Forensic team to testify in Koh Tao murder trial

[webfact]

SURAT THANI
Forensic team to testify in Koh Tao trial
CHULARAT SAENGPASSA
THE NATION



Aust expert among defence witnesses

KOH SAMUI: -- Officials from the Central Institute of Forensic Science (CIFS) will testify today in the defence of two Myanmar suspects who stand accused of murdering two British tourists in Koh Tao.

Khunying Porntip Rojanasunan, director general of the CIFS, said yesterday three CIFS members would testify because they took part in the process of DNA testing and physical examination of the defendants.

"Two of them are doctors and the other is a lab technician," she said.

The CIFS team found that the DNA on the hoe - believed to have been the murder weapon - does not belong to the two Myanmar nationals who are standing trial.

The chief judge had allowed Porntip to retest the hoe at the request of defence lawyers, who are working pro-bono on behalf of the 22-year-old bar workers, Zaw Lin and Wai Phyo.

The Koh Samui Provincial Court is looking into the high-profile case after public prosecutors arraigned the two Myanmar migrant workers for the murders.

The murders took place in September last year on Koh Tao, Surat Thani province.

Following weeks of investigations and DNA tests, police arrested and charged the two Myanmar suspects.

Despite initially confessing to |the murders, the two defendents now insist they are innocent and that they had been forced into confessing.

Nakhon Chomphuchat, a lawyer for the defendants, yesterday revealed that a DNA-collection expert from Australia would testify in court tomorrow.

Thai police and public prosecutors have used DNA test results as incriminating evidence against the two Myanmar workers, saying that the DNA found on the female victim's body matched those of the two defendants.

"But we also have to focus on whether the DNA collection is in line with international standards, to begin with," Nakhon said.

On Thursday, members of the National Human Rights Commission and the Lawyers Council of Thailand will testify in court about the human-rights issues surrounding the treatment of the defendants, he said.

"On Friday, we will also have testimony from three witnesses from the Myanmar Embassy," Nakhon said.

He said one of the embassy officials would be an interpreter so as to make clear how the communication barrier and the prejudices of an interpreter could affect the investigation.

Police are accused of using an interpreter from an ethnic group that was unfriendly towards the group to which the two defendants belong.

A highly-placed source yesterday said that although the court would finish listening to witnesses this week, the court would likely take a long time before concluding this case.

"The court will need time to examine further evidence," it said.

Source: http://www.nationmultimedia.com/national/Forensic-team-to-testify-in-Koh-Tao-trial-30269277.html


-- The Nation 2015-09-22

[canuckamuck]

May justice prevail.

[StealthEnergiser]

In this clip at 1.37 there is a hoe with no broken blade have the RTP switched the murder weapon at some stage or is it just there for reference.

[StealthEnergiser]

the original hoe below (notice the broken corner ) and hoe in the news clip above.

[thailandchilli]

Looks like some switching has been going on

[BritTim]

"The court will need time to examine further evidence," it said.

A real fear I have is that, once the prosecution know what the defense have testified, they will prepare more evidence to provide to the judges that the defense will have no opportunity to challenge. Possibly, the defense will not even know what the evidence is. In a Western court this would, of course, not be allowed, but I think in Thailand they can do this.

[fireplay]

Looks like some switching has been going on

The old switcheroo...but what hoe was tested for dna? Did the defence have access to the original or this mock job. I am a bit confused.

[phuketandsee]

Hold onto your hats - here we go again!

[Toscano]

As I read there is a feeling that the accused in this trial may not be the real culprits , despite DNA showing their semen inside the girl's body .

However , one should not overlook that in this case Thailand is on trial and not just its Justice system .

[MockingJay]

And the travesty continues...

[AleG]

hoehoe1.jpg

the original hoe below (notice the broken corner ) and hoe in the news clip above.

Leave the detective work to capable people; that is a leave in front of the blade, it's not a hole on the blade.

[doctor pat]

the Thai authority probably think they need to get a conviction just so they can appease tourists and make it look like they are doing something to protect tourists

but i would have more respect for Thailand and feel safer there if these guys get a fair trial and Not Guilty. There does seem to be enough "reasonable doubt" whether they did it, for sure

others must feel the same way. having a competent police and a just court would raise the country in many peoples eyes

we'll have to wait and see

[Muirton]

It's been only a year since the murders. Let's not rush to judgment.

[Dogmatix]

The judge has banned note taking, since he presumably has his reasons for not wanting the trial to be reported in s transparent manner. But I wonder if recording devices and phoned are also banned.

[Darkknight666]

An Aussie DNA expert, Eh. Good, let's hear from a competent individual along with Dr. Pornthip and the others.

Certainly does seem to be two different hoe's.

[thailandchilli]

hoehoe1.jpg

the original hoe below (notice the broken corner ) and hoe in the news clip above.

Leave the detective work to capable people; that is a leave in front of the blade, it's not a hole on the blade.

What was that you said....................yes leave it to capable people shall we

[StealthEnergiser]

certain people are unable to see the broken blade

[BritTim]

The judge has banned note taking, since he presumably has his reasons for not wanting the trial to be reported in s transparent manner. But I wonder if recording devices and phoned are also banned.

Even more so than note taking. When a verdict is eventually announced, the judges want no other record of the proceedings other than what they claim took place. It will not be legal in Thailand to point out discrepancies. They do not want to be in the position of a prosecuting someone for contempt of court for playing a recording.

[X pat]

​It is a shame that they wont give up and admit they are wrong,and end this travesty of justest.

[StealthEnergiser]

For a certain person who is trying to deflect again.

"A rusty hoe, its blade broken and caked in gore, lay nearby."

http://www.washingtonpost.com/news/morning-mix/wp/2015/09/15/rape-murder-and-a-deepening-mystery-on-a-tiny-tropical-island/

[stephenterry]

"The court will need time to examine further evidence," it said.

A real fear I have is that, once the prosecution know what the defense have testified, they will prepare more evidence to provide to the judges that the defense will have no opportunity to challenge. Possibly, the defense will not even know what the evidence is. In a Western court this would, of course, not be allowed, but I think in Thailand they can do this.

Exactly my thoughts. Despicable, if true.

What I find sad is, despite the prosecution's abysmal efforts to-date in providing ANY substantiated evidence, they're (possibly) still throwing everything into gaining a conviction. Maybe they don't care that the two accused are human beings, not sacrificial goats. I just hope the judges are honest.

[BritTim]

An Aussie DNA expert, Eh. Good, let's hear from a competent individual along with Dr. Pornthip and the others.

Certainly does seem to be two different hoe's.

Maybe, this also explains the confusion about whether the hoe was washed, and whether it contained DNA from the Burmese kids. The one used in the murder was washed and had no DNA. The Burmese kids cleverly sneaked into the police station and substituted the other hoe with planted DNA to cover up their crime.

[phuketandsee]

certain people are unable to see the broken blade

hoe6.jpg

As my dear old mum used to say "There are none so blind as those that will not see"

That applies to most of Aleg's, and the other shills', comments

[phuketandsee]

There was no mention last time of Dr Porntip having tested the "gore" for DNA. I wonder if her colleagues will this time.

[AleG]

certain people are unable to see the broken blade

hoe6.jpg

Then I stand corrected. Obviously the hoe in the press conference is a different one, since it also doesn't have blood on it and there's zero evidence that the original was switched with that one as part of the evidence of the case; suggesting so is nothing but an attempt to muddle the waters some more.

[stephenterry]

An Aussie DNA expert, Eh. Good, let's hear from a competent individual along with Dr. Pornthip and the others.

Certainly does seem to be two different hoe's.

From reading AH report, the Aussie DNA expert will challenge the unscientific collection and storage of initial DNA by other than forensic pathologists, owing to possible contamination of samples. If it is factual that the samples were held in the headman's fridge without being secured, the chain of custody is also suspect.

Should the defence show reasonable doubt that reliance can be placed on any DNA evidence, and the judges accept that, the case has no basis for conviction. But there again, this is Thailand.

[FangFerang]

As another said "And the travesty continues" and, worse, as another said "Thailand is on trial here, not just it's legal system."

[Dogmatix]

"The court will need time to examine further evidence," it said.

A real fear I have is that, once the prosecution know what the defense have testified, they will prepare more evidence to provide to the judges that the defense will have no opportunity to challenge. Possibly, the defense will not even know what the evidence is. In a Western court this would, of course, not be allowed, but I think in Thailand they can do this.

That would certainly be consistent with Thailand's 'justice' system. I have no idea about European civil law juryless systems but in Anglo Saxon common law courts all evidence must be presented and explained in layman' stems to the jury in a murder trial. For the sake of transparency and in the public interest this invariably means that all evidence is presented in open court. In this trial the judges are free to preruse the Norwich autopsy report in private and interpret it how they like or ignore it completely. The non-note taking public will be none the wiser as they are not allowed to know what was in the report.

Note taking is permitted in common law courts and every word is recorded and transcribed by court officials. In a Thai court the judge, himself, makes s verbal note into a voice recorder of what he personally considers to be the salient points of the day's proceedings and that is the only official record. Judges taking over a case In midstream often have a hard job figuring out what has gone before.

[dieseldave1951]

certain people are unable to see the broken blade

hoe6.jpg

yes those who are to blind to see through this farse

[sweatalot]

"The court will need time to examine further evidence,"

further evidence? Do they mean "evidence" that has not been openly presented during the trial?

Sounds like they plan to fabricate some "evidence" after the trial

that they will pull out of the hat when the defense has no chance to look into it

If this happens it should be all over the world showing thee true ugly face of thailand's police and justice