Lawyers Council to appeal Koh Tao convicts’ death sentence

[glenmohr]

Its also a mystery to me as to why Ali G and Lucy 11 are not clicking "like" on Greenchair and Stander's posts. Desertion? Second thoughts? Or just having a well deserved break?

Or maybe the weight of knowing the B2 did not do it is telling on some consciences?

[catsanddogs]

Again....for those non-conspiratorial people...they convicted the right people, this one they got right. The appeal process is what every murdering scum has the right to file. Even if they had a video of those ba$turds swinging the hoe that disabled David. While I personally think this a waste of time and resources I guess they can have their day.

The scum who did this were rightfully convicted and after this appeal maybe the death sentence will be reduced to 100 years. I am ok with that also and actually like that better. This way they can rot in jail and maybe get their som nam na!

You're entitled to your opinion like everyone else. None of David's blood on hoe though so therein lies a problem you clearly haven't considered when formulating your venomous opinion.

[boomerangutang]

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

That's completely wrong.

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"

I didn't know Nomsod and his friends were apprehended and charged and convicted. Stander, you need to pay closer attention to what really been going on. If you have (been closely following the case) then it's clear you have an agenda to nail the scapegoats.

[oldsailor35]

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 ?

Hold on there, Stealth. The B2 are criminals, if you can call coercing the BIB into accepting bribes a crime. Don't you recall that many Myanmar workers on KT were guilty of the same crime of asking the police to overlook their illegal status as immigrants/workers in exchange for backhanders. What's worse is the Myanmar workers' crime of renting motorcycles and then bribing the police to overlook this as well. The Myanmar workers were carrying out other dastardly activities though. Would you believe they even printed 'membership' cards to have their payments recorded by the police. Their devious ingenuity didn't stop there though, they actually had stamps (KT turtle motif) printed and stuck to the cards as physical evidence of payments!! Forgive the unintended pun, but even this criminal charge wouldn't 'stick' in a real court of justice,for obvious reasons, but it is far more believable that the actual evidence of criminal activities laid before the court in this trial.

If you have any local knowledge on how it works here, you would know that the Burmese workers have no say in anything here. It is all set up by the local mafia and police. They just have to go along with it to exist, even on the minute wages they get.

[catsanddogs]

I'd rather be dead than spend the rest of my life in a Thai prison.

Well said Rethier:

It was reported today under the by line Teeranai Charuvastra, staff reporter, Khaosod news service, that the B2 have been continually mistreated in prison particularly with regard to being confined to their cells and being shackled 24 hours a day. This kind of treatment belongs in the dark ages and should have remained in the Dark Ages. It is now so easy to see where the general is heading. Here is hoping that the unfortunate and unlucky pair can be transferred to Bangkok without delay and then their monitoring and welfare will be much closer to the World's gaze.Shame on you Thailand

Shacked for almost 15 months now. But yet in good health and spirits so I've heard. Something is keeping them strong - guilty men would have weakened by now.

[oldsailor35]

Again....for those non-conspiratorial people...they convicted the right people, this one they got right. The appeal process is what every murdering scum has the right to file. Even if they had a video of those ba$turds swinging the hoe that disabled David. While I personally think this a waste of time and resources I guess they can have their day.

The scum who did this were rightfully convicted and after this appeal maybe the death sentence will be reduced to 100 years. I am ok with that also and actually like that better. This way they can rot in jail and maybe get their som nam na!

Looks like you have been around a long time to have absorbed the case and learned so much .........39 posts wow !

[oldsailor35]

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.

By all means go ahead and vomit out that pack of lies, unless you'd like to quote exactly where Phil Robertson "declares, their guilt or innocence is irrelevant"

Noticed today the Military Junta is also condemning Amnesty as encouraging law breakers. Human Rights is not something respected by them or certain posters on here including you.

Take a towel with you duck and try not to make to much mess

When a little red/blue ring comes up , let us know we might send an ambulance.

[Norvid 1950]

If this quid pro quo verdict and sentencing is not just a disturbing truth about Thailand justice system,but about political system as well. However if those two are mixed, it's mean one thing - corruption at the highest level. If there is a corruption at the highest level, there is a corruption everywhere from the bottom to the top and vice versa. Thailand with drunk drivers, killing roads, corrupted officials, legalized awkward and false business registrations, fictional employment & registration, "land of smile: - I wonder whose?

Those things place Thailand in the third world countries and they even don't know, or realize it. (or don't give a demn as long as the money flow to their own pockets).

[greenchair]

Again....for those non-conspiratorial people...they convicted the right people, this one they got right. The appeal process is what every murdering scum has the right to file. Even if they had a video of those ba$turds swinging the hoe that disabled David. While I personally think this a waste of time and resources I guess they can have their day.

The scum who did this were rightfully convicted and after this appeal maybe the death sentence will be reduced to 100 years. I am ok with that also and actually like that better. This way they can rot in jail and maybe get their som nam na!

Your wrong, not every "murdering scum" has the right to an appeal, an appeal is only accepted if there are grounds for it and that is decided by the appeal judge. I can see plenty of grounds for an appeal in this shoddy case

I think you are wrong.

Every death penalty case in Thailand has an automatic right to appeal.

[boomerangutang]

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.

The rumour is that the 2.5 mill has been paid by the real perps' family to buy twisted 'justice'.

I venture that it's a whole lot more than 2.5 million (pounds or dollars). The top cop put himself in charge of the investigation early on. Several things happened at right around that time:

>>> The most likely suspects were let off 100%, never to be mentioned again.

>>> The B3 were rounded up, and two of them confessed in minutes and their DNA was claimed to match in world record time (even tho it's since been shown that all the DNA work done by RTP associates is flawed at best). They also confessed to using a broken bottle, tho no broken bottle or shards of glass were found at or near the crime scene. The broken bottle idea was broached by RTP because they didn't want people thinking that David's stab wounds were inflicted by weaponized shark tooth rings - the type which Mon's friends used to wear, up until the crime was finished. RTP needn't have worried. RTP forensics conveniently didn't mention David's dozen shallow stab wounds.

>>> The headman's son's DNA was shown not to match. That too was amazingly fast, and months later, a lead RTP investigator claimed in court, he didn't even think the son's DNA had actually been typed or compared to anything.

>>> The self-appointed head cop (and his wife) miraculously put down a cool $12 million on stocks, weeks after the self-appointment.

If you figure the head cop may have only been spending a portion of his early Xmas present, and other RTP top brass may have also been handsomely gifted, that could add up to a lot of mullah. Since Thais like to do such gifting in nice round numbers, it wouldn't be surprising if the total outlay rounded out to a billion baht ($30 million). How much is a precious son worth to a very rich man?

[bannork]

They will never be executed legally, that's for sure,even the child rapist and killer,Noei, if I remember his name right, only received life imprisonment - because he confessed.The last legal execution was years ago and there is no way in a controversial case involving a neighbouring country that they will be executed.

The one who might get the needle is the train employee who raped and killed a young girl on the night train to Bangkok from the South a year or two ago. I believe he deliberately waived any appeal against his death sentence,quite rightly,..... his death can't come soon enough.

[jayjay78]

Again....for those non-conspiratorial people...they convicted the right people, this one they got right. The appeal process is what every murdering scum has the right to file. Even if they had a video of those ba$turds swinging the hoe that disabled David. While I personally think this a waste of time and resources I guess they can have their day.

The scum who did this were rightfully convicted and after this appeal maybe the death sentence will be reduced to 100 years. I am ok with that also and actually like that better. This way they can rot in jail and maybe get their som nam na!

Your wrong, not every "murdering scum" has the right to an appeal, an appeal is only accepted if there are grounds for it and that is decided by the appeal judge. I can see plenty of grounds for an appeal in this shoddy case

I think you are wrong.

Every death penalty case in Thailand has an automatic right to appeal.

Now your having a laugh right? Read my post again, "only accepted if there are grounds for it," you do not get an automatic appeal unless you show the appeal judge there are grounds for it, simple enough for you now?

EDIT: Just on the off chance you still don't get it read the article this thread relates to: He said he was confident the appeal with these points will be accepted by the Appeal Court.

Hope that helps your understanding a little more for you

Edited January 26, 2016 by jayjay78

[greenchair]

Again....for those non-conspiratorial people...they convicted the right people, this one they got right. The appeal process is what every murdering scum has the right to file. Even if they had a video of those ba$turds swinging the hoe that disabled David. While I personally think this a waste of time and resources I guess they can have their day.

The scum who did this were rightfully convicted and after this appeal maybe the death sentence will be reduced to 100 years. I am ok with that also and actually like that better. This way they can rot in jail and maybe get their som nam na!

Your wrong, not every "murdering scum" has the right to an appeal, an appeal is only accepted if there are grounds for it and that is decided by the appeal judge. I can see plenty of grounds for an appeal in this shoddy case

I think you are wrong.

Every death penalty case in Thailand has an automatic right to appeal.

Now your having a laugh right? Read my post again, "only accepted if there are grounds for it," you do not get an automatic appeal unless you show the appeal judge there are grounds for it, simple enough for you now?

EDIT: Just on the off chance you still don't get it read the article this thread relates to: He said he was confident the appeal with these points will be accepted by the Appeal Court.

Hope that helps your understanding a little more for you

If the defendants have something more to say, grounds or not, relevant or not,it will be accepted. As I have said death penalty cases have an automatic right to an appeal hearing. Even if the defendant pled guilty, their appeal of the sentence would be accepted. On the grounds that They don't want to die and will ask for the mercy of the court.

[jayjay78]

I think you are wrong.

Every death penalty case in Thailand has an automatic right to appeal.

Now your having a laugh right? Read my post again, "only accepted if there are grounds for it," you do not get an automatic appeal unless you show the appeal judge there are grounds for it, simple enough for you now?

EDIT: Just on the off chance you still don't get it read the article this thread relates to: He said he was confident the appeal with these points will be accepted by the Appeal Court.

Hope that helps your understanding a little more for you

If the defendants have something more to say, grounds or not, relevant or not,it will be accepted. As I have said death penalty cases have an automatic right to an appeal hearing. Even if the defendant pled guilty, their appeal of the sentence would be accepted. On the grounds that They don't want to die and will ask for the mercy of the court.

If you receive the death penalty you have a right to seek a royal pardon, you do not have a right to have an appeal hearing regards the conviction unless you show grounds for it, those grounds can also not include any new evidence. An appeal however can be made regards the death sentence only.

Edited January 26, 2016 by jayjay78

[Transporter]

Next question: Which side is the Lawyers Council's bread buttered?

Its not so much a question of which side now but which side at the appropriate time? So many willing bidders too!

[IslandLover]

Khun Han, on 26 Jan 2016 - 08:23, said:

Always18, on 26 Jan 2016 - 08:17, said:

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.

I'm sure I read on one of the other threads a few days ago that the appeal extension had already been granted.

It has.

[biplanebluey]

Next question: Which side is the Lawyers Council's bread buttered?

WOW------- that's shut them up

[B166ER]

....all she did was give him (ya I believe it was ONE person) sh** for being lewd....or certainly something of that nature....loss of face....him high on something possibly....minions do the nasty as well all we know now. How can something so verbal be taken so violently to the final outcome. The crime itself was one of pure hatred or of someone who's a real Psychotic. The disfigurement of face and placement of body was purely pre meditated. It took two people to place her like that. In That position. David with one sock on one foot. Clothes piled neatly in one photo and another strewn on the beach. How on earth can this sort of thing happen here in the land of smiles. Well, if you've not lived here long enough....you'll never know that answer....yada yada yada about other places on earth.....I'm talking about where this happened....

[PaPiPuPePo]

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.

You've made it abundantly clear that you have a strong emotional stake in the B2 being guilty--here's one more example.

But you have not responded to posts pointing out that the basis for their guilt you put forward is not solid. Your argument is mostly emotional. It might be--might be--interesting to know what motivates you so strongly to expend so much time and energy trying to convince everyone of your POV, but regardless your case is based on passion not facts.

Edited January 26, 2016 by PaPiPuPePo

[IslandLover]

glenmohr, on 26 Jan 2016 - 13:33, said:

rethaier, on 26 Jan 2016 - 09:49, said:

I'd rather be dead than spend the rest of my life in a Thai prison.

Well said Rethier:

It was reported today under the by line Teeranai Charuvastra, staff reporter, Khaosod news service, that the B2 have been continually mistreated in prison particularly with regard to being confined to their cells and being shackled 24 hours a day. This kind of treatment belongs in the dark ages and should have remained in the Dark Ages. It is now so easy to see where the general is heading. Here is hoping that the unfortunate and unlucky pair can be transferred to Bangkok without delay and then their monitoring and welfare will be much closer to the World's gaze.Shame on you Thailand

Not only that, but any money being sent to them by their families and supporters is being withheld by the prison authorities. This is a disgrace. That money is needed to buy food.

[Thongkorn]

Amnesty international should get involved now.

[kkup]

Start diggin boys.

[IslandLover]

Its also a mystery to me as to why Ali G and Lucy 11 are not clicking "like" on Greenchair and Stander's posts. Desertion? Second thoughts? Or just having a well deserved break?

Or maybe the weight of knowing the B2 did not do it is telling on some consciences?

Highly unlikely. Please don't encourage them.

[IslandLover]

greenchair, on 26 Jan 2016 - 10:30, said:

StealthEnergiser, on 26 Jan 2016 - 09:34, said:

greenchair, on 26 Jan 2016 - 08:03, said:

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.

What a ridiculous statement the defence already have enough evidence to prove them not guilty this is just the first steps in a long process .

You have had it explained enough times now to know the lack of DNA evidence chain of custody etc will be a major part of the appeal.

Give it up will ya.

The verdicts in.

And that VERDICT is to be appealed. Pigeons and chess spring to mind here

[Chetzee]

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/

Stealth ...... try not to mention the rape thing ..... Table leg doesn't like the idea.... makes her feel uncomfortable , trying not to contemplate the grim realities of this crime scene . So , can't we just pretend it didn't happen ? Hey ! but there again it might not have !!!!!!!!!!

[Tanlic]

To set the record straight here is the law in Thailand

Sentences are not carried out straight away as the inmates can appeal at two more courts. These are the Court of Appeal and the Supreme Court. It is quite possible that the courts will commute a death sentence to a life sentence. If they don’t, the inmate still has one last chance. He can apply for a King’s Pardon to reduce his sentence to life.

The quicker they change the sentence, lock them up and throw away the key the better.

I doubt if anyone in Thailand wants this to go to gate number 3.

[TheLobster]

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"

Not only that, that had lawyers working on their case from 4 different countries.

Australia, UK, burmese and Thai.

They had forensic experts from thailand and Australia.

They had more than 2 million baht in donations to have this case investigated as all the lawyers and experts worked for free. Still the best they could come with is " our human rights have been violated " they had everything they needed and lost.

Because ........... they had no access to the evidence that would have convicted the real killers

[iReason]

"Authorities in Thailand must ensure an independent, transparent and thorough examination of allegations of torture by police made by two men who today were found guilty of murder,

Amnesty International said."

“The Thai police force has a long and disturbing track record of using torture and other forms of ill-treatment to extract ‘confessions’."

"This is far from an isolated case – the Thai authorities must start taking concrete steps to stamp out torture , not just paying lip service to doing so."

http://www.amnestyusa.org/news/press-releases/thailand-torture-claims-in-koh-tao-murder-case-must-be-investigated

Edited January 27, 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.

[iReason]

“Andy Hall, international Advisor to MWRN and a part of the Koh Tao defense team, told The Diplomat on January 5 in an interview,

that the “conditions in the Thai tourism industry are very abusive towards migrants. There is systematic abuse…it’s a complete mess,” he went on to add."

“The source went on tell The Diplomat that the British government and the investigation team was not properly “briefed on the nature of the DNA and forensics paperwork,

and irregularities behind them.”

http://thediplomat.com/2016/01/thailands-migrant-worker-woes-exposed-in-koh-tao-murder-case/

Edited January 27, 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.

[Tanlic]

Appreciated the efforts of The Lawyers Council of Thailand!

At least they are giving some hope for these convicted poor boys.

You should read more mate