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Koh Tao: Suspects found guilty of murdering British backpackers


Jonathan Fairfield

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...............but not a lot of help in Thailand, evidently!!

So you disagree with this ??

"The case files of the Thai forensic lab should have been provided to the defence," Ms Taupin said.

"This is so the scientific data contained within, and used to provide conclusions, could be examined for a scientific review.

"The essence of scientific method is the testing and review of hypotheses. If these are not viewed, or even stated, then this does not inspire confidence in the scientific analysis.

"A one-page table with alterations is not a suitable document to provide to a court. A report should not have alterations, especially handwritten ones, with no explanation as to why they were altered."

http://www.bbc.com/news/uk-35170419

The defense could of asked the judge for a order to release the files long before she took the stand but they didn't, she could of still taken the stand without the files to explain the ISO standards for Dna but she didn't,

Instead you had Andy hall take the stand with a couple of grainy stills with blue arrows trying to convince the court it is not WP that was given to him by a Man whose company has no mention of gait technology on its website.

2 million baht well spent clap2.gif

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I'm just stating the facts as to what she came up with, maybe she was having an off-day. As DD commented, it was the DEFENCE that disqualified her from giving evidence as they found her conclusions to be worthless for their case and complete gobbledegook.

If you consider that I'm making fun of her then that's your view. They are not children for god's sake and I am glad that I didn't spawn these to murderous individuals as it would be nothing to be proud of!!

Show me an example of where I have made fun of THIS CASE.

It might be humble pie if the final court throws it out, seeing as how you are so adamant they are guilty prior to the final hearing...
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Yes but before then, and as asserted by Lucky11 in other threads, "The prosecution told the court that the UK Embassy had told them there was a match to the phone's IMEI when clearly they had not"

I understand that there was some collusion between David's family and the Prosecution over the IMEI of David's phone, this in itself is not compelling.

Relatives , who have a vested interest, providing evidence to convict someone. I guess you see no problem with that.

But the prosecution said it had been confirmed by the UK Officials (who denied it). This is beyond the pale. Prosecution making up facts and presenting them to the court.

Any court official shown to be creating their own facts to support a guilty verdict should be removed from the proceedings with immediate effect, as that action alone brings in to doubt everything the prosecution presents..

Yes the UK Embassy in Thailand already knew earlier that the family had secured the identifying number but eventually the family passed it to the THAI Embassy in the UK, after there was conflicting testimony as to whether the British authorities had helped the prosecution confirm ownership.

To do so would have been in contravention of the British government's stand not to assist cases which could lead to the death penalty.

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For those doubters who believe the police would never plant evidence in a case- google the case of Sherry Ann Duncan- there are many similarities. I do not know if the B2 are guilty or not- but I do know if I was a juror in the case and what evidence was presented- the prosecution did not make their case- The Chain of Custody is absolutely imperative to have as it removes the doubts- without the chain of custody there is no real proof. This case will follow the same process as the Duncan case- let's see if the result is the same. The Thai Supreme Court will free the B2 but years will pass.

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for gods sake, are you actually listening to yourself, the very fact of these technicalities as you call them then makes it impossible to say they are guilty, you have to prove they are guilty through sound verifiable evidence, what on earth is so difficult to understand about that, and may I also add, the judges are not DNA experts it is impossible for them to conclude anything about DNA, they must seek the advise of experts and take them under advisement, Dr Taupin was a renowned expert and she wasn't even allowed to testify in court, sounds to me like they didn't want to hear it spelled out to them on record - something they would have had difficulty ignoring, and do you think Dr Taupin was going to get up there and tell lies - I don't think so

Who is Dr. Taupin? Or did you perhaps mean Dr. Pornthip? And who says she did not testify?

And you have the audacity to question other folks posts or expect them to take notice of yours when you know "jack.....".

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You forgot a very important aspect...........the verdict was bought and paid for long before the end of the trial so no matter what the family believed or how many "top lawyers" there were in attendance the guilty verdict was the "face saving", bought and paid for outcome.

When you approach this from two different perspectives you can see why a great majority of the posters here support the innocence of the B2, and yet just a few others support the guilty verdict, let me explain...........

Those who believe that the B2 are innocent are judging this on how such a case would be presented in a first-world country with a justice system which although not perfect, has, by and large, stood the test of time. They, like me, believe that the fact that the crime scene was contaminated, that the police collecting the evidence were not trained to do so, that crucial evidence has gone missing, that important CCTV footage was never viewed, that the supposed murder weapon was shown as two different hoes, that the wounds in David's head did not match the murder weapon...............and so much more.

All of the above and other aspects of the case would have ensured that in a first-world country the case would have been thrown out a long time ago.

Now consider the other perspective; the supporters of the guilty verdict are looking at it from their viewpoint, accepting that Thailand is a Third World country and is known for its corruption, human trafficking and other human rights violations, that the BIB have been proven to be corrupt time and time again as have many people in power, that money can buy absolutely ANYTHING (lives included), that saving face is more important than anything else............and so on, so you get the picture.

So they either accept the verdict because of the above, or because they refuse to believe that any of the points in the last paragraph actually do exist. In both cases I believe they are morally bankrupt.

And you can judge the intelligence level of one of them who posted something along the lines of, "wow, they are innocent because the date/time was incorrect" in a sarcastic remark relating to the huge discrepancies in DNA testing procedures, when that discrepancy alone would have ensured that evidence was considered "null and void" in any legal system apart from one in which the verdict was bought beforehand.

You assume that the police, and I suppose, the prosecution and the judges, were paid off but offer no proof that it happened. The defence supplied no evidence that anyone was paid off. It is an assumption made because, this is Thailand.

For sure investigation standards were not up to western standards but that doesnt mean that criminals are not guilty simply because western procedures have not been followed. Posters who believe that are behaving in an arrogant manner more befitting a 19th century colonial attitude.

There seems to be a wholesale denial that B2 semen was found inside Hannah's body. Some posters even claiming that the police made the B2 produce semen samples which they then planted in the victim. Well even the defence didn't try to present such a ridiculous defence. In fact the defence didn't even challenge the semen evidence in court at all

We know western standards were not adhered to but it is up to the defence to challenge, and they didn't, even though they had a foreign expert on hand.

I don't have an opinion on whether the B2 were guilty or not because I haven't and won't see all the evidence. But if the defence can't challenge the core evidence of semen in the victim's body then the balance of suspicion falls onto the B2 in my mind.

I know the supporters of the B2 will say that the DNA evidence is inadmissible because of procedural handling but the defence team didn't successfully challenge that supposition.

And for those who think the result was a foregone conclusion because, well this is Thailand, that is not proof that would stand up in court, either. You can't argue that standards of proof for DNA are unsatisfactory but equal standards of proof of corruption are not necessary because we all know what happens in Thailand.

this is not about western standards, it is about recognised global standards and to a point common sense and understanding the science. The recognised forensic institute of Thailand operate to global standards but were not allowed to be involved in this investigation - go figure
No. I have only seen posters discuss standards in their home countries, western countries, compared to Thailand. I've not seen any discussion about standards in cambodia or India, for example. The comparison is always between the west and Thailand. And you will probably never, ever get western standards of proof in any Thai court case.

I agree that if this case was heard in the west it would most likely be thrown out but that is never going to be the case here.

about western standards

when this expression is used in this case it is used as a synonym to: common sense, scientific, just, not biased, incorrupt, honest, applying good craftmansship, in all conscience

May be we cannot expect "western standards" in Thailand,

but we would expect in Thailand as everywhere in the world from a court and from police a standard that is: common sense, scientific, just, not biased, incorrupt, honest, applying good craftmansship, in all conscience

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Surely, you must agree that presenting this evidence to the presiding judges is far more important. It was, and they decided that they were guilty based primarily on the DNA evidence they saw, before handing down the guilty verdicts.

Of what use would this damning evidence be to the defence team, I fail to see any!!

If you would like some information about the way DNA evidence has been used in Thai courts, read Andrew Drummond's piece in The Australian ( 05.09.07), "Hill-tribe men 'set up' for rape, murder of Aussies" ( reporting on the eventual acquittal on appeal of the 2 teenagers who had been sentenced to death on the basis of false evidence for the murder of Kelvin Bourke and the attack on Sheri McFarlane).

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Yes but before then, and as asserted by Lucky11 in other threads, "The prosecution told the court that the UK Embassy had told them there was a match to the phone's IMEI when clearly they had not"

I understand that there was some collusion between David's family and the Prosecution over the IMEI of David's phone, this in itself is not compelling.

Relatives , who have a vested interest, providing evidence to convict someone. I guess you see no problem with that.

But the prosecution said it had been confirmed by the UK Officials (who denied it). This is beyond the pale. Prosecution making up facts and presenting them to the court.

Any court official shown to be creating their own facts to support a guilty verdict should be removed from the proceedings with immediate effect, as that action alone brings in to doubt everything the prosecution presents..

Yes the UK Embassy in Thailand already knew earlier that the family had secured the identifying number but eventually the family passed it to the THAI Embassy in the UK, after there was conflicting testimony as to whether the British authorities had helped the prosecution confirm ownership.

To do so would have been in contravention of the British government's stand not to assist cases which could lead to the death penalty.

So the UK Embassy did not give the Prosecutor the confirmation and he made it up..

Or the UK Embassy, in contravention of it's own code, did give the Prosecutor the confirmation, and the UK official lied when he said they hadn't..

SO which phone was this for?

The one police said had finger prints and was Hannah's, the one (with blonde hair) they said they found immediately after the crime was discovered, or the one they claim they found near where the Burmese lived?

How did the police manage to get the IMEI from a smashed phone? Is it even from the same phone that the Burmese man said he found?

They've released many other photos, is there a photo of this phone showing the IMEI. I understand that some iPhones have the IMEI in different locations on the phone.. where exactly was the IMEI taken from in this phone.

How is it confirmed to be the same IMEI?

Did they hand over the IMEI to David's family and they confirmed it?

Or did they ask for David's IMEI from the phone company then compared the 2 numbers?

Would a phone company hand over such information? the EU has some strong information disclosure rules, one could not simply ask "phone company" for the IMEI and expect to get it..

It appears odd to me that the relatives family should be supplying information to the police to help a conviction where there is a death sentence unless they are seeking revenge. In which case I'd find any of their actions questionable .

So let's assume that it is David's phone, and that the Burmese man did say he had it (I've only seen some vague press reports that he said anything)

As I said this appears to be the strongest evidence I've seen related to this case, but on its own, all it means is that the Burmese man took David's phone. Not really enough to execute.

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What also worries is that this verdict continues the blocking of all investigations to find out who really did it

not criticizing the court, btw

Indeed, and this should be a major concern of the FCO is they wish to help safeguard British citizens here (as well as their precious trade deals).

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From the family of Jack.. victim of brutal assault on Kho Samui... RESPONSE to TODAY'S GUILTY VERDICT from KOH SAMUI:

As a family we are deeply saddened and distressed by the verdict delivered today against the two Burmese lads Win and Saw in the murders of Hannah Witheridge and David Miller. As a family caught up in the judicial system of Koh Samui we understand how overwhelming the process can be and how easily one can be led by the police to believe that certain things are happening or that leads are being investigated. They are extraordinarily easy to believe in fact as they are in 'sheeps clothing' and all too kind and all too gracious.

The information passed on in Jack's case, as well as in this case we believe, has been altered along the way at different points to fit the Public Prosecutors end game. In was made public that the Public Prosecutor was advising the police on their written report of David and Hannah's case, very early on. This assistance helps to play into the 'end game' as it is envisioned by the Public Prosecutor to help the most affluent persons.

We sit here as a family today in Bangkok watching David Miller's family bravely face the media from the court house, with very heavy hearts.The family believe that today's verdict is right and they believe what they have been told, clearly advocating for the police and admonishing the thousands of us worldwide who have tried in some small way to ensure that this case was on a path to justice..

Let's be clear. Today justice was NOT serviced. The Miller family has been poorly served and poorly informed. They will come to know this.

Win and Saw have been sentenced to death for murders that they unequivocally did not commit. And yes, by way of Jack's case being held in the same area at around the same time, we were privy to a lot of information on this case due to the investigations occurring concurrently.

So we speak from a place of knowledge. Today we are broken-hearted like the hundreds and thousands of people around the world.

Brilliant, completely puts the whole thing into prospective, a blatant deception, a travesty.

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What also worries is that this verdict continues the blocking of all investigations to find out who really did it

not criticizing the court, btw

Of course, that is the entire point. The convicting of the B2 is just a means to an end, a sideshow presented as the real show.

What you stated is the higher goal.

There are higher goals than that involving one-off payments, recurring income streams, the stability of political power bases and political favours owed and to be collected. But these are somewhat abstract and changeable over time.

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I think the judge has given the only verdict that he or she could possibly give, due to pressure from above. I think he or she knows that these two are innocent and by stating that the decision was based on DNA evidence alone has given the defence the opportunity to win an appeal, as nobody could realistically argue that the DNA evidence presented to this court stands up to scrutiny.

For what it's worth I believe that the B2 know who did this and were at the scene on the night. That's how they got the phone.

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So any of you who think the b2 are guilty, can you please explain what caused to puncture wounds on David?

If you mention a "hoe" then keep taking whatever it is you are taking as it isn't doing you any good.

The prosecution said a hammer was used as well but they couldn't find it, this came from a german reporter at the trial.

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So any of you who think the b2 are guilty, can you please explain what caused to puncture wounds on David?

If you mention a "hoe" then keep taking whatever it is you are taking as it isn't doing you any good.

The prosecution said a hammer was used as well but they couldn't find it, this came from a german reporter at the trial.
How do they 100% know it was a hammer if they can't find it?
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Who is Dr. Taupin? Or did you perhaps mean Dr. Pornthip? And who says she did not testify?

And you have the audacity to question other folks posts or expect them to take notice of yours when you know "jack.....".

Yes I do and I even got a reply although not very satisfactory. I do admit that I had never heard of Dr. Taupin but the poster had also mentioned Dr. Pornthip in another post as a forensic expert.

Okay I may not know jack.... about Dr. Taupin but I happen to do know Dr. Pornthip and met her 10 years ago (Tsunami disaster). A very competent but also self-righteous lady who takes pride in faulting others.

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this is not about western standards, it is about recognised global standards and to a point common sense and understanding the science. The recognised forensic institute of Thailand operate to global standards but were not allowed to be involved in this investigation - go figure
No. I have only seen posters discuss standards in their home countries, western countries, compared to Thailand. I've not seen any discussion about standards in cambodia or India, for example. The comparison is always between the west and Thailand. And you will probably never, ever get western standards of proof in any Thai court case.

I agree that if this case was heard in the west it would most likely be thrown out but that is never going to be the case here.

about western standards

when this expression is used in this case it is used as a synonym to: common sense, scientific, just, not biased, incorrupt, honest, applying good craftmansship, in all conscience

May be we cannot expect "western standards" in Thailand,

but we would expect in Thailand as everywhere in the world from a court and from police a standard that is: common sense, scientific, just, not biased, incorrupt, honest, applying good craftmansship, in all conscience

I tried to edit, but not permitted so here again with an addition:

about western standards

when this expression is used in this case it is used as a synonym to: searching for truth by applying common sense and being scientific, just, not biased, incorrupt, honest, applying good craftmansship, in all conscience

May be we cannot expect "western standards" in Thailand,

but we would expect in Thailand as everywhere in the world from a court and from police a standard that is: searching for truth by applying common sense and being scientific, just, not biased, incorrupt, honest, applying good craftmansship, in all conscience

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Yes the UK Embassy in Thailand already knew earlier that the family had secured the identifying number but eventually the family passed it to the THAI Embassy in the UK, after there was conflicting testimony as to whether the British authorities had helped the prosecution confirm ownership.To do so would have been in contravention of the British government's stand not to assist cases which could lead to the death penalty.

So the UK Embassy did not give the Prosecutor the confirmation and he made it up..

Or the UK Embassy, in contravention of it's own code, did give the Prosecutor the confirmation, and the UK official lied when he said they hadn't..

Don't you know the difference between the UK Embassy in Thailand and the Thai Embassy in the UK?

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So the UK Embassy did not give the Prosecutor the confirmation and he made it up..

Or the UK Embassy, in contravention of it's own code, did give the Prosecutor the confirmation, and the UK official lied when he said they hadn't..

SO which phone was this for?

The one police said had finger prints and was Hannah's, the one (with blonde hair) they said they found immediately after the crime was discovered, or the one they claim they found near where the Burmese lived?

How did the police manage to get the IMEI from a smashed phone? Is it even from the same phone that the Burmese man said he found?

They've released many other photos, is there a photo of this phone showing the IMEI. I understand that some iPhones have the IMEI in different locations on the phone.. where exactly was the IMEI taken from in this phone.

How is it confirmed to be the same IMEI?

Did they hand over the IMEI to David's family and they confirmed it?

Or did they ask for David's IMEI from the phone company then compared the 2 numbers?

Would a phone company hand over such information? the EU has some strong information disclosure rules, one could not simply ask "phone company" for the IMEI and expect to get it..

It appears odd to me that the relatives family should be supplying information to the police to help a conviction where there is a death sentence unless they are seeking revenge. In which case I'd find any of their actions questionable .

So let's assume that it is David's phone, and that the Burmese man did say he had it (I've only seen some vague press reports that he said anything)

As I said this appears to be the strongest evidence I've seen related to this case, but on its own, all it means is that the Burmese man took David's phone. Not really enough to execute.

Do you know what an IMEI code is and where (in many places) it can be found?

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Thailand had a chance to do the right thing on this case but it is very obvious that the government will continue to lie to protect those that are connected and have money. You would think there would be compassion for the innocent people being framed up for a murder, but money prevails in Thailand. Even Thai people are calling the country Lie Land more and more, and the Koh Tao case is a perfect example. My illusion of Thailand being a good place to settle ten years ago has been completely shattered.

http://www.khaosodenglish.com/detail.php?newsid=1451111886&section=12&typecate=06

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Surely the defence and/or the British media who believe an injustice has occurred with this verdict will, or must have already contacted the friends of Hannah and David to ascertain who it was who allegedly had an altercation with Hannah that night in the bar. There must have been witnesses to these claims and they can't be scared of the Koh Tao mafia now they are in the UK.

In addition, undoubtedly the reporters can find the guitarist with blood on his guitar,Sean McAnna, last heard hiding out in Italy.Would money make him talk?

In addition, it seems some parts of the autopsy report carried out by the British authorities on Hannah have never been released to the public- could it be these have been released to the Miller family and authenticated the presence of semen from the Burmese 2, matching the Thai samples, thus confirming in their eyes the guilt of the Burmese. I'm not considering the issue of continuous custody of the samples here.

Finally,as mentioned, it's improbable that 2 slightly built young men could hold down David, but 3 might be able to. Their stories about being drunk after a mere 3 bottles of weak beer between 3 young men is clearly improbable.

But the brutal assault on Hannah's face and obscene positioning of her corpse suggests only one thing as mentioned a long time ago- rage and hatred- now if that stemmed from rejection in the AC bar earlier on that night someone must have witnessed it,or was she waylaid on the way home by a gang and her rebuttal sparked such fury.. yes will say those who suspect the mafia of Koh Tao, they fled in a speedboat at dawn- well why didn't they take the corpses too to dump in the Gulf of Thailand ? answer- they knew they could frame some Burmese scapegoats, even so Daddy must have been mighty upset at having 2 corpses on his resort/bar's beach early in the morning- not exactly good for trade.

I agree with those who suggest the Burmese know more that they're saying, Sean too.

.

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Two Myanmar death row prisoners transferred from Samui to tighter security prison on shore


148-wpcf_728x409.jpg


SAMUI:-- Two Myanmar migrant workers sentenced to death by Samui Provincial Court for the murder of two British backpackers were transferred from Samui to tighter security prison in Nakhon Si Thammarat province early this morning.


Zaw Lin and Wai Phyo, guilty of the murder of David Miller and the rape and murder of Hannah Witheridge on Koh Tao in September last year, were brought out of their prison in Samui prison on a heavily guarded prison van to board a ferry at 5 am to Don Sak pier from where they were sent to Nakhon Si Thammarat central prison.


Their defence lawyers have vowed to appeal within the 30-day period.


The Myanmar’s Irrawaddy website reported that the handling of the high-profile case by Thai police has drawn significant controversy, with the accused pair alleging they were tortured into a confession and the defense team contending key evidence was mishandled.


Yesterday protesters, including Buddhist monks, congregated outside the Thai Embassy in Rangoon from around 10.30am, with numbers swelling over the next few hours.


Police erected barbed wire barricades on Thursday ahead of a smaller demonstration and on Friday, the road in front of the embassy was blocked where protesters gathered with placards and chants demanding justice.


The two accused migrants are both Arakanese and many ethnic Arakanese joined the protest on Friday.




thaipbs_logo.jpg
-- Thai PBS 2015-12-26



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Thailand had a chance to do the right thing on this case but it is very obvious that the government will continue to lie to protect those that are connected and have money. You would think there would be compassion for the innocent people being framed up for a murder, but money prevails in Thailand. Even Thai people are calling the country Lie Land more and more, and the Koh Tao case is a perfect example. My illusion of Thailand being a good place to settle ten years ago has been completely shattered.

http://www.khaosodenglish.com/detail.php?newsid=1451111886&section=12&typecate=06

You're right T_Dog..............there are likely many of us nowadays, that think in the same way....

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Thailand had a chance to do the right thing on this case but it is very obvious that the government will continue to lie to protect those that are connected and have money. You would think there would be compassion for the innocent people being framed up for a murder, but money prevails in Thailand. Even Thai people are calling the country Lie Land more and more, and the Koh Tao case is a perfect example. My illusion of Thailand being a good place to settle ten years ago has been completely shattered.

http://www.khaosodenglish.com/detail.php?newsid=1451111886&section=12&typecate=06

You're right T_Dog..............there are likely many of us nowadays, that think in the same way....

Not me.......I love it here!!

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Koh Tao Murders: Myanmar Journalists Urge Thai Press to ‘Reveal the Truth’


By Teeranai Charuvastra

Staff Reporter


14511118861451111920l.jpg

A van carrying Zaw Lin and Wai Phyo leaves Samui prison for Nakhon Si Thammarat prison Saturday morning.


BANGKOK — The Myanmar Journalists Association is urging its Thai counterpart to work together and “reveal the truth” behind the conviction of two Myanmar men for the killings of two British backpackers in southern Thailand last year.


In its open letter addressed to the Thai Journalist Association, the Myanmar media group said justice will prevail if media from the two nations work together in the coverage of the case, which has drawn intense scrutiny from the public.


“We do believe that our close cooperation in seeking justice after revealing the truth behind this controversial case will further promote the existing friendship not only between our two journalist associations but also between the peoples of our two countries,” the statement read, without mentioning any specifics.


On Thursday Zaw Lin and Wai Phyo, two Myanmar men who were bar workers on Tao island, were found guilty of killing British tourists David Miller and Hannah Witheridge on Sept. 15, 2014. They were also convicted of raping Witheridge.




kse.png
-- Khaosod English 2015-12-26

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Koh Tao Murders: Myanmar Journalists Urge Thai Press to ‘Reveal the Truth’
By Teeranai Charuvastra
Staff Reporter
14511118861451111920l.jpg
A van carrying Zaw Lin and Wai Phyo leaves Samui prison for Nakhon Si Thammarat prison Saturday morning.
BANGKOK — The Myanmar Journalists Association is urging its Thai counterpart to work together and “reveal the truth” behind the conviction of two Myanmar men for the killings of two British backpackers in southern Thailand last year.
In its open letter addressed to the Thai Journalist Association, the Myanmar media group said justice will prevail if media from the two nations work together in the coverage of the case, which has drawn intense scrutiny from the public.
“We do believe that our close cooperation in seeking justice after revealing the truth behind this controversial case will further promote the existing friendship not only between our two journalist associations but also between the peoples of our two countries,” the statement read, without mentioning any specifics.
On Thursday Zaw Lin and Wai Phyo, two Myanmar men who were bar workers on Tao island, were found guilty of killing British tourists David Miller and Hannah Witheridge on Sept. 15, 2014. They were also convicted of raping Witheridge.
kse.png

-- Khaosod English 2015-12-26

What's this? is it to be 'trial by media' now. Someone tell them that what they print will have no influence on the proceedings to come and that they are wasting ink.

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