they dont. So the new judges know nothing.

Further, in a real western court the judge determines if a witness is believable. I know this is technical but bear with me.

In a trial if a judge says a witness is not believable it pretty much negates an appeal against any reasons against that witness. But they do rely on the transcript on appeal to think the judge is reasonable.

Apparently that cannot happen here as there is no transcript and that in itself is disgracfull.

[BritTim]

All judges should be present for all evidence. 2 days left and they are changed.

If they allowed transcripts it would not be so bad but they dont. So the new judges know nothing.

Further, in a real western court the judge determines if a witness is believable. I know this is technical but bear with me.

In a trial if a judge says a witness is not believable it pretty much negates an appeal against any reasons against that witness. But they do rely on the transcript on appeal to think the judge is reasonable.

Apparently that cannot happen here as there is no transcript and that in itself is disgracfull.

I do agree that the lack of a verbatim transcript is troubling. There was a link earlier to a blog on Thai court procedure that stated witness testimony, as recorded by the judge, is read back in court, the witness confirms that it is accurate, and it is then signed by the witness, defense and prosecution. That would mitigate the lack of a verbatim transcript to a considerable degree. However, I do not know if that is really happening.

[Trisha61]

All judges should be present for all evidence. 2 days left and they are changed.

If they allowed transcripts it would not be so bad but they dont. So the new judges know nothing.

Further, in a real western court the judge determines if a witness is believable. I know this is technical but bear with me.

In a trial if a judge says a witness is not believable it pretty much negates an appeal against any reasons against that witness. But they do rely on the transcript on appeal to think the judge is reasonable.

Apparently that cannot happen here as there is no transcript and that in itself is disgracfull.

I do agree that the lack of a verbatim transcript is troubling. There was a link earlier to a blog on Thai court procedure that stated witness testimony, as recorded by the judge, is read back in court, the witness confirms that it is accurate, and it is then signed by the witness, defense and prosecution. That would mitigate the lack of a verbatim transcript to a considerable degree. However, I do not know if that is really happening.

I totally agree, I find their Legislature, procedures, promotions/reshuffles quite unfathomable - they seem to fly in the face of logic most of the time. Probably to their advantage, and a means to their own ends!

[bamukloy]

This new development with the judges seems to complicate things even further.

So do the previous two judges get to hand in verdicts?

Correct me if wrong, but adding another two heads could be a way of trying to legitimize what will be a tough verdict?

If they all get to pass a verdict, and in the case where the lower 4 judges are stalemated at 2-2, then the head judges decision might make the final ruling?

Of course it might not be the way it works, and it would be the same situation in a group of 3 anyway..but i guess spread the responsibilty a bit wider?

A tough verdict ?

Have you been paying any attention to the trial ?

I think he means politically tough verdict

yes, exactly what i meant, thanks

[JoopJoop]

Aaarrrggghh!!!

I asked weeks and months ago (under a different user name);

"What are YOU going to do should the worst outcome occur"?

Not wishing to be disrespectful, but I'm thinking bugger all.

I've been to RTP Headquarters and as one had said, I was politely escorted out.

I left them a spare thumb drive should their budget not suffice to maintain critical information in future cases and copies of information I thought pertinent but certain was just discarded to trash....they weren't happy.

I've handed out flyers on Khao San. Every single person I spoke with were not aware of this trial and the miscarriage of justice that's happened to date so.........what will you do?

Only Stephen replied saying he and family have not the financial resources to leave.

Guessing that's the case with the majority or, all of you.

My question is; do any of you have the balls to take this further in person?

Yes, contravening Article 44 and all that may follow.

Or, do you just continue setting smoke to your keyboards?

Edited October 10, 2015 by JoopJoop

[Mooner]

Why change judges? Don't care if it's common practice.

It's retarded. Surely in any profession you should follow a project until it's finished

[Basil B]

One thing for sure...

You could write a blockbuster film script based on the trail worthy of many Oscars, just change the names of people and places to fictitious ones...

[BritTim]

Aaarrrggghh!!!

I asked weeks and months ago (under a different user name);

"What are YOU going to do should the worst outcome occur"?

Not wishing to be disrespectful, but I'm thinking bugger all.

I've been to RTP Headquarters and as one had said, I was politely escorted out.

I left them a spare thumb drive should their budget not suffice to maintain critical information in future cases and copies of information I thought pertinent but certain was just discarded to trash....they weren't happy.

I've handed out flyers on Khao San. Every single person I spoke with were not aware of this trial and the miscarriage of justice that's happened to date so.........what will you do?

Only Stephen replied saying he and family have not the financial resources to leave.

Guessing that's the case with the majority or, all of you.

My question is; do any of you have the balls to take this further in person?

Yes, contravening Article 44 and all that may follow.

Or, do you just continue setting smoke to your keyboards?

You ask a good question, and deserve an answer. I am willing to donate money for the defense and to spread the word among people I know. There are positives and negatives to Thailand and the Thais. This case shows Thailand at its worst. I still have Thai friends who acknowledge the awfulness of what has happened. I feel extremely sad for the victims (David, Hannah and the Burmese kids) and their families. I am angry at those responsible. Call me, and my friends, selfish but there are still limits to my response. I am not willing to risk my own life and happiness in a futile attempt to change some disgraceful aspects of Thai society.

[BritTim]

One thing for sure...

You could write a blockbuster film script based on the trail worthy of many Oscars, just change the names of people and places to fictitious ones...

Would not work unless it was a black comedy. The script would lack credibility.

[Trisha61]

Aaarrrggghh!!!

I asked weeks and months ago (under a different user name);

"What are YOU going to do should the worst outcome occur"?

Not wishing to be disrespectful, but I'm thinking bugger all.

I've been to RTP Headquarters and as one had said, I was politely escorted out.

I left them a spare thumb drive should their budget not suffice to maintain critical information in future cases and copies of information I thought pertinent but certain was just discarded to trash....they weren't happy.

I've handed out flyers on Khao San. Every single person I spoke with were not aware of this trial and the miscarriage of justice that's happened to date so.........what will you do?

Only Stephen replied saying he and family have not the financial resources to leave.

Guessing that's the case with the majority or, all of you.

My question is; do any of you have the balls to take this further in person?

Yes, contravening Article 44 and all that may follow.

Or, do you just continue setting smoke to your keyboards?

You ask a good question, and deserve an answer. I am willing to donate money for the defense and to spread the word among people I know. There are positives and negatives to Thailand and the Thais. This case shows Thailand at its worst. I still have Thai friends who acknowledge the awfulness of what has happened. I feel extremely sad for the victims (David, Hannah and the Burmese kids) and their families. I am angry at those responsible. Call me, and my friends, selfish but there are still limits to my response. I am not willing to risk my own life and happiness in a futile attempt to change some disgraceful aspects of Thai society.

Disturbing situation indeed, especially the lack of action being taken by my so called 'elected government' here in the UK. I really am starting to despair of them, and unfortunately, It makes me feel quite ashamed and powerless to make any change over here.

A number of people (myself included) who saw the gruesome pictures of poor David and Hannah have commented that they can never 'unsee' those images, but on reflection, I do not want to forget what I have seen. The brutal, disgusting, degradation and violence inflicted on these poor youngsters is shocking and gruesome, and the way that these politicians (on both sides) want to sweep it all under the carpet is absolutely abhorrent. My only hope is that sometime in the future, they find a conscience, and that those images haunt them night and day for the rest of their miserable lives. I want all of them to remember till the day they die - the images that they have all obviously witnessed.

In the meantime keep up the good fight doing all we can to help expose the plight of the two 'sacrificial lambs', unfortunately now all we can do is pray for the dead, but we can fight like hell for the living without any further loss of innocent lives. Find the balance and KEEP SAFE!

[BritTim]

Disturbing situation indeed, especially the lack of action being taken by my so called 'elected government' here in the UK. I really am starting to despair of them, and unfortunately, It makes me feel quite ashamed and powerless to make any change over here.

A number of people (myself included) who saw the gruesome pictures of poor David and Hannah have commented that they can never 'unsee' those images, but on reflection, I do not want to forget what I have seen. The brutal, disgusting, degradation and violence inflicted on these poor youngsters is shocking and gruesome, and the way that these politicians (on both sides) want to sweep it all under the carpet is absolutely abhorrent. My only hope is that sometime in the future, they find a conscience, and that those images haunt them night and day for the rest of their miserable lives. I want all of them to remember till the day they die - the images that they have all obviously witnessed.

In the meantime keep up the good fight doing all we can to help expose the plight of the two 'sacrificial lambs', unfortunately now all we can do is pray for the dead, but we can fight like hell for the living without any further loss of innocent lives. Find the balance and KEEP SAFE!

You know, most of those with the power to apply pressure are very unlikely to have seen the images. I doubt the site bestgore.com is part of Cameron's regular reading matter, and no media organization will dare show them. I personally (and I know I am in a minority here) believe people should be exposed to reality. If people knew what the effects of war and of impunity in committing crimes really meant, there would be fewer wars and a greater commitment to justice. The beginning of the end of the Vietnam War was the publishing of that iconic photo of the young girl splashed with napalm. If the UK and Thai public had seen those crime scene photos, there would be a lot less apathy in this case.

[Trisha61]

Disturbing situation indeed, especially the lack of action being taken by my so called 'elected government' here in the UK. I really am starting to despair of them, and unfortunately, It makes me feel quite ashamed and powerless to make any change over here.

A number of people (myself included) who saw the gruesome pictures of poor David and Hannah have commented that they can never 'unsee' those images, but on reflection, I do not want to forget what I have seen. The brutal, disgusting, degradation and violence inflicted on these poor youngsters is shocking and gruesome, and the way that these politicians (on both sides) want to sweep it all under the carpet is absolutely abhorrent. My only hope is that sometime in the future, they find a conscience, and that those images haunt them night and day for the rest of their miserable lives. I want all of them to remember till the day they die - the images that they have all obviously witnessed.

In the meantime keep up the good fight doing all we can to help expose the plight of the two 'sacrificial lambs', unfortunately now all we can do is pray for the dead, but we can fight like hell for the living without any further loss of innocent lives. Find the balance and KEEP SAFE!

You know, most of those with the power to apply pressure are very unlikely to have seen the images. I doubt the site bestgore.com is part of Cameron's regular reading matter, and no media organization will dare show them. I personally (and I know I am in a minority here) believe people should be exposed to reality. If people knew what the effects of war and of impunity in committing crimes really meant, there would be fewer wars and a greater commitment to justice. The beginning of the end of the Vietnam War was the publishing of that iconic photo of the young girl splashed with napalm. If the UK and Thai public had seen those crime scene photos, there would be a lot less apathy in this case.

Absolutely agree, coming from a medical background, if people were exposed to some measure of reality and not merely stupid hollywood special effects, they would be reminded of their own (and that of others) mortality, and the world may be a kinder place.

Of course that scenario would not make the least bit of difference to the pond life excrement responsible for these murders. But the public outcry for true justice in many countries would be deafening and unwavering.

Having said that - what parent, brother or sister etc. would want those pictures shared in the public domain?

Edited October 10, 2015 by Trisha61

[phuketandsee]

Disturbing situation indeed, especially the lack of action being taken by my so called 'elected government' here in the UK. I really am starting to despair of them, and unfortunately, It makes me feel quite ashamed and powerless to make any change over here.

A number of people (myself included) who saw the gruesome pictures of poor David and Hannah have commented that they can never 'unsee' those images, but on reflection, I do not want to forget what I have seen. The brutal, disgusting, degradation and violence inflicted on these poor youngsters is shocking and gruesome, and the way that these politicians (on both sides) want to sweep it all under the carpet is absolutely abhorrent. My only hope is that sometime in the future, they find a conscience, and that those images haunt them night and day for the rest of their miserable lives. I want all of them to remember till the day they die - the images that they have all obviously witnessed.

In the meantime keep up the good fight doing all we can to help expose the plight of the two 'sacrificial lambs', unfortunately now all we can do is pray for the dead, but we can fight like hell for the living without any further loss of innocent lives. Find the balance and KEEP SAFE!

You know, most of those with the power to apply pressure are very unlikely to have seen the images. I doubt the site bestgore.com is part of Cameron's regular reading matter, and no media organization will dare show them. I personally (and I know I am in a minority here) believe people should be exposed to reality. If people knew what the effects of war and of impunity in committing crimes really meant, there would be fewer wars and a greater commitment to justice. The beginning of the end of the Vietnam War was the publishing of that iconic photo of the young girl splashed with napalm. If the UK and Thai public had seen those crime scene photos, there would be a lot less apathy in this case.

I agree with you. However you might be surprised how many Thais have seen the photos. They really go for that.

[smedly]

Follow

Andy Hall‏@Atomicalandy

Zaw Lin witness testimony this morning mainly discussion of investigation/questioning process and torture/procedural irregularity issues

Yes, which is the main aim of the B2. To show illegal methods used by the RTP to gain a confession. Up to the judges to agree or not.

it has a lot to do with methods used but the important fact is that they did not have legal council at the time, which is why Thailand is still in the dark ages.......or they refuse to respect their own laws, either way if they had done everything above board then the (interviews) may have had some credit and we would not be discussing it, as it stands - anything that went on during interviews with B2 when they did not have legal council should not be under consideration by the court - black and white under law ..................inadmissible

but then again who in Thailand follows the "law" even court judges should find this easy as they have studied law to get were they are, do they not know how to uphold the law, is that expectation too much

[smedly]

Follow

Andy Hall‏@Atomicalandy

Returning back to Koh Samui courtroom 6 for afternoon of penultimate day of Koh Tao murder trial. Zaw Lin currently being cross examined.

How ????????

how is he being cross examined ?

by roti seller ........(check bank account)

- did you do it - no

roti - he said - yes

- what time you go home - 2:30am on motorbike

roti - he said 5am on motorbike after I kill big 6'4 fit farang

roti - now I rich man happy happy not have to work anymore

[Trisha61]

Disturbing situation indeed, especially the lack of action being taken by my so called 'elected government' here in the UK. I really am starting to despair of them, and unfortunately, It makes me feel quite ashamed and powerless to make any change over here.

A number of people (myself included) who saw the gruesome pictures of poor David and Hannah have commented that they can never 'unsee' those images, but on reflection, I do not want to forget what I have seen. The brutal, disgusting, degradation and violence inflicted on these poor youngsters is shocking and gruesome, and the way that these politicians (on both sides) want to sweep it all under the carpet is absolutely abhorrent. My only hope is that sometime in the future, they find a conscience, and that those images haunt them night and day for the rest of their miserable lives. I want all of them to remember till the day they die - the images that they have all obviously witnessed.

In the meantime keep up the good fight doing all we can to help expose the plight of the two 'sacrificial lambs', unfortunately now all we can do is pray for the dead, but we can fight like hell for the living without any further loss of innocent lives. Find the balance and KEEP SAFE!

You know, most of those with the power to apply pressure are very unlikely to have seen the images. I doubt the site bestgore.com is part of Cameron's regular reading matter, and no media organization will dare show them. I personally (and I know I am in a minority here) believe people should be exposed to reality. If people knew what the effects of war and of impunity in committing crimes really meant, there would be fewer wars and a greater commitment to justice. The beginning of the end of the Vietnam War was the publishing of that iconic photo of the young girl splashed with napalm. If the UK and Thai public had seen those crime scene photos, there would be a lot less apathy in this case.

I agree with you. However you might be surprised how many Thais have seen the photos. They really go for that.

Of course there is also that problem also - A Ghoul Fest for some weird sickos. (

[ukrules]

Disturbing situation indeed, especially the lack of action being taken by my so called 'elected government' here in the UK. I really am starting to despair of them, and unfortunately, It makes me feel quite ashamed and powerless to make any change over here.

A number of people (myself included) who saw the gruesome pictures of poor David and Hannah have commented that they can never 'unsee' those images, but on reflection, I do not want to forget what I have seen. The brutal, disgusting, degradation and violence inflicted on these poor youngsters is shocking and gruesome, and the way that these politicians (on both sides) want to sweep it all under the carpet is absolutely abhorrent. My only hope is that sometime in the future, they find a conscience, and that those images haunt them night and day for the rest of their miserable lives. I want all of them to remember till the day they die - the images that they have all obviously witnessed.

In the meantime keep up the good fight doing all we can to help expose the plight of the two 'sacrificial lambs', unfortunately now all we can do is pray for the dead, but we can fight like hell for the living without any further loss of innocent lives. Find the balance and KEEP SAFE!

You know, most of those with the power to apply pressure are very unlikely to have seen the images. I doubt the site bestgore.com is part of Cameron's regular reading matter, and no media organization will dare show them. I personally (and I know I am in a minority here) believe people should be exposed to reality. If people knew what the effects of war and of impunity in committing crimes really meant, there would be fewer wars and a greater commitment to justice. The beginning of the end of the Vietnam War was the publishing of that iconic photo of the young girl splashed with napalm. If the UK and Thai public had seen those crime scene photos, there would be a lot less apathy in this case.

I also believe that 'reality filters' should not be 'a thing' but this is the way the world works.

Every country attempts to cover up anything which looks bad.

Thailands image will forever be tarnished by a simple google search for "Thailand Koh Tao Murder Image"

[smedly]

New Judges, eh? Maybe that's a good sign! I know, I know.... Foolish thinking.

we have already experienced people being removed from this case, I don't think this is either right or proper and speaks very loud to me, can you imagine 2/3 of a jury being replaced near the end of a trial, if I was defence council I would be calling a halt to the proceedings on the grounds of extreme .......................................extreme something because this is just more B.....S, does Thailand actually have laws - do they actually have a judicial process ? they should be ashamed of themselves - Prayuth Chan (O) Cha - something else that needs your urgent attention

[smedly]

Agree its not a good sign at all.

In addition by Thai standards this has not been a particularly long trial. I could understand switching of one or so judge if this went on for a year or more but the trial started in July. I'm disgusted by this latest event. There were reports from Andrew Drummond warning about this and they have indeed come true.

I personally would have thought that seeing as this case is so high profile and attracted so much international media attention then the last thing they would want to do is provide ammunition to Human Rights and the media citing the switching of judges not helping continuity and fairness. But no, it seems this is the last thing on their mind. I fear the worst now. Disgraceful.

Completely agree with you. It also shows no respect for Hannah, David and their families. Another smack in the face for them. It's as if no one but the defence has any shred of compassion and resolution.

Do you honestly think the prosecution or RTP have any thoughts about the feelings of the families involved in this whole sorry mess.

They must be wondering why they every allowed the foreign office to put out a statement from them saying they were happy with how the case is going.

They now know there is zero chance of any justice for their loved ones, and even worse knowing those who are supposed to be getting it for them are it fact laughing at them.

no the sick fat cowards that did this will be celebrating in bars acting out with hoes about how brave they are and waiting for the next victims - oh wait they are doing it already

[Trisha61]

New Judges, eh? Maybe that's a good sign! I know, I know.... Foolish thinking.

we have already experienced people being removed from this case, I don't think this is either right or proper and speaks very loud to me, can you imagine 2/3 of a jury being replaced near the end of a trial, if I was defence council I would be calling a halt to the proceedings on the grounds of extreme .......................................extreme something because this is just more B.....S, does Thailand actually have laws - do they actually have a judicial process ? they should be ashamed of themselves - Prayuth Chan (O) Cha - something else that needs your urgent attention

Smedly, Andy Hall Tweeted:-

I understand 1 judge rotated in annual reshuffle by 30th Sept & been replaced, another judge busy today but back 2mrw

But I agree their judicial process (as with every procedural process involved here), is a unmitigated shambles for a country who (deludedly) ,would like to pretend to the rest of the world that they are following some sort of strict protocol. Shameful is no longer a strong enough word!

[Lite Beer]

I was hit, threatened: Koh Tao accused
THE SUNDAY NATION
SURAT THANI

KOH SAMUI: -- Myanmar man says he confessed to killing after police threats

ONE of two Myanmar men accused of murdering two British tourists told a court yesterday he admitted to crimes he did not commit after being physically assaulted and threatened with being killed.

At yesterday's hearing in Koh Samui Court, Zaw Lin, the first defendant, answered questions from a defence lawyer. During the defence's three-hour hearing he said he was assaulted by police.

He told the court that after his arrest, a police interpreter told him to admit to the crime or he would be killed. He was told that if he confessed, he would be imprisoned for "only four to five years".

Due to fear, he agreed to confess, the co-defendant told the court.

He said that before re-enactment of the crime at the scene of the murders, an interpreter suggested what should be done.

Zaw Lin testified that in November last year he signed his name to a written confession because he was still afraid of getting killed. He claimed that he did not understand the words in the document.

Later, he passed a hand-written note to a trusted lawyer, who regularly visited him at Koh Samui Prison.

He wrote: "I didn't kill. I knew nothing about the murders", and signed his name.

The lawyer later submitted Zaw Lin's petition seeking fair treatment and claim that he was not the real culprit.

The man told the court that he was hit by an interpreter after answering his question about a dispute in Rakhine State between Buddhists and Muslims. Zaw Lin said he told the interpreter he knew nothing much because he had lived at Koh Tao for some time already.

The other defendant in the murder case trial is Wai Phyo, who also testified later yesterday. Both defendants are 22.

In September last year, British backpackers David Miller and Hannah Witheridge were murdered on the tourist island of Koh Tao. Witheridge was also raped. The two Myanmar workers were later arrested for the murders.

Officials from the National Human Rights Commission and the Myanmar Embassy were also present during yesterday's hearing.

Source: http://www.nationmultimedia.com/national/I-was-hit-threatened-Koh-Tao-accused-30270607.html

-- The Nation 2015-10-11

[pedro01]

Was there actually any evidence against these 2 in the trial? Apart from the fact they were on the beach that night?

[sweatalot]

Andy Hall also tweeted:-

defense lawyers told me replacement of 1 judge in this case in annual shuffle is normal practice in Thailand

See?

Too much speculation - as I said before

[BritTim]

Was there actually any evidence against these 2 in the trial? Apart from the fact they were on the beach that night?

They also drank beer, smoked, played guitar, and rode a motorcycle. Thus far, undisputed.

Disputed:

• Once upon a time, the RTP had semen samples taken from Hannah. DNA from the semen samples matched DNA from the Burmese. The semen samples are now "used up" and cannot be directly retested.
• The Burmese freely confessed to the crimes and demonstrated what they did in a reenactment. Strangely enough, the confessions and reenactments do not tally with what little physical evidence was made available to the court. The Burmese subsequently withdrew their confessions, saying they were extracted under torture and threats.

That is about it.

[IslandLover]

smedly, on 10 Oct 2015 - 23:50, said:smedly, on 10 Oct 2015 - 23:50, said:

Darkknight666, on 10 Oct 2015 - 13:18, said:Darkknight666, on 10 Oct 2015 - 13:18, said:

New Judges, eh? Maybe that's a good sign! I know, I know.... Foolish thinking.

we have already experienced people being removed from this case, I don't think this is either right or proper and speaks very loud to me, can you imagine 2/3 of a jury being replaced near the end of a trial, if I was defence council I would be calling a halt to the proceedings on the grounds of extreme .......................................extreme something because this is just more B.....S, does Thailand actually have laws - do they actually have a judicial process ? they should be ashamed of themselves - Prayuth Chan (O) Cha - something else that needs your urgent attention

According to a poster on Andy Hall's facebook, Heidi Anna, who has been in court every day during the Koh Tao hearings, there has been several changes of judges:

26 December 2014 - 3 judges

30 April 2015 - 1 judge from 26 December hearing, plus 2 new ones

8 July 2015 - "2nd chair" judge from 30 April hearing becomes lead judge, plus 2 new ones

8 July until 25 September 2015 - Same three judges

10 October 2015 - Same lead judge from 8 July hearing, plus 2 new ones in 2nd and 3rd chair.

I don't think this can be explained by an "annual reshuffle". Where is the continuity?

Furthermore, Heidi Anna also says that the 2 accused were not given anything to eat during the long hours they spent in court yesterday. The hearing started in the morning (9:00am I believe) with Zaw Lin's testimony and didn't finish until 10:30pm. Wai Phyo only started to give his testimony at 8:00pm and the trial was halted at 10:30pm due to the late hour. He will resume his testimony this morning. That's an awful long time to go without food.

Edited October 11, 2015 by IslandLover

[BritTim]

According to a poster on Andy Hall's facebook, Heidi Anna, who has been in court every day during the Koh Tao hearings, there has been several changes of judges:

26 December 2014 - 3 judges

30 April 2015 - 1 judge from 26 December hearing, plus 2 new ones

8 July 2015 - "2nd chair" judge from 30 April hearing becomes lead judge, plus 2 new ones

8 July until 25 September 2015 - Same three judges

10 October 2015 - Same lead judge from 8 July hearing, plus 2 new ones in 2nd and 3rd chair.

I don't think this can be explained by an "annual reshuffle". Where is the continuity?

This is not wonderful. However, the lead judge has been the same throughout the trial. My impression is that the other two judges are just glorified assistants and not important to the eventual verdict. The lead judge will have been the one who allowed the trial to progress without a long delay by forgoing a weekend (very unusual in the Thai court system). Call me naive but, on this count, I am not overly concerned.

[boomerangutang]

So, the judges' transcripts are written down throughout the trial? Pity they are not available to anyone else except the judges.

And transcripts (if there are any which fit the western definition of 'transcripts') are subject to men's memory. It appears the only recording device, besides gray matter, is the head judge's audio recorder, and even that little device is in question:

>>> does it exist?

>>> are the batteries fully charged?

>>> did he remember to turn it on?

>>> is it functional better than 1/3 of the time? (ratio of functioning CCTV cameras on Ko Tao)

A tough verdict ? Have you been paying any attention to the trial ?

I think that person means; 'a tough verdict' in the sense of trying to reconcile these two basic tenets:

>>> choosing between true justice, versus doing what higher-ups require. <<<