Lawyers Council to appeal Koh Tao convicts’ death sentence

[greenchair]

Myanmar Ambassador U Win Maung said the case must be appealed and treated fairly.

Observers at the trial said little concrete evidence was presented by the prosecution and DNA evidence gathered in the case was flawed and inconclusive.

In a trial where torture allegations by the two accused were left uninvestigated and DNA evidence was called into question by Thailand's most prominent forensic pathologist,

both the ruling and these death sentences are profoundly disturbing, said Phil Robertson, the deputy director of Human Rights Watch's Asia division.

http://mizzima.com/news-regional/thai-lawyers-council-appeal-koh-tao-murder-verdicts#sthash.bYy1avwo.dpuf

Yes, Phil Robertson, declares, their guilt or innocence is irrelevant. the case was handled unfairly, therefore they should be set free regardless. It's all about their human rights. He would like nothing more than to have them set free on a technicality spun out by some fancy pancy lawyer.

Let me go vomit.

[Khun Han]

^ Yes, the break is given. Please feel free to take it and stop cluttering up these threads with incessant drivel.

[stander]

I hope you all have noticed, they will appeal the death penalty.

It does not say they will appeal the verdict of guilty.

That speaks volumes.

And you are 100% totally confident that the translation to English is totally absolutely perfect?

A question: Do you think PBS has a team of lawyers fluent in both Thai and English who very seriously check such translations?

I very much doubt it.

I'm sure the translaters know the difference between.

Appealing the verdict.

Appealing the death penalty.

Similar to the burmese government, that was against the sentence, but said nothing about the verdict.

And David's father being sure of the verdict but against the death penalty.

Even in prison, their lives will be better than hannah and david will have now.

These criminals will have a chance to prepare for their death, make a will, and make their last statements, etc. while the victims can not do that.

Edited January 26, 2016 by stander

[Khun Han]

I hope you all have noticed, they will appeal the death penalty.

It does not say they will appeal the verdict of guilty.

That speaks volumes.

And you are 100% totally confident that the translation to English is totally absolutely perfect?

A question: Do you think PBS has a team of lawyers fluent in both Thai and English who very seriously check such translations?

I very much doubt it.

I'm sure the translaters know the difference between.

Appealing the verdict.

Appealing the death penalty.

Similar to the burmese government, that was against the sentence, but said nothing about the verdict.

And David's father being sure of the verdict but against the death penalty.

Even in prison, their lives will be better than hannah and david will have now.

These criminals will have a chance to prepare for their death, make a will, and make his last statements, etc. while the victims can never do it.

Meanwhile, the real killers don't have to prepare for their deaths. They are too busy partying on Koh Tao and elsewhere to think about things like that.

[kcirtapyelrah]

I think it's window dressing. I can't picture a Thai attorney facing off against a judge. It was one or more judges who gave the verdict. The self-appointed PM is behind the verdict as are all RTP top brass. This is a highly stratified society. A group of attorneys don't have 1/10th the clout as those at the top of the pyramid. I predict the ruling will stand, and the scapegoats will get a pardon (no execution + life sentence shortened to 10 or 15 years). Pardons are rather common in Thailand.

It's rather sick that the 2 suspects were always bundled together as if they're Siamese twins. Wei admitted finding a phone in the sand. All those closely following the case agree somewhat that his friend Zaw was probably asleep at their room during the time of the crime. Wei is facing execution for finding a phone, and Zaw faces same for not finding a phone. The DNA was supposed to be the linchpin for finding them guilty, but the DNA trail is so tattered, skewed and inept as to be completely flawed. If any proof were needed: no crucial DNA was presented as evidence at the trial. Nothing from Hannah or her clothes. Worse than a travesty. All RTP involved in the cover-up should be severely disciplined: heavy fines and serious prison time.

Glad to see your still around Boom.

[greenchair]

Like I said, I expect them to challenge the verdict. There is no point in raising five key points from the original trial if they aren't. Challenging the severity of the sentence doesn't involve challenging the original evidence.

What planet are you on? ?

They are going to challenge the sentence not the verdict. They could possibly use humanitarian grounds such as

1.the b2 were tortured.

2. they were forced to confess

3.the translaters were not fluent in any of the languages.

4. They are young and did not understand fully their decision to go to trial.

5.the dna fiasco.

All of the above is true, but there were many other evidences.

The story says they are appealing the death sentence.

Not the verdict.

Bless. We all wanted them to be innocent. But alas they are not.

[Khun Han]

Like I said, I expect them to challenge the verdict. There is no point in raising five key points from the original trial if they aren't. Challenging the severity of the sentence doesn't involve challenging the original evidence.

What planet are you on? ?

They are going to challenge the sentence not the verdict. They could possibly use humanitarian grounds such as

1.the b2 were tortured.

2. they were forced to confess

3.the translaters were not fluent in any of the languages.

4. They are young and did not understand fully their decision to go to trial.

5.the dna fiasco.

All of the above is true, but there were many other evidences.

The story says they are appealing the death sentence.

Not the verdict.

Bless. We all wanted them to be innocent. But alas they are not.

I'm on planet Earth, and you are doing a 'lucky11'. The question is: will you prattle on for a week or more claiming you were right after you have been proven wrong?

[phuketandsee]

I think it's window dressing. I can't picture a Thai attorney facing off against a judge. It was one or more judges who gave the verdict. The self-appointed PM is behind the verdict as are all RTP top brass. This is a highly stratified society. A group of attorneys don't have 1/10th the clout as those at the top of the pyramid. I predict the ruling will stand, and the scapegoats will get a pardon (no execution + life sentence shortened to 10 or 15 years). Pardons are rather common in Thailand.

It's rather sick that the 2 suspects were always bundled together as if they're Siamese twins. Wei admitted finding a phone in the sand. All those closely following the case agree somewhat that his friend Zaw was probably asleep at their room during the time of the crime. Wei is facing execution for finding a phone, and Zaw faces same for not finding a phone. The DNA was supposed to be the linchpin for finding them guilty, but the DNA trail is so tattered, skewed and inept as to be completely flawed. If any proof were needed: no crucial DNA was presented as evidence at the trial. Nothing from Hannah or her clothes. Worse than a travesty. All RTP involved in the cover-up should be severely disciplined: heavy fines and serious prison time.

Not sure how likely a pardon is Boomer, given the Miller's statement.

[MaxLee]

Am I missing something? The Myanmar Times ran this story a few days ago – before any deadline.

One thing I am sure of, this case should have thrown out of court.

And it is unbelievable that the death sentence should be handed out, which usually relies on incontrovertible proof.

This case was so profoundly mishandled that nobody can find the truth now, obviously suspicion of their guilt will remain but you cant sentence somebody to death on mere suspicion.

Wrong this wasn't only mishandled, this case AND the outcome has been rigged, fabricated, and paid in advance from the outset. Money talks, and influential people and their hired killazzzz walk. Mafia always gets their way with the support of their favorite and currently ruling regime....

[stander]

Meanwhile, the real killers don't have to prepare for their deaths. They are too busy partying on Koh Tao and elsewhere to think about things like that.

That is nothing more than tittle-tattle

[iReason]

"The death sentence handed down to two Myanmar migrant workers without any strong evidence posted a challenge to the Myanmar government,

said a special envoy from Myanmar embassy in Bangkok."

"Moe Gyo, representing the Joint Movement Committee for affairs of Myanmar nationals in Thailand, said that the two workers were sacrificed to save the Thai junta's dignity."

"Everyone knows it's a dishonest work by Thai police. There is no convincing evidence [to prove they're murderers].

The Thai government reached this decision to save its dignity, although Thai law experts and criminologists repeatedly asked for the acquittal.

They were sacrificed," Moe Gyo said.

Bang!

"Ye Htut, the information minister and the presidential spokesperson, and President Office director Zaw Htay announced on their personal Facebook pages,

that the Myanmar government would demand the Thai government to review the case in line with the Thai laws and regulations, to ensue justice for Zaw Lin & Win Zaw Tun."

http://www.nationmultimedia.com/breakingnews/Myanmar-govt-challenged-by-Koh-Tao-verdict-30275662.html

Edited January 26, 2016 by iReason

[Khun Han]

Am I missing something? The Myanmar Times ran this story a few days ago – before any deadline.

One thing I am sure of, this case should have thrown out of court.

And it is unbelievable that the death sentence should be handed out, which usually relies on incontrovertible proof.

This case was so profoundly mishandled that nobody can find the truth now, obviously suspicion of their guilt will remain but you cant sentence somebody to death on mere suspicion.

Wrong this wasn't only mishandled, this case AND the outcome has been rigged, fabricated, and paid in advance from the outset. Money talks, and influential people and their hired killazzzz walk. Mafia always gets their way with the support of their favorite and currently ruling regime....

Yes, what great alternatives the Thai populace get: Obscenely corrupt, Thaksin-sponsored regimes or The Mafia.

Edited January 26, 2016 by Khun Han

[Khun Han]

Meanwhile, the real killers don't have to prepare for their deaths. They are too busy partying on Koh Tao and elsewhere to think about things like that.

That is nothing more than tittle-tattle

It's tittle tattle if youn buy into (or are bought into) the Thai Mafia scheme of things. If you live in the real world (you know, the one where real, highly qualified and hugely experienced experts do real crime and criminal proceedings analysis) it's a bald statement of fact.

[stander]

Meanwhile, the real killers don't have to prepare for their deaths. They are too busy partying on Koh Tao and elsewhere to think about things like that.

That is nothing more than tittle-tattle

It's tittle tattle if youn buy into (or are bought into) the Thai Mafia scheme of things. If you live in the real world (you know, the one where real, highly qualified and hugely experienced experts do real crime and criminal proceedings analysis) it's a bald statement of fact.

The assailants were apprehended and charged and convicted. They had the power of the judicial process to protect their rights. That's a "bald statement of fact"

[StealthEnergiser]

Like I said, I expect them to challenge the verdict. There is no point in raising five key points from the original trial if they aren't. Challenging the severity of the sentence doesn't involve challenging the original evidence.

What planet are you on? ?

They are going to challenge the sentence not the verdict. They could possibly use humanitarian grounds such as

1.the b2 were tortured.

2. they were forced to confess

3.the translaters were not fluent in any of the languages.

4. They are young and did not understand fully their decision to go to trial.

5.the dna fiasco.

All of the above is true, but there were many other evidences.

The story says they are appealing the death sentence.

Not the verdict.

Bless. We all wanted them to be innocent. But alas they are not.

The prosecution’s DNA evidence was used by the prosecution to claim that the two Burmese workers had raped the female victim prior to the murder on the beach. The alleged semen samples that allegedly matched the DNA of the Burmese migrants were not made available to the defense experts. The police claimed that the all-important evidence was mysteriously “used up” or was otherwise unavailable for re-testing.

http://thediplomat.com/2016/01/thai-murders-local-justice-on-trial/

Edited January 26, 2016 by metisdead
14) You will not post any copyrighted material except as fair use laws apply (as in the case of news articles). Please only post a link, the headline and the first three sentences.

[stander]

These criminals now have organized campaigns of propaganda to build sympathy for them, as if they are the victims. The Justice system needs to move more swiftly and if necessary the laws changed to make capital punishment faster and make appeals a shorter process.

[Scouse123]

I find it quite inexplicable that they have waited for the appeal period to expire before applying for an extension!

The Appeal Court would be well within their rights to refuse an extension...................and it might just suit certain persons for them to do so.

Wrong actually,

It is quite common also for the prosecutor to request an extension of time when he plans an appeal as well and is nothing unusual.

[Scouse123]

God speed boys. The world is with you. Unfortunately millions (2.5 million pounds sterling I've heard so far) and a crooked system are against you.

I see that one of the troll troupe have turned up. Dispy, lala and poe to come along shortly.

Sorry,

But there is no way the figure of 2.5 million pounds (GBP) is correct, it's a nonsense figure.

Many/ most of their defence has been ' pro bono ' they have hardly been flying witnesses in from around the globe nor expert witnesses who have chosen to attend voluntarily. I think this is just people pulling figures out of their barstools.

I firmly believe there is also an error in the headline regards the reporting of this case, the lawyers will most certainly be appealing both sentence and conviction.

[rockingrobin]

I find it quite inexplicable that they have waited for the appeal period to expire before applying for an extension!

The Appeal Court would be well within their rights to refuse an extension...................and it might just suit certain persons for them to do so.

Wrong actually,

It is quite common also for the prosecutor to request an extension of time when he plans an appeal as well and is nothing unusual.

The appeal was extended 4 days before the expiry of the inital month timeframe ,

So am I correct in thinking the appeal has to be lodged by the 24th February.

[StealthEnergiser]

These criminals now have organized campaigns of propaganda to build sympathy for them, as if they are the victims. The Justice system needs to move more swiftly and if necessary the laws changed to make capital punishment faster and make appeals a shorter process.

I take it you are referring to the B2 and calling them criminals can you please show the link where they have orgainised campaigns of propaganda ?

[MorristheRunt]

I think it's window dressing. I can't picture a Thai attorney facing off against a judge. It was one or more judges who gave the verdict. The self-appointed PM is behind the verdict as are all RTP top brass. This is a highly stratified society. A group of attorneys don't have 1/10th the clout as those at the top of the pyramid. I predict the ruling will stand, and the scapegoats will get a pardon (no execution + life sentence shortened to 10 or 15 years). Pardons are rather common in Thailand.

It's rather sick that the 2 suspects were always bundled together as if they're Siamese twins. Wei admitted finding a phone in the sand. All those closely following the case agree somewhat that his friend Zaw was probably asleep at their room during the time of the crime. Wei is facing execution for finding a phone, and Zaw faces same for not finding a phone. The DNA was supposed to be the linchpin for finding them guilty, but the DNA trail is so tattered, skewed and inept as to be completely flawed. If any proof were needed: no crucial DNA was presented as evidence at the trial. Nothing from Hannah or her clothes. Worse than a travesty. All RTP involved in the cover-up should be severely disciplined: heavy fines and serious prison time.

All very true.

Their only hope of freedom is a Royal Pardon many years down the line.

Face is No1 in Thailand, and when the Leader of the Country and Chief of Police and publicly praised this case and welcomed the verdict, IT WILL NEVER BE OVERTURNED, even if evidence was found that proved the Burmese did not do it.

Meanwhile the streets and beaches of Koh Tao, murders and rapists walk freely looking for their next victims.

SICK !

[rockingrobin]

God speed boys. The world is with you. Unfortunately millions (2.5 million pounds sterling I've heard so far) and a crooked system are against you.

I see that one of the troll troupe have turned up. Dispy, lala and poe to come along shortly.

Sorry,

But there is no way the figure of 2.5 million pounds (GBP) is correct, it's a nonsense figure.

Many/ most of their defence has been ' pro bono ' they have hardly been flying witnesses in from around the globe nor expert witnesses who have chosen to attend voluntarily. I think this is just people pulling figures out of their barstools.

I firmly believe there is also an error in the headline regards the reporting of this case, the lawyers will most certainly be appealing both sentence and conviction.

Scouse I agree , it is my peronnal opinion that some posters are taking the headline literally . I fail to see why the defence would make such a statement when they still have 20 plus days and if the courts allow some additional witnesses

[MrTee]

I wish them well.

[stander]

These criminals now have organized campaigns of propaganda to build sympathy for them, as if they are the victims. The Justice system needs to move more swiftly and if necessary the laws changed to make capital punishment faster and make appeals a shorter process.

I take it you are referring to the B2 and calling them criminals can you please show the link where they have orgainised campaigns of propaganda ?

Try Googling "organized campaigns for the koh tao two"

[StealthEnergiser]

These criminals now have organized campaigns of propaganda to build sympathy for them, as if they are the victims. The Justice system needs to move more swiftly and if necessary the laws changed to make capital punishment faster and make appeals a shorter process.

I take it you are referring to the B2 and calling them criminals can you please show the link where they have orgainised campaigns of propaganda ?

Try Googling "organized campaigns for the koh tao two"

Done that Please provide the link as I can't find any info where the B2 organised any campaigns.

[oldsailor35]

Am I missing something? The Myanmar Times ran this story a few days ago – before any deadline.

One thing I am sure of, this case should have thrown out of court.

And it is unbelievable that the death sentence should be handed out, which usually relies on incontrovertible proof.

This case was so profoundly mishandled that nobody can find the truth now, obviously suspicion of their guilt will remain but you cant sentence somebody to death on mere suspicion.

Plus the fact that the real perpetrators whom most of us can point the finger at, are still running free and that there have been more mysterious deaths on Koh Tao since !

[Khun Han]

The assailants were apprehended and charged and convicted. They had the power of the judicial process to protect their rights. That's a "bald statement of fact"

Like I said: some people buy/ are bought into the mafia shenanigans.

Edited January 26, 2016 by Khun Han

[iReason]

“Phil Robertson, declares, their guilt or innocence is irrelevant.”?? (Post #33)

Reading comprehension is not this poster’s strongest suit.

I sometimes wonder if he is a Thai official. They love to make things up and put words in other people’s mouths.

Because of course, nowhere in his comments does Robertson say anything of the sort.

(Including the following:)

“He would like nothing more than to have them set free on a technicality spun out by some fancy pancy lawyer.”

Several appalling examples of misinformation and misdirection. Albiet, desperate and weak...

All this from the same poster who previously declared:

“ judicial proceedings … very seriously”

And by the way, if it were Robertson’s intent “to have them set free on a technicality”, there is a long list to choose from…

Edited January 26, 2016 by iReason

[bannork]

i'm sure the Lawyers Council is challenging the verdict, the ruling, rather than simply the sentence. we are not allowed to use Thai here unfortunately but the words used on The Daily News website translate as verdict or ruling. Plus it says they are contesting on 5 points-it makes more sense to contest a verdict on 5 points not challenge a death sentence on 5 points!

[stander]

Meanwhile, the real killers don't have to prepare for their deaths. They are too busy partying on Koh Tao and elsewhere to think about things like that.

That is nothing more than tittle-tattle

It's tittle tattle if youn buy into (or are bought into) the Thai Mafia scheme of things. If you live in the real world (you know, the one where real, highly qualified and hugely experienced experts do real crime and criminal proceedings analysis) it's a bald statement of fact.

The assailants were apprehended and charged and convicted. They had the power of the judicial process to protect their rights. That's a "bald statement of fact"

Like I said: some people buy/ are bought into the mafia shenanigans.

Like I said it's just tittle-tattle