Koh Tao: Suspects found guilty of murdering British backpackers

[Jonathan Fairfield]

Two Myanmar Men Convicted of Koh Tao Murders and Rape. Death Sentence For Both

Zaw Lin and Wai Phyo at a police news conference on Tao island, Oct. 3 2014

By Teeranai Charuvastra

Staff Reporter

SAMUI - The court today found two Myanmar workers guilty of killing two British backpackers in southern Thailand more than a year ago.

The court on Samui island this morning ruled that there is sufficient evidence to implicate the two defendants, Zaw Lin and Wai Phyo, in the double murder of British nationals David Miller and Hannah Witheridge in September 2014. The case which has since attracted intense media coverage and public scrutiny.

Miller, 24, and Witheridge, 23, were found dead on Sai Ree Beach on Koh Tao in the early morning of Sep. 15, 2014. Two weeks after the murders, Zaw Lin and Wai Phyo were arrested and identified as the killers. The pair is also accused of raping Witheridge.

Zaw Lin and Wai Phyo have been held at a prison on Samui island since their arrests.

Full story: http://www.khaosodenglish.com/detail.php?newsid=1450872256

-- Khaosod English 2015-12-24

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Myanmar migrants found guilty of killing British backpackers

YVES DAM VAN, Associated Press

KOH SAMUI, Thailand (AP) — A Thai court on Thursday sentenced two Myanmar migrants to death for murdering two British backpackers found bludgeoned on a resort island last year, a gruesome crime that focused global attention on tourist safety and police conduct in the country.

The court ruled there was sufficient evidence to convict Win Zaw Htun and Zaw Lin, both 22, of killing David Miller, 24, and raping then murdering Hannah Witheridege, 23, last year on the island of Koh Tao.

Andy Hall, an activist working with the defense team, said the two were found guilty on all counts. They face the death penalty but are expected to appeal.

Miller and Witheridge's battered bodies were found Sept. 15, 2014, on the rocky shores of Koh Tao, an island in the Gulf of Thailand known for its white sand beaches and scuba diving. Autopsies showed that the young backpackers, who met on the island while staying at the same hotel, suffered severe head wounds and that Witheridge had been raped.

The killings tarnished the image of Thailand's tourism industry, which was already struggling to recover after the army staged a coup just months earlier in May 2014 and then imposed martial law.

From the start, the case raised questions about police competence. Investigators faced a variety of criticism, starting with their failure to secure the crime scene, and then for releasing several names and pictures of suspects who turned out to be innocent.

After Britain's Foreign Office expressed concern to Thai authorities about the way the investigation was conducted, British police were allowed to observe the case assembled by their Thai counterparts.

Under intense pressure to solve the case, police carried out DNA tests on more than 200 people on Koh Tao.

The two migrants were arrested about two weeks after the murders. Police said the pair had confessed to the killings and that DNA samples linked them to the crimes. Both men later retracted their confessions, saying they had been coerced by the police. Police have denied the accusations.

One of the defendants, Win Zaw Htun, testified that he was tortured, beaten and threatened so he would confess. He told the court that police handcuffed him naked, took pictures of him, "kicked him in the back, punched him, slapped him, threatened to tie him to a rock and drop him in the sea," according to defense lawyer Nakhon Chompuchat.

Zaw Lin, the other defendant, testified that he was blindfolded, beaten on his chest and told he would be killed if he didn't admit to the charges, Nakhon said, adding, "He also said he was constantly suffocated by a plastic bag that was put over his head until he passed out."

The case hinged on DNA evidence that police and prosecutors say link the suspects to the crime but the defense says is flawed.

The defense says that the DNA found on a garden hoe police say was the murder weapon does not belong to the defendants. An expert witness testified that the hoe contained DNA from two males, but not the suspects.

"The prosecution case is marked by an absence of significant evidence needed to prove the guilt of the accused for crimes they are charged with," the defense team said in a statement released this week.

About 2.5 million people from Myanmar work in Thailand, most as domestic servants or in low-skilled manual jobs such as construction, fisheries or the garment sector. Migrants are often abused and mistreated without the safeguard of rights held by Thai citizens.

-- (c) Associated Press 2015-12-24

[SgtRock]

Anyone surprised

[ldiablo]

No surprise there.

Another travesty of justice in LOS.

[GeorgesAbitbol]

Honestly, this trial is a shame for Thailand and I hope lot of countries and associations will show their deception about this masquerade

It is one more sad day for Thailand.... my thought go to the convicted, <deleted>.ed country

[Snig27]

How horrific.

[GeorgesAbitbol]

If you followed the trial you would say the same...look at the way it was done, the police mistakes, their change of mind, the DNA farce, the evidence brought in a caddie at court, no proper sample,...countless things which will cause the case to close in every other country with a real judicial system

Edited December 24, 2015 by Tywais
Removed quote of deleted post

[angiud]

Shame for Thai justice

[AGareth2]

shocked

[peptidebomber]

Why are people surprised? If you thought there would be any other outcome you are seriously deluded.

[StealthEnergiser]

There was no DNA belonging to the B2 on the murder weapon a hoe how can they possibly be guilty.

[happynthailand]

What a CROCK of S**T

[amerasianex]

There is no jury. Only one judge. And as much As I want to think the court is corrupt. It's more likely a piss poor defense. Lawyers for the most part are very unskilled and unwilling to do probono work. Court appointed lawyers are very green and inexperienced. But the good thing is they can appeal.

[docshock13]

Would like to see the judges' rationale on how they arrived at the verdict.

[GeorgesAbitbol]

There is no jury. Only one judge. And as much As I want to think the court is corrupt. It's more likely a piss poor defense. Lawyers for the most part are very unskilled and unwilling to do probono work. Court appointed lawyers are very green and inexperienced. But the good thing is they can appeal.

With such lack of evidences, police mistakes,... even with no lawyer, in any other country the case would be closed...

[pittsdaulga]

I was truly hoping they would have been found not guilty. I don't even understand how anyone could be convicted justly with all the errors and mistakes made throughout this trial. I hope the appeal is successful.

--Pitts

[AGareth2]

like to hear what the families have to say

[englishoak]

Appeal time, this isnt done, world media is going to be all over this.

One more nail in the Juntas coffin.

[geovalin]

Thailand backpacker murders: bar workers found guilty of killing British tourists

Oliver Holmes

SAMUI:-- A court in Thailand has convicted two Myanmar men of the murder of two British backpackers on the holiday island of Koh Tao in September 2014.

Hannah Witheridge, 23, from Norfolk, and David Miller, 24, from Jersey, were found by the rocks on Sairee beach, both with severe head wounds.

After an extended trial on the neighbouring island of Koh Samui, bar workers Zaw Lin and Wai Phyo, both 22, were found guilty of the rape and murder of Witheridge and the murder of Miller.

They were both sentenced to death by three judges who maintained that the DNA evidence that connected the men to the killings and rape was “up to international standards”.

Full story: http://www.theguardian.com/world/2015/dec/24/thailand-backpacker-murders-bar-workers-found-guilty-of-killing-british-tourists#_=_

[Dogmatix]

It was inevitable despite a brave defence and no evidence linking them directly with the crimes.

Edited December 24, 2015 by Dogmatix

[thesetat2013]

They will be put to death soon and anyone who expected a not guilty verdict was a fool. Too much loss of face to get that kind of verdict here.

[WaiLai]

Thankfully there an appeal process.

Hopefully the world media and governments put the heat on this shambles.

Is the judge required to give his/her summary of considerations which led to the verdict?

[Maejo Man]

Disgusted!! An utter travesty of justice !!

[rwdrwdrwd]

Disgraceful

[WaiLai]

And so the bubble pops...

The people saying that no evidence was presented are in complete denial, the main evidence against them, DNA found inside the rape victim was presented by the prosecution and not contested in any meaningful way by the defense.

Would like to see the judges' rationale on how they arrived at the verdict.

The judge is supposed to put in writing the rationale behind the decision, I hope someone takes the time and effort to translate it into English, in toto and without creative interpretations or convenient omissions as it has been the norm for the press work on issues related to this case.

Hold on a second!

Are you saying these 2 men were not being tried for murder?

That they received the death sentence for rape?

[Netease]

Shame

[freebornjohn]

I was not expecting a "Not Guilty" verdict, but considering the way the prosecution handled the case and the way the police contradicted themselves I had sufficient confidence to hope for a dismissal of the case.

[LivinLOS]

Would like to see the judges' rationale on how they arrived at the verdict.

Well it was a 'perfect investigation' which is green light even guidance from on high isnt it..

[johnnynmonic]

So saddened by this miscarriage of justice. I kind of expected this, but still had hoped in the end the guys would be exonerated.

"Woe to those...who acquit the guilty for a bribe,
and deprive the innocent of his right!" -Isaiah 5:23

[glenmohr]

Thankfully, it seems there will be an appeal. Disgraceful performance in a country which hoped to be taken seriously.

[LivinLOS]

And so the bubble pops...

The people saying that no evidence was presented are in complete denial, the main evidence against them, DNA found inside the rape victim was presented by the prosecution and not contested in any meaningful way by the defense.

Would like to see the judges' rationale on how they arrived at the verdict.

The judge is supposed to put in writing the rationale behind the decision, I hope someone takes the time and effort to translate it into English, in toto and without creative interpretations or convenient omissions as it has been the norm for the press work on issues related to this case.

You mean DNA evidence that cannot be tested, checked, verified, had no chain of custody, and is basically 'we say so' by the same police who tortured them ??

Like that evidence ??