Australian lawyer gives new hope to Burmese men convicted of the Koh Tao murders

[Jai Dee]

Several off-topic and flame posts have been removed from this thread.

[JLCrab]

According to Thai Rules of Criminal Procedure (1934) Section 193 an Appeal is made on a question of facts and a question of law against any judgment of the (in this case) Samui Court.

It is not a re-trial.

BTW to the query above about the rich kid, since on here people believe he was someplace where no one was able to see him, why would you think someone would be able to see him now?

[balo]

Nothing new here from the lawyer, lets just wait for the appeal . I doubt any officials in Thailand will even read the letter.

[Brer Fox]

I think they should just do a face saving exercise for all sides, arrange a prisoner exchange of sorts and send these boys back home.

No. That would mean confirming their wrongful conviction. These young men deserve to be completely exonerated and compensated.

Prisoner exchange or exoneration and compensation would involve serious "loss of face" for the many involved in the process of finding them guilty. For that reason alone it will not happen.

[canuckamuck]

One thing is clear: The lab spared no effort in giving everyone the impression that the DNA results were pre-ordered and erroneous. Not even a hint of professional methodology can be seen when it would have been so easy to lock up the case; if the samples were A) handled in a normal manner, and B, they were in fact the DNA of the accused.

[Bkk Brian]

Well done Ian Yarwood!! You have pulled the trigger and have now forced the hand of the defense to do the same. Now they need to get up off their <deleted> and compose an official complaint and get it submitted pronto.

About time the Thai authorities discovered that submitting DNA evidence is a complex procedure that needs full chain of evidence that can be repeated independently to get the same results, not the one page graph that got these 2 convicted.

Let this case and complaint be the catalyst for change!!

[scorecard]

Good effort to keep this in the light. Hope it doesn't get swept under the carpet.

Agree. I'm guessing this guy is not about to be quickly sidelined or ignored.

Hope he goes all out.

[boomerangutang]

However, I advise that I did discuss the table with the Melbourne DNA expert Jane Taupin who was at court in September 2015 but who was never called to give evidence – a serious mistake by the defence lawyers.

Ms Taupin made the long trip to Thailand. However, the entire time she was here, the defense would not share any useful DNA data with her. All she got was a one-page 'report' with scribbles, cross-outs, unlegible stuff. She deemed it was useless and unprofessional, so she chose not to appear in court. She's a professional, and could not base her court testimony on such scribbles. Even more importantly, Ms Taupin didn't have any access to original DNA samples. She wanted to testify, but couldn't. It would be like a baseball player going to play a game, but when she got to the stadium, there were no balls, no bats, no bases, and the field had been plowed and trenched.

In sum, RTP and prosecution successfully stymied Ms Taupin, as they so successfully stymied other evidence, and the case in general. The list of pertinent clues/people/evidence NOT mentioned could fill a thick book, small font.

[JLCrab]

He already is sidelined. He is a lawyer from Australia with no standing to submit anything to the Court in this case. If the SamuiTimes editor had not chosen to print his open letter, you probably would not hear about it. The official formal complaint of the Defense is called an Appeal and they have already submitted it with four 30-day extension granted by the Court. they don't get no Mulligans whether Mr. Yarwood chooses to write a letter or not.

BTW to an earlier comment by the just above Member, if the Headman really wanted to have his name kept out of all this, he could have arranged to have the victim's bodies dumped on someone else's front porch before anybody who was not in on the arrangement would've known the difference.

[Khun Han]

I think it's safe to say that justice in this case will not come from leaving the Thai 'justice' system to it's own devices, but can possibly come from relentless international pressure and media spotlight.

[JLCrab]

Well according to Google News, the SamuiTimes article has been picked up by the SamuiTimes and ThaiVisa news -- The Daily Mail, The Guardian, and the BBC may show up tomorrow.

[MockingJay]

Thanks for the effort, but this is what will happen to your letter:

because after all - TIT...

[stander]

It’s hard to figure out between Drummond and Yarwood, who is doing more damage to the appeal.

Keep it up guys.

[DiscoDan]

Ian Yarwood is a PROPERTY lawyers he has already recieved a reply from the thai labs which he has not shown to the public. instead he showed the original letter he sent to the lab. He is not part of the defense, just another egocentric trying to get his 5 minutes of fame.

[MediaWatcher]

I have to say, I didn't think much of Yarwood, with his strong support or Alan Morrison, Ed from Phuketwan, but hey, criminal lawyer, or not, he raises some very good points.

As this is "fight" for the 2 Burmese, could it not be taken to some kind of international rights court? Could the Thai authorities be held criminally responsible if the Burmese are executed? If not then the world needs an international court.

[StealthEnergiser]

Ian Yarwood is a PROPERTY lawyers he has already recieved a reply from the thai labs which he has not shown to the public. instead he showed the original letter he sent to the lab. He is not part of the defense, just another egocentric trying to get his 5 minutes of fame.

Exactly, Yarwood is a real estate lawyer, with no experience in criminal law, a charlatan.

What difference does it make he is doing a lot more than you and your mate disco. and has enough knowledge in this case to show millions of people why the b2 shouldn't be behind bars.

[StealthEnergiser]

Ian Yarwood is a PROPERTY lawyers he has already recieved a reply from the thai labs which he has not shown to the public. instead he showed the original letter he sent to the lab. He is not part of the defense, just another egocentric trying to get his 5 minutes of fame.

Your comments about Mr Harwood are disgraceful.

[JLCrab]

I have seen the above Imprint website before and Mr Yarwood writes on his Twitter page:

Interested in humanitarian causes, media freedom, ending slavery, landmine clearance (& world peace,just like Miss World contestants) On the shoulders of giants

However the Imprint website suggests that it is more an educational venture working with local NGO's and is not primarily involved in legal representation in criminal and/or civil litigation.

[Bkk Brian]

I have seen the above Imprint website before and Mr Yarwood writes on his Twitter page:

Interested in humanitarian causes, media freedom, ending slavery, landmine clearance (& world peace,just like Miss World contestants) On the shoulders of giants

However the Imprint website suggests that it is more an educational venture working with local NGO's and is not primarily involved in legal representation in criminal and/or civil litigation.

And? Who implied it did involve criminal litigation? It does imply that just because you are involved in real estate that does not bar you from other projects, many lawyers do it very successfully and as far as I can see Ian has been selfless in has cause for the pursuit of justice. Those attacking him are what? For what reason? This is not about the messenger it is about the message. That message now needs to be taken up by the defense team

[JCauto]

If the court doesn't want to see the letter, it will just put it aside by the waste bucket. I once went to Thai Imm (after losing a passport and then applying for a new one). I had a letter from my consulate (which took me days to get and 1,000's of baht in expenses) which I handed over to the top Thai official. He took a half-second glance at it, and rudely set it aside with a frown, as if it meant nothing.

The letter from the lawyer re; the KT case: will it be translated to Thai? Thai officials won't spend one second trying to read anything in English.

In the bigger picture: Thai officialdom (including the PM and justices and RTP) don't want to deviate from their ironclad plan: to scapegoat the B2 and continue to insist on zero mention of the Headman's people. The appeal process will result in scrapping the death penalty for the B2, but will instead keep the scapegoats in jail for a long time.

Was your letter (the one the official discarded) also translated into Thai?

[JLCrab]

Mr. Yarwood is approaching Thai officials and almost demanding that they respond to him He is a lawyer from Australia. If a person in the Thai Judicial system asks him based on what criminal defense experience he is making such near demands, he can say what?

What's going on here may be simple: The defense maybe does not to work with Mr. Yarwood because Mr. Yarwood has maybe said things that are not entirely complimentary of the Defense's efforts.

Note the 3 'maybes'.

[MediaWatcher]

Mr. Yarwood is approaching Thai officials and almost demanding that they respond to him He is a lawyer from Australia. If a person in the Thai Judicial system asks him based on what criminal defense experience he is making such near demands, he can say what?

I find it hard to understand why there are people, on this site, who simply want to "attack" others, at least Ian is doing something positive, unlike the negative people who simple sit behind a keyboard and achieve NOTHING, except to show the world that they are dicks, actually, dicks are useful, more than I can say about some of you lot.

Stay safe you lot, stay behind your anonymous names and keyboards.

[Bkk Brian]

Mr. Yarwood is approaching Thai officials and almost demanding that they respond to him He is a lawyer from Australia. If a person in the Thai Judicial system asks him based on what criminal defense experience he is making such near demands, he can say what?

What's going on here may be simple: The defense maybe does not to work with Mr. Yarwood because Mr. Yarwood has maybe said things that are not entirely complimentary of the Defense's efforts.

Note the 3 'maybes'.

The complaint has nothing to do with criminal litigation, it is to do with ISO procedure in presenting DNA evidence

[JLCrab]

I am not attacking Mr. Yarwood. He has no standing in the case and there is no reason why the Thai officials should be obligated to give him the time of day. He can do whatever he wants however the Defense as best I remember may be not entirely happy about some of the things he has said of their efforts.

He is not a member as best I can tell of any DNA certification agency.

[Bkk Brian]

I am not attacking Mr. Yarwood. He has no standing in the case and there is no reason why the Thai officials should be obligated to give him the time of day. He can do whatever he wants however the Defense as best I remember may be not entirely happy about some of the things he has said of their efforts.

He is not a member as best I can tell of any DNA certification agency.

If you read previous articles, you have no need to belong to any authority to make a complaint, all you need is the permission of the accused.

APLAC does have standing,very serious standing and wrote on behalf of Ian to get a reply last time, twice.

[JLCrab]

Yes I read that and the Thai folks can say that unless it comes directly from the agency, we have no obligation to respond. And anybody can complain about anything.

[smedly]

Ian Yarwood is a PROPERTY lawyers he has already recieved a reply from the thai labs which he has not shown to the public. instead he showed the original letter he sent to the lab. He is not part of the defense, just another egocentric trying to get his 5 minutes of fame.

Exactly, Yarwood is a attention seeking real estate solicitor, with no experience in criminal law, a charlatan.

and yet everything he said was 100% correct

what's your point

[JLCrab]

What Mr. Yarwood, as best I can tell. from someone whose only prior DNA experience was watching the OJ Simpson trial, is saying is that, since certification agency procedures were not followed, the DNA results at trial should be deemed inadmissible and disallowed. Hopefully that is contained in the Defense appeal.

[Emster23]

The response, if there is one, might boil down to this

1. The defendants are Burmese

2. No Thai could do this

3. Police said they are guilty and that's good enough for me

4. Time for my afternoon nap

[SOTIRIOS]

...I urge all foreign lawyers to begin to cast an eye this way...

...the world needs to know what foreigners go through when they go to court here....

...divorce included....

...embassies deem them 'personal matters'....even where clearly...laws have been broken.....

...reading about 'Justice For Jessie'....such a horror....

...and when the father victim filed police charges as a last resort....the alleged perpetrators filed defamation charges against him...

...everything stolen from him...swindled....atrocities that his children have gone through too..

..rendered penniless....and now further attacks...while he merely tries to defend himself, his family and get justice...

...this has to be addressed....this has to be stopped....

...people work...amass wealth,,,,pay taxes..... in their home countries....

...then come here and get cheated...and even killed....

...and nobody in the international community is saying boo...