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Koh Tao Murders: Defense Asks Court to Drop Charges


Jonathan Fairfield

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Are the bookies taking bets on this and what are the odds. I would imagine about 100-1 they are found guilty.

We'll see , I believe they will be acquitted based on the lack of evidence.

Acquitting them would be admitting the police bungled the job. It would also be a near admission of Nasty Nomsods guilt. Since his family is well above the law, that is not a permitted option.

Whatever the verdict (and I look forward to reading on what basis the judges reached their conclusions) it is likely that it will be appealed. Why? Because the defence has submitted a closing statement that also highlights the prosecution's legal mistakes made in presenting their case. That is prima facie evidence that an appeal is likely.

Here's my take on it.

1. Guilty on all charges,

2. Shocks/horror/disgust all round.

3. Defence submits appeal.

4. Appeals court accept case.

5. Overturns verdict.

6. Prosecution contests new ruling and submits to Supreme court.

7. Supreme court upholds original verdict (as has been the actuality in several previous cases).

8. The execution sentences are reduced to life imprisonment without parole.

Time frame - several years. In which time several more unusual deaths have occurred on Koh Tao.

I hope I am totally wrong on all counts.

It certainly appears there is a serial killer on the loose on Dark Tao. And it appears his family is above the law. So, why wouldn't there be more murders there in the future? Unless his father has the good sense to admonish him, and tell him to commit his murders elsewhere.

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Who is doing anything to try and find the murderers?

RTP? No. They refuse to even consider or mention the most likely culprits.

Prosecution? No. They can only do what RTP tell them to do.

Headman and his friends/family on the island? No.

Defense? No. Their job is to defend the defendants.

Court? No. Their job is only to listen to prosecution and defense arguments.

British experts? No. They haven't released findings on David's autopsy and haven't interviewed Sean, as far as we know.

Who is left to try and find the criminals? Only us concerned folks on social media, and much of what we're sifting through are lies and skewed data. It's sad when citizens can't rely upon the people who are paid to protect them - to do their jobs.

Take a look at my earlier post; #150

Whatever the outcome, I wonder if the Department of Special Investigations (which incidentally is a department within the Ministry of Justice, the place where Khunying Pornthip Rojanasunand is employed and does have some evidence) will reinvestigate the case. What an interesting scenario that would be.

Take a look at the link to who the DSI are;

https://en.wikipedia...l_Investigation

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Who is doing anything to try and find the murderers?

RTP? No. They refuse to even consider or mention the most likely culprits.

Prosecution? No. They can only do what RTP tell them to do.

Headman and his friends/family on the island? No.

Defense? No. Their job is to defend the defendants.

Court? No. Their job is only to listen to prosecution and defense arguments.

British experts? No. They haven't released findings on David's autopsy and haven't interviewed Sean, as far as we know.

Who is left to try and find the criminals? Only us concerned folks on social media, and much of what we're sifting through are lies and skewed data. It's sad when citizens can't rely upon the people who are paid to protect them - to do their jobs.

Take a look at my earlier post; #150 Whatever the outcome, I wonder if the Department of Special Investigations (which incidentally is a department within the Ministry of Justice, the place where Khunying Pornthip Rojanasunand is employed and does have some evidence) will reinvestigate the case. What an interesting scenario that would be.

Take a look at the link to who the DSI are; https://en.wikipedia...l_Investigation

Interesting supposition but highly unlikely. They all work for the same bosses. A new investigation under Ms Pontip would do a better job than than RTP (who wouldn't?) but one big problem is the same problem which took place at the trial: RTP would simply not supply key evidence ('lost' or 'used up'). What'ya gonna do, take an army platoon into the police station and demand they hand over crucial evidence? Ain't gonna happen.

The victims' families are allowed, by law, to instigate an investigation and are also allowed to use outside/foreign investigators. Yet, for similar reason, that too ain't gonna happen.

Resolved: the general public (Thai and non-Thai) don't have law-enforcement they can rely on. Trust factor = -10. Confidence in Thai officials to do an honest job = -8.5

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David's from Jersey. Did you know him? Either way, it's ok to be passionate about this case. The posters herein are passionate also. With few exceptions, we want justice<deleted> We want justice not just for David and Hannah and their parents, but also for the B2 and their parents. The B2 who, in myriad ways, are shown to be scapegoats.

There are other victims also: those who may get murdered and/or raped in the future. Ko Tao has a sordid reputation of rapes and murders of young farang. We're doing what we can to shut them down. Perhaps none of these thousands of posts will have a modicum of effect, but at the least, we're expressing our concern.

I think the online posts have had an effect, if for no other reason: the largest and main news outlets in the world are taking notice, which translates to millions of people observing this case. Thai officials had no idea that there would be so much notice. We may not compel Thai officials to look for the real killers, but I think we'll compel RTP to do a more professional job of crime investigation<deleted> in the future. Maybe I'm too much a dreamer, like John Lennon.

"Thai officials had no idea that there would be so much notice"

Yes, and that is hopefully the one good thing that may come out of this case. As another poster has mentioned, the very fact that the RTP think that the accused are guilty has in the past been sufficient "proof" for a guilty verdict to be passed. However, now maybe they will realise that in the future, they will have to produce EVIDENCE to support their case, and PROPER evidence that can stand up to scrutiny. (The farcical reenactment with the hoe, for instance, when there was none of the B2's DNA on it!)

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Take a look at the link to who the DSI are;

https://en.wikipedia...l_Investigation

Interesting, however to date, it appears DSI has only been charged to look at two cases. It looks as though in both cases their findings came up inconclusive, even though people following those two cases have strong ideas that screwy things happened by RTP.

In sum, DSI is batting 0 for 2. No one should be surprised. It would be like the Army investigating the military Police. They're all cut from the same cloth. They're not going to formally find their buddies guilty of anything serious, are they? If DSI were given the Ko Tao case, I'd be cynical that any serious wrongdoing (by RTP) would be uncovered. By the same token, did Ms Pontip investigate whether there was any semen in Hannah. And if so, whose was it? All indications (since RTP claims) are: there was no semen found in Hannah. Similarly, one of the police chief investigators claimed, in court, that he didn't know whether Nomsod's DNA was ever really typed, or compared to the DNA supposedly found in Hannah. Either way, he was sure RTP didn't have NS's DNA and didn't have the typing card. If anyone (AleG, or ....?) finds proof of RTP claiming anything truthful about the DNA trail, please share it with us.

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show me and I will believe, where is it ?

That's a lot of talk about evidence that you, and others, insist doesn't exist.

you keep claiming like the police that there is DNA evidence, show it to me, impossible for such a plentiful sample to have been exhausted, where is it ????????????

"show me and I will believe, where is it ?"

Yes, sure, let me get them out of my fridge... rolleyes.gif

BANGKOK, 10 July 2015 (NNT) – The Royal Thai Police chief has clarified that the DNA samples in the Koh Tao murder case had been stored at the Institute of Forensic Medicine, quelling allegations that the evidence was lost during investigation.

The Royal Thai Police Commissioner-General Pol Gen Somyot Pumpunmuang, addressed a misunderstanding about the DNA samples in the Koh Tao murder case, giving an assurance that the evidence was not lost.

He cited the Provincial Police Region 8 Commissioner, stating that all collected DNA samples from the date of the incident had been sent to the Institute of Forensic Medicine by investigators, before being examined by the Central Scientific Crime Detection Division.

The examination results of the DNA samples have been used to compile forensic evidence for the case's court proceedings.

Regarding the investigator’s statement to the court claiming that the samples had not been stored, the Police Chief explained that it is not the investigator's task to store the evidence, as only the examination results were required during the court procession. Lawyers can request access to the examination results directly through the court. Once the court accepts the request, a command will be issued to the police to forward the examination results to the lawyer.

So go to the Forensic Institute of Medicine and see if they have time, inclination or legal basis to entertain your demands.

Incidentally, the last paragraph "Lawyers can request access to the examination results directly through the court. Once the court accepts the request, a command will be issued to the police to forward the examination results to the lawyer."

The defense didn't request the court order to get that documentation, yet they are very vocal on not getting it.

Personally I take with a large pinch of salt any statements made by the police now matter how senior they are in this case, time and time again they've been proven to be either wrong or deliberately misleading.

An example being your reference link above of the statement made by Provincial Police Region 8 Commissioner stating that all collected DNA samples from the date of the incident had been sent to the institute of Forensic Medicine. This statement was made on the 10th July

That may be true? We have a problem however, where did they put the cigarette butts? (statement by Dr Pornthip made 14th Sept)

There were previous reports that DNA found on the butt of a cigarette shared by the two suspects matched that found on the female victim’s body. Were you able to consider that evidence?
"No. Because the police said that all that evidence was destroyed already. The police said there was no evidence left to send to our institute."
I wonder if this same institute still has possession of the blonde hair that was tested early on in the case and found not to belong to the victims, Chris Ware or the current suspects. They may even know the whereabouts of Hannahs clothing and underwear.
Unlike you I do not believe everything the RTP states in this case, particularly since we now found out they deliberately mislead the UK police when they were here.

And by misleading the UK police, they also mislead the victims' families, whose statements a certain poster is often referring to as being indicative of the families being convinced of the B2's guilt!

(I'm not sure of the exact words, but the "certain poster" probably knows them off by heart. Something like "from what we have seen, it appears that the B2 have a difficult case to answer" (Bearing in mind that the UK police were only shown what the RTP wanted them to see. Sorry, I'm going over old ground here, but as a new poster, you may not have seen the previous threads on this issue.

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Extremely interesting to read Mr. Hall's Facebook page, there's a link to it in one of the posts here.

If I wasn't convinced of the B2 innocence before, I am now.

A lot more info than the speculations that I read in TV, a lot more, things I have never read or seen before.

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There's an update re; the untimely death of Christene Annesley. You may recall, she's the young British gal who was found dead in Mon's guest house, months after the Sept crime. Her parents went and found the last person who had spoken with Christene on KT. The parents asked British authorities to assist, but they didn't. Now it appears the parents are arranging for a private investigation, to find out whether she was murdered. We also hear she was the same age and went to the same UK college as David. An ordinarily healthy 23 yr old gal doesn't just expire and die all of a sudden. Is it possible she was inquiring about the murders of David and Hannah? If so, it's quite possible the same person who participated in the murder of (or the cover-up of the crime against) D & H would not hesitate to kill someone who was asking annoying questions. She had just graduated with a major in journalism. Journalists ask questions. Killers-on-the-run don't like probing questions - particularly by journalists.

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Got any links Boomerangutang? Would like to take a look.

It's on the Daily Mail, and if you read the article you would see that, once again, Boomerangutang has no qualms whatsoever to make things up; nowhere in that article is it even suggested that their parents are trying to find out if she was murdered or even that they suspect any foul play, in fact they quote the mother as saying that she died of natural causes.

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Mooner, on 29 Oct 2015 - 16:29, said:

Got any links Boomerangutang? Would like to take a look.

This has to do with the opening of the U.K. inquest into Christina Annesley's death on Koh Tao in January of this year. It was opened yesterday at the South London Coroner's Court.

In brief, her parents are not satisfied with the explanation given by the Thai authorities as to what caused her death and are conducting their own investigation. Neither the Thai, nor the British authorities will help them. The parents have traced the last person (a Swedish tourist) to see Christina alive and have spoken to him. The inquest has consequently been adjourned until that investigation is complete.

The report was in yesterday's Daily Mail newspaper, which I can't link to here as their website is blocked in Thailand.

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Got any links Boomerangutang? Would like to take a look.

It's on the Daily Mail, and if you read the article you would see that, once again, Boomerangutang has no qualms whatsoever to make things up; nowhere in that article is it even suggested that their parents are trying to find out if she was murdered or even that they suspect any foul play, in fact they quote the mother as saying that she died of natural causes.

Actually not hard to Google the latest on the case and, as usual, you are lying to protect your friends on Koh Tao. What a shocker.

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http://www.dailymail.co.uk/news/article-3293703/Parents-backpacker-died-track-man-alive.html

Got any links Boomerangutang? Would like to take a look.

It's on the Daily Mail, and if you read the article you would see that, once again, Boomerangutang has no qualms whatsoever to make things up; nowhere in that article is it even suggested that their parents are trying to find out if she was murdered or even that they suspect any foul play, in fact they quote the mother as saying that she died of natural causes.

from that article Today her devastated parents told an inquest at Croydon Coroner's Court that they had been left to carry out their own investigations after authorities on the island failed to look into leads.

http://www.dailymail.co.uk/news/article-3293703/Parents-backpacker-died-track-man-alive.html

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http://www.dailymail.co.uk/news/article-3293703/Parents-backpacker-died-track-man-alive.html

Got any links Boomerangutang? Would like to take a look.

It's on the Daily Mail, and if you read the article you would see that, once again, Boomerangutang has no qualms whatsoever to make things up; nowhere in that article is it even suggested that their parents are trying to find out if she was murdered or even that they suspect any foul play, in fact they quote the mother as saying that she died of natural causes.

from that article Today her devastated parents told an inquest at Croydon Coroner's Court that they had been left to carry out their own investigations after authorities on the island failed to look into leads.

http://www.dailymail.co.uk/news/article-3293703/Parents-backpacker-died-track-man-alive.html

There are a lot of worrying connections here, not least being that Christina's autopsy was carried out by the same team that did Hannah's and Davids, we all know about the UK discrediting that one.

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StealthEnergiser, on 29 Oct 2015 - 21:53, said:StealthEnergiser, on 29 Oct 2015 - 21:53, said:

http://www.dailymail.co.uk/news/article-3293703/Parents-backpacker-died-track-man-alive.html

AleG, on 29 Oct 2015 - 17:05, said:AleG, on 29 Oct 2015 - 17:05, said:
Mooner, on 29 Oct 2015 - 16:29, said:Mooner, on 29 Oct 2015 - 16:29, said:

Got any links Boomerangutang? Would like to take a look.

It's on the Daily Mail, and if you read the article you would see that, once again, Boomerangutang has no qualms whatsoever to make things up; nowhere in that article is it even suggested that their parents are trying to find out if she was murdered or even that they suspect any foul play, in fact they quote the mother as saying that she died of natural causes.

from that article Today her devastated parents told an inquest at Croydon Coroner's Court that they had been left to carry out their own investigations after authorities on the island failed to look into leads.

http://www.dailymail.co.uk/news/article-3293703/Parents-backpacker-died-track-man-alive.html

Yes, that's the pertinent sentence from the article. Her mother did indeed say Christina had died from "natural causes" back in January but now her parents aren't so sure, and neither is the coroner. You need to read the article to get the full story.

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HUH, on 30 Oct 2015 - 00:40, said:HUH, on 30 Oct 2015 - 00:40, said:
StealthEnergiser, on 29 Oct 2015 - 21:53, said:StealthEnergiser, on 29 Oct 2015 - 21:53, said:

http://www.dailymail.co.uk/news/article-3293703/Parents-backpacker-died-track-man-alive.html

AleG, on 29 Oct 2015 - 17:05, said:AleG, on 29 Oct 2015 - 17:05, said:
Mooner, on 29 Oct 2015 - 16:29, said:Mooner, on 29 Oct 2015 - 16:29, said:

Got any links Boomerangutang? Would like to take a look.

It's on the Daily Mail, and if you read the article you would see that, once again, Boomerangutang has no qualms whatsoever to make things up; nowhere in that article is it even suggested that their parents are trying to find out if she was murdered or even that they suspect any foul play, in fact they quote the mother as saying that she died of natural causes.

from that article Today her devastated parents told an inquest at Croydon Coroner's Court that they had been left to carry out their own investigations after authorities on the island failed to look into leads.

http://www.dailymail.co.uk/news/article-3293703/Parents-backpacker-died-track-man-alive.html

There are a lot of worrying connections here, not least being that Christina's autopsy was carried out by the same team that did Hannah's and Davids, we all know about the UK discrediting that one.

The coroner is certainly concerned about something to do with the autopsies (a second one was carried out in the U.K.) and has questioned the effects of the prescription drugs Christina is alleged to have taken before she died. The inquest, when it reopens, is going to be very interesting indeed.

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JANUARY 13, 20153:52PM

Mafia island’: From paradise to bloodshed

WITH its spectacular turquoise water, lush jungles and laid-back vibe, the tiny island of Koh Tao seems like paradise.

But behind the beauty lies a darker side.

The Thai island has landed in the spotlight this week after the shocking discovery of a tourist hanged outside his bungalow. And it’s not the first time horror has found its way there: The news comes just days after a Koh Tao murder trial was postponed for two Burmese men accused of murdering two British backpackers last September.

http://www.news.com.au/travel/travel-updates/mafia-island-from-paradise-to-bloodshed/story-fnizu4n5-1227181210830

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There's an update re; the untimely death of Christene Annesley. You may recall, she's the young British gal who was found dead in Mon's guest house, months after the Sept crime. Her parents went and found the last person who had spoken with Christene on KT. The parents asked British authorities to assist, but they didn't. Now it appears the parents are arranging for a private investigation, to find out whether she was murdered. We also hear she was the same age and went to the same UK college as David. An ordinarily healthy 23 yr old gal doesn't just expire and die all of a sudden. Is it possible she was inquiring about the murders of David and Hannah? If so, it's quite possible the same person who participated in the murder of (or the cover-up of the crime against) D & H would not hesitate to kill someone who was asking annoying questions. She had just graduated with a major in journalism. Journalists ask questions. Killers-on-the-run don't like probing questions - particularly by journalists.

I agree. On koh tao I don't believe in coincidence. Very suspicious death. And again the parents are getting zero help from both the UK and Thai authorities.

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Got any links Boomerangutang? Would like to take a look.

It's on the Daily Mail, and if you read the article you would see that, once again, Boomerangutang has no qualms whatsoever to make things up; nowhere in that article is it even suggested that their parents are trying to find out if she was murdered or even that they suspect any foul play, in fact they quote the mother as saying that she died of natural causes.

Let me ask AleG. If you had a beautiful & smart 23 yr old daughter who was traveling around the world on an adventure....

...and she died suddenly and mysteriously, wouldn't you be curious as to the circumstances? I sure would, particularly when social media sleuths, who live a lot closer to the island, and who are familiar with how things happen in Thailand ....are suggesting there may be foul play.

Social media sleuths don't always get things right, but we do raise some good questions sometimes. Relying on local inept police detectives, who are bosom buddies with the power-brokers on the island, isn't comforting for some odd reasons. I wonder why?

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And what of the other mysterious death on Ko Tao since the murders of Sept '14? He was a young French backpacker staying alone in a remote bungalo (or at least that's where he was found). We've heard about 2 French women backpackers, same age, who could well have heard alarming noises from the Sept. '14 double murders. French backpackers are inclined to speak with other French backpackers. Again, if murderers-on-the-run get wind that someone is saying things they don't want mentioned, ....additional murders can ensue. whistling.gif

Have French authorities done any follow-up on that? ....or do the French do what the Brits do, and just yawn, grin, and wink at the Thai translator, and lap up whatever he feeds them?

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Personally I take with a large pinch of salt any statements made by the police now matter how senior they are in this case, time and time again they've been proven to be either wrong or deliberately misleading.

An example being your reference link above of the statement made by Provincial Police Region 8 Commissioner stating that all collected DNA samples from the date of the incident had been sent to the institute of Forensic Medicine. This statement was made on the 10th July

That may be true? We have a problem however, where did they put the cigarette butts? (statement by Dr Pornthip made 14th Sept)

There were previous reports that DNA found on the butt of a cigarette shared by the two suspects matched that found on the female victim’s body. Were you able to consider that evidence?
"No. Because the police said that all that evidence was destroyed already. The police said there was no evidence left to send to our institute."
I wonder if this same institute still has possession of the blonde hair that was tested early on in the case and found not to belong to the victims, Chris Ware or the current suspects. They may even know the whereabouts of Hannahs clothing and underwear.
Unlike you I do not believe everything the RTP states in this case, particularly since we now found out they deliberately mislead the UK police when they were here.

And by misleading the UK police, they also mislead the victims' families, whose statements a certain poster is often referring to as being indicative of the families being convinced of the B2's guilt!

(I'm not sure of the exact words, but the "certain poster" probably knows them off by heart. Something like "from what we have seen, it appears that the B2 have a difficult case to answer" (Bearing in mind that the UK police were only shown what the RTP wanted them to see. Sorry, I'm going over old ground here, but as a new poster, you may not have seen the previous threads on this issue.

More porkies being told by the RTP to the UK police: That the B2 confessed to the murders in front of a court judge & to the RTP: “It was a total falsehood”, said Andy Hall

Yet this information was passed on as true by the Met to the families.

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Got any links Boomerangutang? Would like to take a look.

It's on the Daily Mail, and if you read the article you would see that, once again, Boomerangutang has no qualms whatsoever to make things up; nowhere in that article is it even suggested that their parents are trying to find out if she was murdered or even that they suspect any foul play, in fact they quote the mother as saying that she died of natural causes.

Let me ask AleG. If you had a beautiful & smart 23 yr old daughter who was traveling around the world on an adventure....

...and she died suddenly and mysteriously, wouldn't you be curious as to the circumstances? I sure would, particularly when social media sleuths, who live a lot closer to the island, and who are familiar with how things happen in Thailand ....are suggesting there may be foul play.

Social media sleuths don't always get things right, but we do raise some good questions sometimes. Relying on local inept police detectives, who are bosom buddies with the power-brokers on the island, isn't comforting for some odd reasons. I wonder why?

This is not about me, it's also not about you and your need to play "Internet sleuth", what the families of Hannah Witheridge had to say about you and what you are doing is this:

"Witheridge’s family said they were united in grief with Miller’s loved ones. They said: “Hannah was a beautiful person, inside and out, she brought a room alive just being there. She was fun, honest and loved life.

“Her bright future was brutally ended leaving those who loved her broken with no answers. Speculation, rumour and theory have been incredibly hurtful to our family and Hannah’s friends, making an already unthinkable time harder to bear."

I would be a lot less charitable than them on seen people like you using a tragedy as a stage on which to play your games.

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Speculation, rumour and theory, most was started by the RTP as I recall, started way back to the infamous gay love triangle they were attempting to pin on Chris Ware and we do know that his family and friends were scathing about this with one of his close friends from the UK actually posting on TV to stick up for him and tell us of the trauma he was going through at the time.

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Got any links Boomerangutang? Would like to take a look.

It's on the Daily Mail, and if you read the article you would see that, once again, Boomerangutang has no qualms whatsoever to make things up; nowhere in that article is it even suggested that their parents are trying to find out if she was murdered or even that they suspect any foul play, in fact they quote the mother as saying that she died of natural causes.

Pretty bold statement to allege about making things up. Quite a shameful comment...

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Got any links Boomerangutang? Would like to take a look.

It's on the Daily Mail, and if you read the article you would see that, once again, Boomerangutang has no qualms whatsoever to make things up; nowhere in that article is it even suggested that their parents are trying to find out if she was murdered or even that they suspect any foul play, in fact they quote the mother as saying that she died of natural causes.

Let me ask AleG. If you had a beautiful & smart 23 yr old daughter who was traveling around the world on an adventure....

...and she died suddenly and mysteriously, wouldn't you be curious as to the circumstances? I sure would, particularly when social media sleuths, who live a lot closer to the island, and who are familiar with how things happen in Thailand ....are suggesting there may be foul play.

Social media sleuths don't always get things right, but we do raise some good questions sometimes. Relying on local inept police detectives, who are bosom buddies with the power-brokers on the island, isn't comforting for some odd reasons. I wonder why?

This is not about me, it's also not about you and your need to play "Internet sleuth", what the families of Hannah Witheridge had to say about you and what you are doing is this:

"Witheridge’s family said they were united in grief with Miller’s loved ones. They said: “Hannah was a beautiful person, inside and out, she brought a room alive just being there. She was fun, honest and loved life.

“Her bright future was brutally ended leaving those who loved her broken with no answers. Speculation, rumour and theory have been incredibly hurtful to our family and Hannah’s friends, making an already unthinkable time harder to bear."

I would be a lot less charitable than them on seen people like you using a tragedy as a stage on which to play your games.

Did you read this couple of posts up.?????????

More porkies being told by the RTP to the UK police: That the B2 confessed to the murders in front of a court judge & to the RTP: “

'It was a total falsehood”, said Andy Hall

Yet this information was passed on as true by the Met to the families.

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