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

[berybert]

Brit Murders: Accused Says Police Abused Me

Defendant Wei Phyo claims police threatened to chop off his arms and legs, throw his body into the sea to feed the fish.

One of the men accused of murdering two British tourists on the Thai island of Koh Tao last year has accused Thai police of sexual, physical and psychological abuse.

http://news.sky.com/story/1567511/thai-beach-murder-accused-police-abused-me

From that article -

Wei Phyo admitted during his testimony to finding a phone on the beach on the night the two British holidaymakers were killed. He said he took it home but couldn't unlock it.

He told the court: "The next day we heard about the murders and we were worried it might be related to someone involved in the murders. My friend smashed up the phone and threw it into the undergrowth behind our hut."

While I consider that the B2 are innocent, this testimony doesn't ring true, IMO. I am very uncomfortable with this statement. In other words, I don't buy it. What do you guys think?

What I think of it is thus. He had been beaten for a number of hour been threatened with death and had plastic bags put over his head.

You realise this is what was said during the false confession rather than said in court?

Edited October 11, 2015 by berybert

[webfact]

British Family Intervenes In Thai Murders Trial

LONDON: -- David Miller's family take receipt of a package from the Thai Embassy in London which they claim contains vital evidence.

The family of British murder victim David Miller, who died on the Thai island of Koh Tao a year ago, have intervened in the trial to try and prove their son's phone was in the possession of one of the accused.

In a dramatic twist in the final two hours of testimony, the prosecution took receipt of a package from the Thai Embassy in London, which they said confirmed the unique IMEI number of a phone found near the lodgings of one of the accused Burmese migrant workers.

Wei Phyo, 22, has not denied finding a phone on the beach on the night of the murders.

He said he picked it out of the sand some distance from the murder scene and took it home but he could not open it as it was locked with a passcode.

"The next day we heard about the murders and we were worried it might belong to someone involved," he told the court.

"My friend smashed up the phone and threw it into the undergrowth behind our hut."

The confirmation of ownership of the broken phone adds to the considerable circumstantial evidence stacked against Wei Phyo and his friend Zaw Lin, also 22.

Full story: http://news.sky.com/story/1567511/british-family-intervenes-in-thai-murders-trial

-- sky NEWS 2015-10-12

[canuckamuck]

Why did they wait until after the defense had finished the defense? Something fishy there.

[z42]

It is pretty shocking to see what David Miller's family did yesterday.

It would be interesting to know exactly what their motivations are and exactly what they were told about the investigation and supposed evidence against the B2. Surely they can't believe the RTP's version 100%, anybody with even a smidgen of intelligence can see it makes zero sense.

The development about the phone does however shed some light on what time he supposedly went home. Surely some cctv could show his to be a lie or not. But as the trial is done i think that particular loose end will be used to finish him sadly.

A disgusting, shambolic excuse for a trial just got worse. Lord help us if we ever get in a similar situation here.

[StealthEnergiser]

There was reports of a phone stolen from tourists on the beach the night before in the same place, two women were mugged their bags camera's and an iPhone was stolen

Google

'Police all at sea in island murder probe"

It is possible the B2 found that phone and the police may have damaged Davids phone and sent it to the uk for identification.

Because in that youtube clip a few posts back Chris Ware was looking at the damaged phone and shaking his head like a definite no.

Just taking the word of the police isn't enough .

[faranghh]

Maybe the B2 men did not do these terrible things alone, but is it possible they were involved along with a higher mafia type just following orders?

[boomerangutang]

Could police have 'planted' the phone? Initially, they said the found phone belonged to Hannah, then they changed their story.

When the defendant (note: one defendant, not two) claims he found the phone on the beach, what time did that happen ....before the crime? after?

If he made that claim during torture, than it means absolutely nothing. He could admit to being The Pope under torture.

The worst the phone incident shows, is one of the defendants might be a petty thief who took something off a beach.

[aslimversgwm]

There was a time in my life Joop (twice) I would have agreed with you.

To my great shame, neither I nor my small country joined any of the small voices in protest at the evils of Apartheid in South Africa nor the imprisonment of Nelson Mandela. Like you, I did not think the small voices made any difference, History proved me wrong.

You may submit that the B2 do not have the charisma of a Nelson Mandela, that statement by itself is true.

However I watched the recent debate in the EU parliament in which I have never seen such a sustained attack on any country as speaker after speaker launched into criticism of the lack of human rights in Thailand. Most notably, the name Andy Hall came up regularly. Not only from the Brits but other European nationalities as well. Andy Hall's crusade against and subsequent persecution by Natural Fruits in Thailand has led to him to becoming a cult figure outside Thailand. A ,man with a now highly internationalised profile. His attention is now directed at getting a fair deal for the B2, he needs our support and that support may put more gas in his generous tank.

Like the designers of apartheid who tried to ignore World opinion the current leaders of Thailand cannot ignore the international concepts of justice and human rights forever. The shout is becoming too audible and we all make a difference!

I support Andy Hall in his untiring efforts against oppression and injustice.

3 very big cheers for you and my great appreciation for what Andy Hall has and is doing for these 2 innocent boys.

[terryp]

why has it taken until today? ...this has been going on for months and the phone company would have been made very aware of the urgency?..or has the RTE in london been holding onto the phone until today for some nasty reason

IT STINKS ...just like many things about this case

[user82374298374]

We will never know what happened.

Welcome to Asia!

[StealthEnergiser]

Man accused of killing two British backpackers claims he was sexually tortured and told to confess

THAI police insist that Wei Phyo is a double murderer and that he admitted to killing two British backpackers. But the 22-year-old Burmese migrant alleges he was tortured, both “sexually and violently”, to confess.

Phyo made the startling admission during a judge-alone trial that is trying to determine whether he killed UK tourists Hannah Witheridge, 23, and David Jersey, 24, on the island of Kah Tao in September last year.

“Police told me that as I had no passport I had no rights, and they told me it had happened before, where Burmese migrant workers were burned in a circle of blazing tyres on Koh Tao island,” Phyo said in court, according to the Eastern Daily Press.

http://www.news.com.au/world/man-accused-of-killing-two-british-backpackers-claims-he-was-sexually-tortured-and-told-to-confess/story-fndir2ev-1227565806120

[StealthEnergiser]

Defendants on trial over British tourists' murder 'are victims of torture'

Burmese migrants alleged to have killed Hannah Witheridge and David Miller say police threatened and assaulted them

Two Burmese migrants on trial for the murder of two British tourists in Thailandhave told the court this weekend of how they were tortured to make fake confessions.

Britons Hannah Witheridge, 23, from Norfolk, and David Miller, 24, from Jersey, were found bludgeoned to death on Sairee beach on Koh Tao island in September last year. The judge in the trial has announced that a verdict will be read on 24 December

http://www.theguardian.com/world/2015/oct/11/defendants-in-trial-over-british-tourists-are-victims-of-torture?CMP=share_btn_tw

[IslandLover]

boomerangutang, on 12 Oct 2015 - 03:06, said:boomerangutang, on 12 Oct 2015 - 03:06, said:

Could police have 'planted' the phone? Initially, they said the found phone belonged to Hannah, then they changed their story.

When the defendant (note: one defendant, not two) claims he found the phone on the beach, what time did that happen ....before the crime? after?

If he made that claim during torture, than it means absolutely nothing. He could admit to being The Pope under torture.

The worst the phone incident shows, is one of the defendants might be a petty thief who took something off a beach.

You need to read Andy Hall's facebook post which was reposted by StealthEnergiser a short while ago. Wai Phyo testified that he found the phone at around 4:00am on 15 September while he was out looking for his guitar and clothes.

While this doesn't look good for Wai Phyo, it is still only circumstantial evidence linking him to the murders. It doesn't in itself prove that he and Zaw Lin murdered Hannah Witheridge and David Miller. We should also consider the possibility that he is telling the truth when he says he came across the phone by accident.

I wonder what happened to the sunglasses he is also charged with stealing?

Edited October 12, 2015 by IslandLover

[scorecard]

Could police have 'planted' the phone? Initially, they said the found phone belonged to Hannah, then they changed their story.

When the defendant (note: one defendant, not two) claims he found the phone on the beach, what time did that happen ....before the crime? after?

If he made that claim during torture, than it means absolutely nothing. He could admit to being The Pope under torture.

The worst the phone incident shows, is one of the defendants might be a petty thief who took something off a beach.

"The worst the phone incident shows, is one of the defendants might be a petty thief who took something off a beach."

Well said 3 times. And let's be fair, in this country 99% of the population have no hesitation to keep things they find, like mobile phones. If the phone was just lying on the beach and he did take it, he was repeating 'normal' behaviors for such situations. Doesn't make theft OK, but 'normal' behavior.

[TomJoad]

Did I understand correctly that one of the defendants admits to finding the phone at 4 a.m.? And he still admits to it? To be honest, I haven't been following the case that closely lately. But if that's true, and he's truly innocent, then that's pretty bad luck on his part, isn't it?

[StealthEnergiser]

Follow

Andy Hall‏@Atomicalandy

After sitting in 21 days of witness testimony, reading 1000s of pages of evidence/documents, lots of inconsistencies/suspicions to highlight

Follow

Andy Hall‏@Atomicalandy

Retweet: late last night Koh Samui court announced Koh Tao murder trial verdict will be read in full on Thursday 24th DECEMBER 2015.

Follow

Andy Hall‏@Atomicalandy

Retweet: defense team will be working very hard in coming 15 days allowed to compile comprehensive closing statement by 26th Oct deadline

[notmyself]

That the case was not thrown out months ago suggests that the chances of justice being served is slim. Many people in the west do not know the difference between [guilty - not guilty] and [guilty - innocent] and it is much much worse here in Thailand.

[StealthEnergiser]

Follow

Andy Hall‏@Atomicalandy

Seems to me personally to reiterate again @pakhead that only significant evidence directing linking accused to murders is police DNA results

Follow

Andy Hall‏@Atomicalandy

So trial seems to me to come down to court's position on reliability of police DNA evidence and reliability torture allegations/confessions

Follow

Andy Hall‏@Atomicalandy

For accused to be found guilty, court has to believe 'beyond reasonable doubt' accused committed some of many crimes they are charged of.

Edited October 12, 2015 by StealthEnergiser

[gandalf12]

The phone found near where these guys were living is hardly proof they had it or are the guilty ones

[smedly]

so we now know that Wei Phyo found a phone at 4am in the morning while out looking for clothes and his guitar

we also know that a phone was smashed and disposed of behind their residence

the above admitted by himself in court

also his clothes were indeed missing - who would take their clothes ??? which from pictures of the beach area if they did go for a swim they were never more than 10m from where they were sitting, didn't the guitar end up in AC bar ? how did it get there

something just doesn't sit right with all this

what smashed phone did the police have in the video (I assume before B2 were arrested) - the one they were showing to Friends of the victims during interview, was it this phone that was sent to Davids family ?

there is some serious confusion about this phone issue

how many phones were there

[Nicolas32]

British Family Intervenes In Thai Murders Trial

LONDON: -- David Miller's family take receipt of a package from the Thai Embassy in London which they claim contains vital evidence.

The family of British murder victim David Miller, who died on the Thai island of Koh Tao a year ago, have intervened in the trial to try and prove their son's phone was in the possession of one of the accused.

In a dramatic twist in the final two hours of testimony, the prosecution took receipt of a package from the Thai Embassy in London, which they said confirmed the unique IMEI number of a phone found near the lodgings of one of the accused Burmese migrant workers.

Wei Phyo, 22, has not denied finding a phone on the beach on the night of the murders.

He said he picked it out of the sand some distance from the murder scene and took it home but he could not open it as it was locked with a passcode.

"The next day we heard about the murders and we were worried it might belong to someone involved," he told the court.

"My friend smashed up the phone and threw it into the undergrowth behind our hut."

The confirmation of ownership of the broken phone adds to the considerable circumstantial evidence stacked against Wei Phyo and his friend Zaw Lin, also 22.

Full story: http://news.sky.com/story/1567511/british-family-intervenes-in-thai-murders-trial

-- sky NEWS 2015-10-12

There was reports of a phone stolen from tourists on the beach the night before in the same place, two women were mugged their bags camera's and an iPhone was stolen

Google

'Police all at sea in island murder probe"

It is possible the B2 found that phone and the police may have damaged Davids phone and sent it to the uk for identification.

Because in that youtube clip a few posts back Chris Ware was looking at the damaged phone and shaking his head like a definite no.

Just taking the word of the police isn't enough .

isn't even hard to do this and just change the screen..

YouTube iPhone 5 Repair Teardown around 13 mins ?

[scorecard]

British Family Intervenes In Thai Murders Trial

LONDON: -- David Miller's family take receipt of a package from the Thai Embassy in London which they claim contains vital evidence.

The family of British murder victim David Miller, who died on the Thai island of Koh Tao a year ago, have intervened in the trial to try and prove their son's phone was in the possession of one of the accused.

In a dramatic twist in the final two hours of testimony, the prosecution took receipt of a package from the Thai Embassy in London, which they said confirmed the unique IMEI number of a phone found near the lodgings of one of the accused Burmese migrant workers.

Wei Phyo, 22, has not denied finding a phone on the beach on the night of the murders.

He said he picked it out of the sand some distance from the murder scene and took it home but he could not open it as it was locked with a passcode.

"The next day we heard about the murders and we were worried it might belong to someone involved," he told the court.

"My friend smashed up the phone and threw it into the undergrowth behind our hut."

The confirmation of ownership of the broken phone adds to the considerable circumstantial evidence stacked against Wei Phyo and his friend Zaw Lin, also 22.

Full story: http://news.sky.com/story/1567511/british-family-intervenes-in-thai-murders-trial

-- sky NEWS 2015-10-12

"LONDON: -- David Miller's family take receipt of a package from the Thai Embassy in London which they claim contains vital evidence."

The Thai embassy gets the phone.

- From where?

- If it's 'important' evidence, why was the Thai embassy in London in possession of the phone?

- What's the chain of events leading to the phone being in the hands of the Thai embassy in London?

- Should the Thai embassy in London be involved in any way with case evidence?

- Why wasn't it in the hands of the RTP prosecutors in Thailand all the time?

- Why did the Thai embassy (somehow / suddenly in possession of the phone, whilst the trial is still in progress) send it to the family? Why not send it to the RTP prosecutors in Thailand?

"The family of British murder victim David Miller, who died on the Thai island of Koh Tao a year ago, have intervened in the trial to try and prove their son's phone was in the possession of one of the accused."

- Why is the family so convinced that the phone is absolute proof that the 2 Burmese boys murdered David / Hannah?

"In a dramatic twist in the final two hours of testimony, the prosecution took receipt of a package from the Thai Embassy in London, which they said confirmed the unique IMEI number of a phone found near the lodgings of one of the accused Burmese migrant workers.

- Now the story changes quite a lot, the Thai embassy sent the phone to the RTP prosecutors, not to the victims' family.

Same questions again:

- How come the phone was at the Thai embassy in London?

- How come it wasn't in the possession of the RTP prosecutors all the time.

etc...

Bottom line, as already said by other posters, this is not proof of murder.

Perhaps it is proof of petty theft, in a country where 99% of the population has no hesitation to keep mobile phones that they find.

Edited October 12, 2015 by scorecard

[StealthEnergiser]

Follow

Andy Hall‏@Atomicalandy

Issue cigarette butts (DNA results never brought to court), mobile phone, Cctv footage and accused presence near crime scene all tangental

Follow

Andy Hall‏@Atomicalandy

There were no witnesses brought to court who claimed to see the two accused involved in committing the crimes they were charged of.

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Andy Hall‏@Atomicalandy

There were significant pieces of case evidence not brought before Samui court for judges consideration despite defense team requests

Edited October 12, 2015 by StealthEnergiser

[StealthEnergiser]

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Andy Hall‏@Atomicalandy

Evidence not presented by police included: crime scene/postmortem/DNA analysis photos, chain of custody docs, DNA analysis case notes.

Follow

Andy Hall‏@Atomicalandy

Important key tests were not apparently conducted by police (or inconclusive result) incl. female deceased clothes, finger/footprints, hoe

Edited October 12, 2015 by StealthEnergiser

[StealthEnergiser]

https://twitter.com/Atomicalandy/status/653393270991556609

[StealthEnergiser]

Follow

Andy Hall‏@Atomicalandy

My brief personal summary of Koh Tao murder trial key issues as trial ends and closing statements assembled is here https://m.facebook.com/story.php?story_fbid=10153261210105677&id=675065676 …

[kiwikeith]

The phone probably was an apple, and how did the british phone provider get hold of it to analyse it, where was the sim card, or where is the sim. ???

Why was the accused out looking for his guitar in the early hours of the morning???

Maybe the b2 saw something and left in a hurry only explanation I can think of.

Surely the victims parents can see through this farce if not they either have some info from British police that is strong or they are to grief stricken to see sense.

[bristolgeoff]

will they find who ever done it,if the dna is not right.million dollar or baht question

[bristolgeoff]

dna corrupt the million baht question is who did it

[madmitch]

Why wait until the very end of the trial before handing over the phone complete with revelation of the ownership? So the defence doesn't have the opportunity to respond? Is this admissible evidence anyway? And why would the Thai Embassy open on a Sunday?