Koh Tao murders appeal reveals shocking new evidence suggesting unfair trial and wrongful conviction

[webfact]

Koh Tao murders appeal reveals shocking new evidence suggesting unfair trial and wrongful convictions



KOH SAMUI: -- According to an article written by a key member of the defence team of Zaw Lin and Wai Phyo, the 22 year old Burmese migrant workers convicted of the murders of Hanna Witheridge and David Miller in September 2014, lacerations to the female victim were caused by the Thai autopsy and not rape.

This revelation came to light when the article, written by Nad Bergman, was published by the Thai Justice website. It says “The incision discovered inside suspects koh tao murdersthe victims vagina, was determined by the British autopsy to have been caused by the Thai autopsy, not as a result of sexual assault”.

The trial for the murders of Hannah Witheridge and David miller and the rape of Hannah Witheridge gained much public interest and was dogged by criticism of both the investigation and the prosecution. The handling and lack of chain of custody of the DNA samples was widely criticized, the missing wine bottle and cigarette butts as well as the female victims clothes, all said to have carried vital DNA evidence, were missing entirely from the trial. Allegations of the torture of the two accused, who initially confessed to the crimes but later retracted their confessions have been causing grave concerns among human rights activists, the friends and family of the accused and their supporters around the globe. Reports of the local mafia intimidating the court translators made the news early on in the trial, the lack of CCTV footage of the crimes linking the two men to anywhere other than the crowded beach has caused grave concern and of course without a single piece of CCTV footage, or a single witness to the actual crime, it is hard to believe that any court could find the two men guilty without reasonable doubt and sentence them to death.

The two men who have no previous criminal history, motive for the rape and murders, and whose DNA was never found on the murder weapon now face yet another year on death row as they wait for their appeal to be considered by the same Region 8 team who handed them both the death penalty for rape and double murder to consider the 198 page appeal document submitted a few days ago by the defence team.

According to the newly published report the appeal questions why the police claimed that DNA samples from the crime scene were sent to Singapore where it was determined the suspects were Asian but later stated this had been revealed in a Thai lab and the samples had in fact never been sent to Singapore.



It goes on to question why –

The suspects were arrested on unrelated charges before being questioned about the murders without an attorney present and their statements were entered as part of the prosecution’s evidence. This is a violation of Thai law and grounds for dismissal of the case.

Both DNA samples taken from the defendants were done without consent and before they were informed of the murder charges.

During the interrogation a hostile interpreter was appointed by the police who cannot read written Thai. The defendants were never properly advised of the murder charges nor their rights under Thai law.

Both accused testified they were stripped naked during the interrogation and physically assaulted including, but no limited to, being punched, genital torture, being kicked and having bags placed over their head. Wounds and bruises of these accusations were present and confirmed by no less than three doctors with regards to one of the defendants.

Fingerprints from the accused on the mobile phone that belonged to one of the victims were never produced, this raises the question of who they actually belonged to. There was absolutely no forensic evidence presented by the prosecution connecting the mobile phone to the accused.

The prosecution speculated that the motive for the attack was the accused being aroused by both victims having sexual intercourse on the beach. There is no evidence to suggest this ever took place and the small abrasion found in the victims vagina could easily have been a result of consensual sex with a third party.

The autopsy was unable to determine if intercourse had taken place before or after death. It is impossible for the prosecution to determine if any rape had taken place.

The Thai autopsy was no more than a four page summary by the doctor. The legally required autopsy file documenting the procedure with step-by-step photos and point to point analysis was never presented. The British autopsy however was.

The incision discovered inside the victim’s vagina was determined by the British autopsy to have been caused during the Thai autopsy, not as a result of sexual attack.



DNA files presented had the accused names on them, rather than a proper file reference number. This is not possible without pre-knowledge of whose DNA the sample being tested belonged to.

The DNA on the murder weapon matched neither of the accused. The police originally claimed the murder weapon had no DNA evidence.

The DNA tests presented by the prosecution were not provided with the necessary supportive documents showing multiple procedures required to meet ISO 17025 standards required in DNA testing. Including the chain of custody, method of testing, graph generation and analysis report.

The police claimed a 100% DNA match with the accused from samples taken from the victim’s body this is scientifically impossible in any forensic lab anywhere in the world.

Other questionable evidence not raised by the appeal includes CCTV footage of the only pier with boats leaving the island immediately after the murders not being examined and blonde hairs found in the victim’s hand not being examined.
The defence team believe that the prosecutions requirement to prove guilt beyond a shadow of a doubt has clearly not been met.

While the families, friends and supporters of the now convicted men have always questioned how it was possible with the evidence presented in court to prove beyond reasonable doubt that the men were guilty of the crimes, the appeal documents now makes it abundantly clear that not only was it not proved beyond reasonable doubt, vital evidence that would normally lead to a conviction was missing entirely.



With this in mind the guilty verdict and subsequent death penalty is unfathomable. There is no evidence to suggest the female victim was raped, or that either men caused the death of both Hannah and David, let alone both managing to kill them and both being convicted of the same murders. The newly available information from the appeal also brings into question how it was possible, in light of the new revelations, to lose the trial in the first place.

With such lack of evidence, compliance with DNA testing standards, police investigation procedures and even Thai law, one must also question why, on the day of the verdict Mr Michael Miller, brother of the victim, very publically announced that having listened very carefully to the evidence he and his family were satisfied the right men had been convicted. It seems that the Miller family are one of only a handful of people who are convinced. Mr Miller, in his post-verdict statement went on to comment that both men had showed no remorse. Perhaps this was due to neither men feeling remorse for a crime they did not commit and who stood to lose their lives because of it. Both of the now convicted men have relayed their sorrow for the victims and their families and Zaw Lin has vowed that should he be released he would like to support the families of the victims of the crime he is also a victim of. Mr Michael Miller also asked the boys supporters to accept the verdict of the court.



In light of the newly published appeal evidence, it has become very obvious as to why they were insulted by his request. One has to also question that why the Miller family are not as determined to ensure that true justice is found for David, when so much doubt surrounds this conviction. “Wrongful convictions and scapegoating are common place in this part of the world” said one supporter, who asked to remain anonymous, “perhaps the Millers are unaware this is not the UK and you cannot trust the verdict of the courts, this is a 3rd world country where mistakes are made far more often than in the west. Corruption is rife here” she went on to say “I am not sure which trial they were listening carefully too, but I was present during the Koh Tao murder trial and I was far more confused when I left on the last day than I was went I went in on day one”.

Supporters of the two convicted men around the world continue to fight for the truth, a new and fair trial, and some answer to the question of who did commit these crimes. Would finding the truth prevent another family having to cope with such un unimaginable tragedy and were the other 6 suspicious deaths of foreigners on Koh Tao in some way connected and were the other 5 of Asians part of some macabre dark secret kept by the residents of Koh Tao.



There will always be speculation over the convictions of Zaw Lin and Wai Phyo, two young men whose only dream in life was being able to provide for their families. These new revelations will do nothing but fuel the fire of unfair trials, corruption, mafia activity on the islands, cover-ups and scapegoating. Should the boys win the appeal and be freed, questions will then be raised over the investigations, trails and convictions of others who profess their innocence and the shadow of international suspicion will continue to fall on a small island in the gulf of Thailand that has proved itself in the light of the international media to be far darker than it appears!

Source: http://www.samuitimes.com/koh-tao-murders-appeal-reveals-shocking-new-evidence-suggesting-unfair-trial-and-wrongful-convictions/


-- Samui Times 2016-06-01

[slipperylobster]

Is this a surprise?

[daoyai]

Send them home, even if they did it, the case is botched. Justice will be better seved if this helps the police, prosecutors and courts to be more honest and professional in their practice. Send them home.

[KunMatt]

Poor boys, their lives are gone and they will never see the light of day again. All for being in the wrong place at the wrong time, and in the wrong country to expect to get away with being setup for a double murder and rape that you couldn't have committed.

[Pomthai]

A rather well written article. Not in the least bit surprised either.

[z42]

Excellent summation of just some of the foul ups (unintentional and more shockingly intentional) that any rational person who followed the investigation / trial would quite clearly have been able to see.

Sadly this isn't going to save them. Nothing will make this court lose face now unless CCTV footage of the actual murder taking place, or footage from the B2's home showing them in their beds emerges. So sick, sad, and unjust. Those who (unfathomably) still believe they are guilty need to take a long, hard look at themselves. A true injustice at play here

[canuckamuck]

At least the appeal will bring the spotlight hard again upon all that is wrong with this case.

[clockman]

Thailand, third world and always will be. No matter how many shopping malls they build!

[Jimi007]

More Thai "justice" at it's best. It couldn't have been a Thai that did this, it must be a two young men from Burma. Case closed! Xenophobia at it's best... Disgusting!

[alfalfa19]

Is this a surprise?

no, but it's good to see that it is being kept alive. ray charles could see what's been going on here, and not only was he blind, but he's dead.

[BrainLife]

Thailand will have to keep face, therefore we all know what the end result will be for the 2 innocent guys.

[daveAustin]

This protection of the moneyed is the one thing that I truly hate about this country. We all know who did this (N+M & co) and they were on the right trail until envelopes changed hands and certain police commanders were removed. Poor lads. Disgusting! Let's hope the real culprits finally get theirs.

[Nicolas32]

Old news this as the UK media pointed this out like two months ago ...

[Tatsujin]

Maybe, just maybe, "face" might be put aside for once, the PM steps in and does the right thing, releases the suspects and arrests all those complicit in this frameup, including the Police who have been paid off, and those influential figures that walked all over the crime scene, fled the island and faked the video showing them at their student dorm.

I'm dreaming, I know ... but if "Thailand" ever wants to be taken seriously, this is the time.

[fxe1200]

Have a look at this case. The CCTV was edited by the police and the accused Burmese cut out, icn order to have evidence, that the Burmese had not been at work at the time of the murder:

http://www.irrawaddy.com/burma/parallels-drawn-between-ranong-murder-koh-tao-case.html

[StealthEnergiser]

May 26, 2016

Senior General Min Aung Hlaing holds talks with Thai PM

COMMANDER-in-Chief of Defence Services Senior General Min Aung Hlaing held talks with Thailand’s Prime Minister General Prayut Chan-o-cha yesterday over issues related to domestic peace, fighting against illegal smuggling including armed smuggling and drug trafficking and cooperation in the investment in cultural and tourism sectors.

During the meeting, Thai Prime Minister said the real situation of Koh Tao murder case is being reviewed as a third country has become involved in the issue.

http://globalnewlightofmyanmar.com/senior-general-min-aung-hlaing-holds-talks-with-thai-pm/

Edited June 1, 2016 by StealthEnergiser

[lust]

They should be released and compensated with 1,000,000 baht each.

Even if they are guilty, tough luck to the prosecution for not doing their due diligence.

[gandalf12]

This case has been such a mess any one worthy of calling themselves a judge has to throw the case out and overturn the sentence. It has been a text book example of how not to run a murder trail.

[MikeTexas]

I remember in the first reports that one of the Koh Tao boss's son was seen on CCTV at the scene, then he magically appeared in Bangkok. This case reeks of mafia and government corruption on multiple levels.

[StealthEnergiser]

''DNA files presented had the accused names on them, rather than a proper file reference number. This is not possible without pre-knowledge of whose DNA the sample being tested belonged to."

[denkiblue555]

And what about the real killers still roaming free on that tiny island?

[hgma]

According to a 'helpful' expert called in by Andy hall & associates the defense of the 1st trial was very poorly scrambled

One of the reason's cited was that lack of proper legal knowledge was debit on the performance & wrong strategy.

Source. FB account Andy Hall.

Personal note.

I lived and worked in Thailand for more then 3 decades .......have seen, heard and witnessed all the good the bad and the ugly.

But NEVER in my life i could have (and actually still can't) imagine That Thai justice is able to pick up 2 young people @ random, and 'convict' them for something they have no part in whatsoever.

[Nbarch]

Methinks the government has a problem with this case. No doubt the police thought that by swiftly arresting the two Burmese men, cobble together a case against them, the inevitable guilty verdict and the matter would end and tourists would flock back to Kao Tao.

But this has not happened and it is generating more unfavorable press reports. No judge is going to pass the death sentence order on the unreliable evidence presented, knowing there would be a huge outcry. Leaving them in prison is going to be a running sore for the government.

David Millar’s brother said originally he thought the trial was fair, which from the many reports after the trial it clearly was not. It would be a courageous thing for him to speak out now against the justice system and help save these two unfortunate Burmese guys.

And perhaps the police would chase the real killer?

[Emster23]

Very good summation. This is only "shocking" if a person had never heard of the case and/or lived in Thailand. Amazing Thailand....

[TheLobster]

An interesting point in the article:

'The incision discovered inside the victim’s vagina was determined by the British autopsy to have been caused during the Thai autopsy, not as a result of sexual attack.'

From the UNOFFICIAL TRANSLATION BY MWRN's JUSTICE: KOH TAO MURDER CASE:
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.

So the defence are claiming the Police Colonel was lying?

From the UNOFFICIAL TRANSLATION BY MWRN's JUSTICE: KOH TAO MURDER CASE regarding the UK autopsy report:
Unless a relevant expert can testify before the court to confirm the information in such reports, the plaintiff cannot cross-examine the witness in order to properly examine the fact. The testimony alone is without any weight and not worthy of being taken in to account.

So the judges ignored the UK autopsy report yet accepted police statements as gospel......

[Mickmouse1]

Strange that all my Thai mates acknowledged that the real murderer is the Thai bar owner from koh Tao

[affen02]

Racism is so common in this country, like trowing litter on the streets it goes from the top to the bottom. Thai/ chinese despice thais, thais and chinese have a common scapegoat in the farang and other non etnic thais. I have a boy here with thai mother. I had sort of expected it but it did not become clear to me before we experienced the treatment of the boy in school. They are picking at him for any small thing they can find, and believe me they are looking hard. When he was smaller he was just a little sweet farang boy among teachers and other staff, no treat to anyone, now that he is soon turning 11, he is suddenly " the handsome one". When i ask for him in school what classrom he is in that day the female teachers talk among them self, oh yes its .... name the handsome farang. This might seen like a small problem but for the boy it is definitly not. Jalousy from the thai/chinese boys and older teachers is mounting. Smacking over the fingers with rulers is a widely used torture metode, and slapping over the head. Last term i finally got hold of the head teacher, she usd to escape whenever she saw me because her fear of speaking english, but when i got her to sit down for a talk, the schoolyear ended in nice standing. New term, new teacher about 65, should never have been near children in a teaching capacity. She used two weeks to tear down all we buildt up last term. Slapping, screaming generally trying to kill any want by the childen for learning anything. Talk to the chinese big boss, impossible no speke de inglish, even with translator present they are so unrespectful that they all the time speak directly in thai to the boy not to me translator shit scared to tell me whats said. Of cource there is no practice of slapping, screaming so on of the students in this fine school, they lie you stright in the face without moving an eyelid. Everybody knows that this is going on, nobody do anything, if you speak to other parents they agree with you but are scared to speak up. Oh and it's such a good chinese private school. Change school, not easy the boy have a few good friends there he know he loose if he change school. Ok thats us, i'm sure there are other expats out there with similar experience. So to the boys at Koh Tao, it is hard to imagnine how they ever could get a fair trial in this country. Nevermind proof or no proof. Outsiders, lover cast, no money. As an expat of many years in this country and not celebrating the new rulers, i still had a hope of change to the better. And to he fair many good things have changed, the corruption with land deeds especially, the rich right out stealing state land building huge resorts, trying to do something with corruption inside the police and many other things, but for the two guys at Koh Tao sadly they are cought in a justice system where it seems like the elite still rules, and little or nothing have changed, why havent the new rulers done anything to change this important part of peoples life. One can but wonder and take care not wonder too loud..

[bangkokheat]

i hope these boys get heavily compensated, there is too much spotlight in this case for them not to be released, and the real perps get the same sentence that was handed down to these boys

[mrdc]

although complimenting the Brits (and UK in general) is difficult for me to do...i have to say that it seems that they are trying their best to see that these two young lads are getting proper legal council. i just hope they don't fizzle out....or something unseemly doesn't happen to those 2 boys while they wait for justice.

so, hats off to the UK government for stepping-up for these 2 boys. i wish you would do more of it.

[luckyman]

"Both accused testified they were stripped naked during the interrogation and physically assaulted including, but no limited to, being punched, genital torture, being kicked and having bags placed over their head. Wounds and bruises of these accusations were present and confirmed by no less than three doctors with regards to one of the defendants."

So a bit of Guantanamo Bay here in my Thailand, how bloody awful!!

The former head of Royal Thai Police, Mr. Y. Poompumruang, who just resigned and retired last September, and oversaw this mess, should be held in account