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Lawyers Council to appeal Koh Tao convicts’ death sentence


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Re the shackling of the B2. First we were told they were shackled in the first prison 24/7 due to "security reasons" and the fact that they are on death row. Now they have been moved to the "Bangkok Hilton" which has supposedly abolished the shackling of prisoners. We will only know the true situation when the defence team visits them next Monday.

Andy Hall was complaining about the shackling in the first prison. The B2 were moved in secret to Bankgkok without the knowledge of the defence team who went to Nakhorn to visit them and found that they had gone.

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glenmohr, on 30 Jan 2016 - 16:20, said:
AleG, on 30 Jan 2016 - 04:20, said:
iReason, on 29 Jan 2016 - 19:39, said:

Silence from the proponents of the "perfect case".

No, you are going to get called out on your constant misleading of people in support of a discredited cause. You post screen shots very selectively, don't you?

Why don't you post the subsequent ones, from the same person, acknowledging that the labs are accredited, hmmm?

attachicon.gifTwitter1.jpg

attachicon.gifTwitter2.jpg

And here are the links in question to definitely prove how you are attempting to mislead:

http://webdb.dmsc.moph.go.th/ifc_qa/DBQA/17025/EN/1233_56_EN.pdf

http://webdb.dmsc.moph.go.th/ifc_qa/dbqa/default.asp?iID=FDDJLL

http://webdb.dmsc.moph.go.th/ifc_qa/dbqa/default.asp?iID=LEFIF

Propaganda 101: air leading questions, never show the answers.

Also, Andy Hall complaining about the Burmese being shackled, the prison they are in doesn't shackle inmates since 2013.

It would be really nice Ale G if you could post a photo of the B2 in any Thai prison but not wearing chains, please, it will be nice and humanitarian New Year ( Chinese) gift to us

all. If you cannot then I think you will need to retract your post above

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?

Edited by IslandLover
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glenmohr, on 30 Jan 2016 - 16:20, said:
AleG, on 30 Jan 2016 - 04:20, said:

No, you are going to get called out on your constant misleading of people in support of a discredited cause. You post screen shots very selectively, don't you?

Why don't you post the subsequent ones, from the same person, acknowledging that the labs are accredited, hmmm?

attachicon.gifTwitter1.jpg

attachicon.gifTwitter2.jpg

And here are the links in question to definitely prove how you are attempting to mislead:

http://webdb.dmsc.moph.go.th/ifc_qa/DBQA/17025/EN/1233_56_EN.pdf

http://webdb.dmsc.moph.go.th/ifc_qa/dbqa/default.asp?iID=FDDJLL

http://webdb.dmsc.moph.go.th/ifc_qa/dbqa/default.asp?iID=LEFIF

Propaganda 101: air leading questions, never show the answers.

Also, Andy Hall complaining about the Burmese being shackled, the prison they are in doesn't shackle inmates since 2013.

It would be really nice Ale G if you could post a photo of the B2 in any Thai prison but not wearing chains, please, it will be nice and humanitarian New Year ( Chinese) gift to us

all. If you cannot then I think you will need to retract your post above

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.

Edited by jayjay78
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"Koh Tao murder case poised to become a watershed. I for one, am optimistic of an acquittal for Zaw Lin & Wai Phyo - and I'm not the only one."



Interesting.



The Hang 'em High crew was fervently assuring everyone, in a very assertive way, that the appeal was only for the death sentence.



I'm wondering, on what, did they base their claims?




P.S.


The scribbled DNA "document"? It had no Official stamps of accreditation on it.



Edited by iReason
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glenmohr, on 30 Jan 2016 - 16:20, said:
AleG, on 30 Jan 2016 - 04:20, said:

No, you are going to get called out on your constant misleading of people in support of a discredited cause. You post screen shots very selectively, don't you?

Why don't you post the subsequent ones, from the same person, acknowledging that the labs are accredited, hmmm?

attachicon.gifTwitter1.jpg

attachicon.gifTwitter2.jpg

And here are the links in question to definitely prove how you are attempting to mislead:

http://webdb.dmsc.moph.go.th/ifc_qa/DBQA/17025/EN/1233_56_EN.pdf

http://webdb.dmsc.moph.go.th/ifc_qa/dbqa/default.asp?iID=FDDJLL

http://webdb.dmsc.moph.go.th/ifc_qa/dbqa/default.asp?iID=LEFIF

Propaganda 101: air leading questions, never show the answers.

Also, Andy Hall complaining about the Burmese being shackled, the prison they are in doesn't shackle inmates since 2013.

It would be really nice Ale G if you could post a photo of the B2 in any Thai prison but not wearing chains, please, it will be nice and humanitarian New Year ( Chinese) gift to us

all. If you cannot then I think you will need to retract your post above

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.

Edited by TheLobster
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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?

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There has been a lot of reference to ISO 17025 on the forum:

ISO/IEC 17025:2005 specifies the general requirements for the competence to carry out tests and/or calibrations, including sampling.

Including sampling....

The defence seem convinced that the sampling was carried out by an untrained person, the samples were not identified correctly, not stored correctly and the results of the DNA analysis were directed at certain individuals without any traceability other than the RTP said so. I tend to agree.

Even a layman can see that there is a problem with the prosecution's DNA evidence and that that the samples could have come from anywhere.

friendly, I do not understand why is there ANY debate about ANY DNA whatsoever?!!!

No matter who and/or how very qualified person collected the samples,

no matter where the samples originated from,

no matter how well (properly or not) they have been bagged and marked

no matter who processed them

NOTHING does NOT matter

since they have been stored in the village headman's fridge at the AC Bar, unsealed, over the night !!!!

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It is very significant that the defendants received correct legalities before court.

We don't agree on that. There was a lawyer present, but he did not ID himself so he was useless for the defendants. Instead of doing something in his professional capacity, he just watched as the scapegoats got their rights denied. Does that fit your definition of 'received correct legalities'?

....the defense were not able to come up with reasonable explaination to counterbalance the mountains of circumstantial evidences,

Mountains measured in mm. Is this part of your mountains of evidence(?): One of the two accused was in his bed sleeping, and didn't find a phone in the sand.

so they will try to win The question is, would the appeal judge allow 2 murderers to be set free based on the inadequacies of the rtp to follow correct legal procedure. That remains to be seen.

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

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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.

They are not confined to ko tao.

But nice of you to agree they are still there

Not much room for anyone to roam on Koh Tao but I would assume if they should choose to ply their trade elsewhere they wouldn't be afforded the same protection.

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I answered one of your questions once. You then said I was a disgrace because I answered that I would contact the US Embassy if someone in my family was murdered in Thailand and I was dissatisfied with the Thai investigation knowing that there is a full-time FBI office at the Embassy in Bangkok.

,So you like these question that, whether they answer yes or no, you're going to jump all over the guy.
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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.

Edited by greenchair
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Posts containing content that messed up the formatting of this page have been removed.

Please stay on the topic of the thread. That means addressing the issues presented in the post, not in making comments to or about other posters. Doing so is off-topic and your post will be removed and you could face a suspension.

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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.

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Follow

ZNhO3gEk_bigger.jpgIan Yarwood@IanYarwood_Law

"Koh Tao murder case poised to become a watershed. I for one, am optimistic of an acquittal for Zaw Lin & Wai Phyo - and I'm not the only one."

Interesting.

The Hang 'em High crew was fervently assuring everyone, in a very assertive way, that the appeal was only for the death sentence.

I'm wondering, on what, did they base their claims?

P.S.

The scribbled DNA "document"? It had no Official stamps of accreditation on it.

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.

Edited by Khun Han
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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.

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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?

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And by the way transcam, it is only andy hall, that said the UK report did not show rape. As the judge said, he was not qualified to make his evaluation, therefore the judge could not consider it.

Greenchair

I think you are mistaken , it is my understanding that the coroners 2nd autopsy is for the defence only and its purpose to ensure the defense as an expert witness , thus the report is classed as the expert witness

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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.

The case would never have reached the court in a western country,

No due process , that is even before we actually consider any other factors

Since you are back you may have missed my post earlier requesting to clarify how you know it is Muang Muang shoe left at the scene of the crime.

Edited by rockingrobin
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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?

Maybe there is no rule of law

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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?

Because justice in Thailand has failed too... sad.png

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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.

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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?

I'm starting to think you've never set foot in Thailand !! Anyone who has lived here for longer then a few months and has half a brain cell soon realises that the whole Thai system is corrupt !!!
Money talks and the guilty walk !! There are too many cases to mention just in the last couple of years !!
Next you'll be saying the great dictator is doing a great job running the country!!
Edited by metisdead
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