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Lawyers Council to appeal Koh Tao convicts’ death sentence


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Maybe, they had it right, just saying!!

Maybe they didnt, just saying.

And the actual evidence proves they didnt have it right, just saying.

Unless you can indicate what actual proof there is, beyond reasonable doubt, just asking.

Sorry, my mistake, I was convinced that the judge found them guilty.

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<snip>

Thai justices are already allowing murderers to roam free. That should answer your question.

Koh Tao is per Wikipedia abut 21 sq. km -- not much room to roam.
Where is Nomsod? If he's the easily-offended quick-to-violence person, he could just as easily do harm in Bangkok or anywhere else. Are Mon and Stingray Man and 'big ears cop' and 'Hoe Man' still hanging out at KT bars every night like they did before the crime? If you have a teenage daughter or sister, would you want her partying late at night at In Touch or AC bars at KT? I'll venture this: None of Mon's tough-guy buddies are wearing weaponized shark tooth rings like the did (including several grinning photos on FB) up until the day of the crime.

If Thailand wants to be taken seriously by the international community with this case (and I'm not sure if they are bothered), they have to stop using their corrupt, lying police forece as the sole basis of evidence, and start allowing International experts to testify. And they need to take on board those international experts' testimonies, ant treat them with the respect and gravitas that they are due. Anything less will see the case forever being viewed internationally as it is now: a stitch up of two scapegoats in order to protect the 'connected' real culprits. And Thailand will continue to be treated as a third world country that dishes out third world justice.

That paragraph hits the bullseye. Good post Han.
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So, as the real verdict is given in the higher court (according to you) you will accept it if it remains guilty, yes?

I think that its the defence team that has to raise their game, don't you!! they didn't exactly cover themselves in glory. In fact, for supposedly 7 of the best lawyers in Thailand, they were abysmal - that's putting it mildly.

When it goes through all courts yes, will you?

How will you defend yourself if it is overturned?

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<snip>

Thai justices are already allowing murderers to roam free. That should answer your question.

Koh Tao is per Wikipedia abut 21 sq. km -- not much room to roam.
Where is Nomsod? If he's the easily-offended quick-to-violence person, he could just as easily do harm in Bangkok or anywhere else. Are Mon and Stingray Man and 'big ears cop' and 'Hoe Man' still hanging out at KT bars every night like they did before the crime? If you have a teenage daughter or sister, would you want her partying late at night at In Touch or AC bars at KT? I'll venture this: None of Mon's tough-guy buddies are wearing weaponized shark tooth rings like the did (including several grinning photos on FB) up until the day of the crime.

If Thailand wants to be taken seriously by the international community with this case (and I'm not sure if they are bothered), they have to stop using their corrupt, lying police forece as the sole basis of evidence, and start allowing International experts to testify. And they need to take on board those international experts' testimonies, ant treat them with the respect and gravitas that they are due. Anything less will see the case forever being viewed internationally as it is now: a stitch up of two scapegoats in order to protect the 'connected' real culprits. And Thailand will continue to be treated as a third world country that dishes out third world justice.

That paragraph hits the bullseye. Good post Han.

Oct 29th 2014

"If the DNA results turn out to match with the samples taken from the crime scene, Mr Warot will become an accomplice. If the DNA doesn't match, then society must give justice to Mr Warot's family too," the national police chief said - See more at: http://www.thephuketnews.com/phuket-koh-tao-murder-suspects-offered-2nd-dna-tests-49403.php#sthash.Kr0ApNo9.dpuf

The investigation is already closed , and Nomsods alibi proven

Therefore how could he become an accomplice

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Maybe, they had it right, just saying!!

Maybe they didnt, just saying.

And the actual evidence proves they didnt have it right, just saying.

Unless you can indicate what actual proof there is, beyond reasonable doubt, just asking.

Sorry, my mistake, I was convinced that the judge found them guilty.

Judges, plural, 3...

The fact that that two were replaced half way through the trial...

One must ask why???

And would it be acceptable to in a civilised country were trials have juries, to replace 8 members of of a 12 man jury half way through a trial???

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Since the above was posted, a number of offensive posts and replies have been removed.

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@ Lucky11

Please answer a question for me. If these murders happened in the UK, in your opinion, would the B2 be prosecuted for murder wit the crap evidence the police put forward, and the lack of some evidence put forward.

If yes......Why..?

If no.....Why..?

Also you stated "anal" stuff, did I not read that the UK revealed there was none...? Please let me know your knowledge on that point..

Few murders have witnesses. Almost all murder cases are based on a large accumulation of circumstantial evidences, that by themselves mean nothing. accumulated together these evidences increase the probability that this person was in the realm of possibilities to have committed the crime. Such as.....

Was person in vicinity of crime.

Did person have any belongings of victim.

Did person leave any belongings at or near crime scene.

Did person have a reasonable alibi.

Were there any suspicious reasons to doubt persons story.

Even Jane taupin said dna is useless circumstantial evidence if not supported by other evidences.

Since the b2 (or at least one of them ) would fail on each of these points. The answer to your question is yes they would have been convicted in a western court. The judge is not going to set free a brutal rapist, murderer just because a policeman in his stupidity failed to dot the i.

We hope.

No, most murders, and I have been involved in many on prosecution side, are not done on an accumulation of probability. Probability is only considered in civil matters.

Most murder cases are considered on a LOT of circumstantial evidence but only when that is backed up with provable evidence. Murder is a criminal case and will not be considered provable by cirmstantial evidence alone when there is provable other evidence available.

Therefore, if provable evidence is there but prosecution is negligent then the circumstantial evidence is nothing.

So in this case there is provable evidence such as dna and the blonde hair and the clothes. Rtp has it, prove it.

They have failed and a REAL court understands this.

If they RTP failed, then why are they still behind bars?

post-222787-0-26560500-1454248329_thumb.

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Maybe, they had it right, just saying!!

Maybe they didnt, just saying.

And the actual evidence proves they didnt have it right, just saying.

Unless you can indicate what actual proof there is, beyond reasonable doubt, just asking.

Sorry, my mistake, I was convinced that the judge found them guilty.

Judges, plural, 3...

The fact that that two were replaced half way through the trial...

One must ask why???

And would it be acceptable to in a civilised country were trials have juries, to replace 8 members of of a 12 man jury half way through a trial???

The presiding judge, or chief judge, in other words the judge who read out the verdict, then.

Better still,'the court found them guilty' should remove the discussion about the judges element.

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Well well, knew it wouldn't be long before one of the 'Blind Justice' group starting having a stab at Ian Yarword defaming him for his work behind the scenes on the appeal.

Andy Hall was the target first now they have a new justice seeker in their sights. Shame the mods removed the post it would have shown the lengths that this group will go to to discredit any form of an effective appeal.

But I have a suggestion for them, your https://twitter.com/samui_csi twitter account has your normal uneducated spelling mistakes, its quite amusing though so by all means leave it there

Working pro bonio to discover the truth

clap2.gif

Edited by jayjay78
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<snip>

Thai justices are already allowing murderers to roam free. That should answer your question.

Koh Tao is per Wikipedia abut 21 sq. km -- not much room to roam.

Where is Nomsod? If he's the easily-offended quick-to-violence person, he could just as easily do harm in Bangkok or anywhere else. Are Mon and Stingray Man and 'big ears cop' and 'Hoe Man' still hanging out at KT bars every night like they did before the crime? If you have a teenage daughter or sister, would you want her partying late at night at In Touch or AC bars at KT? I'll venture this: None of Mon's tough-guy buddies are wearing weaponized shark tooth rings like the did (including several grinning photos on FB) up until the day of the crime.

If Thailand wants to be taken seriously by the international community with this case (and I'm not sure if they are bothered), they have to stop using their corrupt, lying police forece as the sole basis of evidence, and start allowing International experts to testify. And they need to take on board those international experts' testimonies, ant treat them with the respect and gravitas that they are due. Anything less will see the case forever being viewed internationally as it is now: a stitch up of two scapegoats in order to protect the 'connected' real culprits. And Thailand will continue to be treated as a third world country that dishes out third world justice.

That paragraph hits the bullseye. Good post Han.

Oct 29th 2014

"If the DNA results turn out to match with the samples taken from the crime scene, Mr Warot will become an accomplice. If the DNA doesn't match, then society must give justice to Mr Warot's family too," the national police chief said - See more at: http://www.thephuketnews.com/phuket-koh-tao-murder-suspects-offered-2nd-dna-tests-49403.php#sthash.Kr0ApNo9.dpuf

The investigation is already closed , and Nomsods alibi proven

Therefore how could he become an accomplice

Nomsods alibi was not proven. Rtp refused to release his dna results. Name anyone that has proved his alibi?

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greenchair, on 31 Jan 2016 - 10:16, said:
transam, on 31 Jan 2016 - 06:10, said:

@ Lucky11

Please answer a question for me. If these murders happened in the UK, in your opinion, would the B2 be prosecuted for murder wit the crap evidence the police put forward, and the lack of some evidence put forward.

If yes......Why..?

If no.....Why..?

Also you stated "anal" stuff, did I not read that the UK revealed there was none...? Please let me know your knowledge on that point..

Few murders have witnesses. Almost all murder cases are based on a large accumulation of circumstantial evidences, that by themselves mean nothing. accumulated together these evidences increase the probability that this person was in the realm of possibilities to have committed the crime. Such as.....

Was person in vicinity of crime.

Did person have any belongings of victim.

Did person leave any belongings at or near crime scene.

Did person have a reasonable alibi.

Were there any suspicious reasons to doubt persons story.

Even Jane taupin said dna is useless circumstantial evidence if not supported by other evidences.

Since the b2 (or at least one of them ) would fail on each of these points. The answer to your question is yes they would have been convicted in a western court. The judge is not going to set free a brutal rapist, murderer just because a policeman in his stupidity failed to dot the i.

We hope.

The judge is not going to set free a brutal rapist, murderer just because a policeman in his stupidity failed to dot the I.

On the contrary, it's happened many times in western courts. If the police can't get their story straight then the prosecution case will fail. On the other hand, it's also been known for the police to manufacture evidence and give false testimony in order to gain a conviction.

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Hardly a case of not dotting an I is it..

If you cannot provide a Credible Chain of Custody, Methodology, Data, and Reliable Analysis of the DNA evidence then it is worthless. Failing on any one of those requirements would render DNA worthless in any credible court system.
Falling them all is beyond the pale and only points to one thing.

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Basil B, on 31 Jan 2016 - 10:34, said:

Just a smoke screen...

Thailand trying to save face... Why is "Lawyers Council" doing this?

Are they really interested in justice? or this pointless exercise is hoping all the critics of the sham trial will shut up if they get the sentences reduced to life in prison???

This is a pointless exercise as Thailand has only executed 2 people in the last 10 years yet there are hundreds on death row, my guess is in the near future Thailand will abolish the death penalty and all prisoners awaiting execution will have their sentences commuted to life in prison.

If the Lawyers Council were really interested in justice the they would be appealing the guilty verdict.

If the Lawyers Council were really interested in justice the they would be appealing the guilty verdict.

I thought they were, otherwise what's the point of an appeal?

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Well well, knew it wouldn't be long before one of the 'Blind Justice' group starting having a stab at Ian Yarword defaming him for his work behind the scenes on the appeal.

Andy Hall was the target first now they have a new justice seeker in their sights. Shame the mods removed the post it would have shown the lengths that this group will go to to discredit any form of an effective appeal.

But I have a suggestion for them, your https://twitter.com/samui_csi twitter account has your normal uneducated spelling mistakes, its quite amusing though so by all means leave it there

Working pro bonio to discover the truth

clap2.gif

I went to Google. Could not find " Pro Bonio" anywhere, I guess it is something quite new. It looks like Latin, but it is not Latin. I think it may be derived from the original indigenous languages used in the Samui Archipelago. If it discovers the truth I'm all for it. Because then the B2 will be set free.

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That about it in a nut shell Mr. Tee.



And of course, the RTP (and the Thai Government) blatantly disregarding:



U.N. General Assembly resolution 39/46 of 10 December 1984



Article 2


1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.



Article 4


1. Each State Party shall ensure that all acts of torture are offences under its criminal law.


The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.



2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.




Disregarded by failing to show up after four invitations by Thailand's Human Rights Commission to address such acts of torture committed against the accused.



(See post #218)

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TheLobster, on 30 Jan 2016 - 20:39, said:TheLobster, on 30 Jan 2016 - 20:39, said:
jayjay78, on 30 Jan 2016 - 18:26, said:jayjay78, on 30 Jan 2016 - 18:26, said:
IslandLover, on 30 Jan 2016 - 18:09, said:IslandLover, on 30 Jan 2016 - 18:09, said:

I notice the date of accreditation in one of those documents is 29 January 2015, so after the DNA of the B2 was tested and matched in October 2014. Question is, was it accredited before then?

Yes it was, it was first accredited in 2013 and then renewed on the 29th Jan, its renewed every 2 years, work is being done in the background with ILAC and the standards that the institute failed in for the appeal.

Thanks for the clarification on the defense visit to the prison on Monday, yes lets see from there what the situation is.

You can be 'accredited', I prefer to use use the term 'certified' for doing a test of some sorts so lets say a blood group test, you with me? this Laboratory would be certified from the date they had passed an audit related to this blood group test. So the scope of the audit and certification is really very important not the date of the original accreditation/certification.

So you mean, was the lab certified to do the particular DNA testing that it did when it claimed a match with the B2?

Yes, thank you for the question.

One other comment regarding murder evidence, given there was no DNA from the B2 on the murder weapon I don't see how there is any evidence for the court to decide that they should be convicted of murder?

All other evidence presented in court seems to be circumstantial or from RTP statements without any concrete evidence, yet there was a lot of concrete evidence available at the start of the investigation.

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^^ And the misinformation never stops. The judges were presented with a copy of the UK pathologist's report, but refused to accept it as evidence.

The court reviewed the report and found it consistent with the Thai one:

"Police Colonel Dr Pawut, M.D, testified that there was a tear to the Second Deceased’s vulva, which is consistent with the report of the second victim’s autopsy in the United Kingdom in Document Lor. 31 (page 21), submitted by the defendants, indicating that there was a tear at the vulva. This fact supports credibility to Police Colonel Dr Pawut, M.D,’s testimony is made in a straightforward manner."

Reality doesn't fit your narrative.

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It would seem that in a brutal double murder case, unlike Thailand has seen before given the international coverage,

that the Chief of Police should have knowledge of the DNA evidence that was ultimately characterized as the "Trump" card.

"The trial of the Burmese migrant workers accused of killing two British backpackers in Thailand last year has descended into confusion on its second day,

with the morning session suspended after a senior Thai police officer appeared confused about what forensic evidence from the crime his department is in possession of."

whistling.gif

"Police Lieutenant Colonel Somsak Nurod, the chief of police on both Koh Phangan and the neighboring island of Koh Tao, ... said he would have to return to Koh Tao to check what evidence the police were holding." blink.png

"Colonel Somsak said: “I am going back to check and will call you later to tell you what I have.” blink.png

http://www.telegraph.co.uk/news/worldnews/asia/thailand/11728270/British-backpacker-murder-trial-in-Thailand-descends-into-confusion-over-DNA-evidence.html

Edited by iReason
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@ Lucky11

Please answer a question for me. If these murders happened in the UK, in your opinion, would the B2 be prosecuted for murder wit the crap evidence the police put forward, and the lack of some evidence put forward.

If yes......Why..?

If no.....Why..?

Also you stated "anal" stuff, did I not read that the UK revealed there was none...? Please let me know your knowledge on that point..

Few murders have witnesses. Almost all murder cases are based on a large accumulation of circumstantial evidences, that by themselves mean nothing. accumulated together these evidences increase the probability that this person was in the realm of possibilities to have committed the crime. Such as.....

Was person in vicinity of crime.

Did person have any belongings of victim.

Did person leave any belongings at or near crime scene.

Did person have a reasonable alibi.

Were there any suspicious reasons to doubt persons story.

Even Jane taupin said dna is useless circumstantial evidence if not supported by other evidences.

Since the b2 (or at least one of them ) would fail on each of these points. The answer to your question is yes they would have been convicted in a western court. The judge is not going to set free a brutal rapist, murderer just because a policeman in his stupidity failed to dot the i.

We hope.

No, most murders, and I have been involved in many on prosecution side, are not done on an accumulation of probability. Probability is only considered in civil matters.

Most murder cases are considered on a LOT of circumstantial evidence but only when that is backed up with provable evidence. Murder is a criminal case and will not be considered provable by cirmstantial evidence alone when there is provable other evidence available.

Therefore, if provable evidence is there but prosecution is negligent then the circumstantial evidence is nothing.

So in this case there is provable evidence such as dna and the blonde hair and the clothes. Rtp has it, prove it.

They have failed and a REAL court understands this.

They were found guilty in a real court, that court issued an order to the police to comply with the defense demands to retest the DNA evidence used to determine guilt, it was the defense that then decided it was in their best interest not to do that, even though they had been asking for it for months; if anyone was negligent it was the defense that failed to contest the prosecution evidence, personally I believe they know the actual evidence is insurmountable, hence now the smoke and mirrors about minutia such as a stamp missing, somewhere, for some reason.

The two Burmese should have stuck with their confessions and not let people with vested interests drag them into a death sentence.

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It would seem that in a brutal double murder case, unlike Thailand has seen before given the international coverage,

that the Chief of Police should have knowledge of the DNA evidence that was ultimately characterized as the "Trump" card.

"The trial of the Burmese migrant workers accused of killing two British backpackers in Thailand last year has descended into confusion on its second day,

with the morning session suspended after a senior Thai police officer appeared confused about what forensic evidence from the crime his department is in possession of."

whistling.gif

"Police Lieutenant Colonel Somsak Nurod, the chief of police on both Koh Phangan and the neighboring island of Koh Tao, ... said he would have to return to Koh Tao to check what evidence the police were holding." blink.png

"Colonel Somsak said: “I am going back to check and will call you later to tell you what I have.” blink.png

http://www.telegraph.co.uk/news/worldnews/asia/thailand/11728270/British-backpacker-murder-trial-in-Thailand-descends-into-confusion-over-DNA-evidence.html

More Propaganda 101: cherry pick one quote to show confusion and deliberately ignore how the issue was subsequently explained.

You are just trying to conflate things to muddle the waters, the DNA used to decide guilt had nothing to do with that particular testimony:

The DNA samples taken from the bodies are not my responsibility. They are in Bangkok,” Police Lieutenant Colonel Somsak Nurod added."

"Somyot referred to Provincial Bureau 8 chief Pol Lt-General Decha Butrnampetch, who oversees the area, as saying that the evidence was not lost.

"This report may have resulted from a mistranslation of the officer's statement," Somyot said, adding that maybe the officer wanted to say that the evidence had been handed over to the Institute of Forensic Medicine after the investigation finished.

"So when the defence lawyer asked him in the court about the DNA samples and evidence, he said he did not have them. This may have made people misunderstand that the evidence no longer exists or was lost," the police chief said.

More on that point:

"Evidence requiring DNA testing is normally sent to the Institute of Forensic Medicine (IFM) and when the tests are finished, the results are recorded and a copy sent to police, he said.

This explained why police no longer needed to keep the DNA samples with them, he said.

The misunderstanding about possible missing evidence occurred when the defence lawyers asked to have DNA evidence re-examined by a different organisation and the police responded by saying they no longer had the evidence, he said.

And then what happened when the defense got their chance to retest? They chickened out.

Edited by metisdead
Edited as per fair use policy.
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Yes 007.

But this one in particular, has been shot down so many times I've lost count.

And, all of the Thai in the courtroom suffered from a sudden case of "mistranslation" syndrome...

facepalm.gif

Again comes forth that tired old warhorse claim of: "the defense got their chance to retest? They chickened out."

"Nakhon Chomphuchat intimated that control of the re-testing procedure was the issue, as the results would not be directly returned to the defense, but to the police and then the court."

“But if they retest it we have no control over that testing process.”

Debunked. Once again.

http://www.edp24.co.uk/news/crime/defence_team_reverse_demands_to_retest_dna_found_on_body_of_hannah_witheridge_1_4204183

Edited by iReason
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Think about it.

You have a Police Chief conducting a major brutal double murder case, and he is "confused", in court, about what forensic evidence may, or may not be in his possession.

So much that the prosecution called a halt to the session. On Day 2.

You can't make it up...

Edited by iReason
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Well well, knew it wouldn't be long before one of the 'Blind Justice' group starting having a stab at Ian Yarword defaming him for his work behind the scenes on the appeal.

Andy Hall was the target first now they have a new justice seeker in their sights. Shame the mods removed the post it would have shown the lengths that this group will go to to discredit any form of an effective appeal.

But I have a suggestion for them, your https://twitter.com/samui_csi twitter account has your normal uneducated spelling mistakes, its quite amusing though so by all means leave it there

Working pro bonio to discover the truth

clap2.gif

I went to Google. Could not find " Pro Bonio" anywhere, I guess it is something quite new. It looks like Latin, but it is not Latin. I think it may be derived from the original indigenous languages used in the Samui Archipelago. If it discovers the truth I'm all for it. Because then the B2 will be set free.

Pro bono publico (English: for the public good; usually shortened to pro bono) is a Latin phrase for professional work undertaken voluntarily and without payment or at a reduced fee as a public service (From Google, search term Pro Bonio with out the "i")

Edited by Basil B
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Basil B, on 31 Jan 2016 - 10:34, said:

Just a smoke screen...

Thailand trying to save face... Why is "Lawyers Council" doing this?

Are they really interested in justice? or this pointless exercise is hoping all the critics of the sham trial will shut up if they get the sentences reduced to life in prison???

This is a pointless exercise as Thailand has only executed 2 people in the last 10 years yet there are hundreds on death row, my guess is in the near future Thailand will abolish the death penalty and all prisoners awaiting execution will have their sentences commuted to life in prison.

If the Lawyers Council were really interested in justice the they would be appealing the guilty verdict.

If the Lawyers Council were really interested in justice the they would be appealing the guilty verdict.

I thought they were, otherwise what's the point of an appeal?

I understand it to be as post #2...

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.

GreenChair has 30 well deserved likes for that post. wai2.gif

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^^ And the misinformation never stops. The judges were presented with a copy of the UK pathologist's report, but refused to accept it as evidence.

The court reviewed the report and found it consistent with the Thai one:

"Police Colonel Dr Pawut, M.D, testified that there was a tear to the Second Deceased’s vulva, which is consistent with the report of the second victim’s autopsy in the United Kingdom in Document Lor. 31 (page 21), submitted by the defendants, indicating that there was a tear at the vulva. This fact supports credibility to Police Colonel Dr Pawut, M.D,’s testimony is made in a straightforward manner."

Reality doesn't fit your narrative.

attachicon.gifsquare-peg-round-hole.jpg

You've done it again. Quoting this Thai policeman. Has this document ever been seen by anyone other than the bent copper ?

Does it even exist. Or like most of your evidence is it just someone saying something and you believe it ?

One thing I have noticed is that most/all DNA experts have said the DNA evidence in this case holds no water. Yet those who need the Burmese to be guilty are more than happy to accept the words of non experts who wouldn't know DNA from DAN.

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Basil B, on 31 Jan 2016 - 10:34, said:

Just a smoke screen...

Thailand trying to save face... Why is "Lawyers Council" doing this?

Are they really interested in justice? or this pointless exercise is hoping all the critics of the sham trial will shut up if they get the sentences reduced to life in prison???

This is a pointless exercise as Thailand has only executed 2 people in the last 10 years yet there are hundreds on death row, my guess is in the near future Thailand will abolish the death penalty and all prisoners awaiting execution will have their sentences commuted to life in prison.

If the Lawyers Council were really interested in justice the they would be appealing the guilty verdict.

If the Lawyers Council were really interested in justice the they would be appealing the guilty verdict.

I thought they were, otherwise what's the point of an appeal?

I understand it to be as post #2...

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.

GreenChair has 30 well deserved likes for that post. wai2.gif

And your understanding is mistaken Basil:

http://www.khaosodenglish.com/detail.php?newsid=1453808903&section=12&typecate=06

"Nakhon said his team is still working on their case to appeal the Dec. 24 verdict. The court had agreed to extend the time for submitting the appeal from Jan. 24 to Feb. 24, Nakhon said."

It's one of ThaiVisa's great mysteries as to why anyone takes anything from the poster of post #2 seriously. I suppose some people are paying more attention than others.

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