Legal team hopeful in Koh Tao murder appeal

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Legal team hopeful in Koh Tao murder appeal

By Nyan Lynn Aung  

 

File photo. 

 

SAMUI: -- Lawyers for two Myanmar nationals sentenced to death in Thailand are optimistic about a favourable appeal following a recent announcement from the presiding Thai court.

 

The court announced that no further extensions will be granted to the prosecution, which has delayed the hearing of the appeal nine times since it was lodged in May this year.

 

The prosecution has been given until November 10 to submit a reply to the defendants’ appeal to the court. So far no such action has been taken.

 

Ko Zaw Linn and Ko Wai Phyo were convicted and sentenced to death in December 2015 for the murder of David Miller and the rape and murder of Hannah Witheridge on Koh Tao, an island popular with tourists.

 

Full story: http://www.mmtimes.com/index.php/national-news/23428-legal-team-hopeful-in-koh-tao-murder-appeal.html

 

-- MYANMAR TIMES 2016-11-03

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Reports emerge that Koh Tao murder appeal lawyers are hopeful of success

 

 

SAMUI: -- A report yesterday in the Myanmar Times suggests that the legal team of Zaw Lin and Wai Phyo, the two men convicted of the murders of British Hannah Witheridge and David Miller are optimistic about a favourable appeal following a recent announcement from the presiding Thai Court.

 

The Myanmar Times article is based on a report from the court that has announced that no further extensions will be granted to the prosecution who have delayed the hearing of the appeal nine times since it was lodged in May this year.

 

The prosecution has been given until November 10th to reply to the defendants appeal.

 

The article suggests that because, so far, no such action has been taken a favourable outcome is possible. It goes on to say that U Aung Myo Thant, a legal advisor from the Myanmar Embassy in Thailand said that if the prosecution did not provide any reply to the appeal by the November 10th deadline Zaw Lin and Wai Phyo would have a strong change of a favourable outcome, given that the court would have to consider the points made in the defendants appeal without rebuttal from the prosecution.

 

“We don’t know how the court will decide on their sentence but it may well be changed if the prosecutor does not make any reply to our appeal. Our appeal is strong and points out many weak points in the prosecution’s case that suggest that the crimes may not have been carried out by these two Myanmar migrant workers,” said U Aung Myo Thant.

 

U Sein Htay, chair of the Migrant Worker Rights Network, was similarly optimistic concerning the defendants’ prospects.

“If the prosecutor does not lodge a reply to the appeal, this could be a good sign for Zaw and Phyo,” he said.

 

He added that this would mean that the court would be forced to consider the points made in the appeal from only one perspective.

 

However there is little to suggest that the prosecution will not reply to the appeal by the given date and therefore such optimism could be misplaced.

 

Source: http://www.samuitimes.com/reports-emerge-that-koh-tao-murder-appeal-lawyers-are-hopeful-of-success/

 

-- © Copyright Samui Times 2016-11-03

 

 

[Kerryd]

I'm sure more than a few people realize the implications of a successful appeal. 

[z42]

Sad as at is, this defense team is pissing into the wind if they think the SAME court who stitched their defendents up so disgustingly at the first trial are going to overturn it either now or anytime in the future.

This is an appalling miscarriage of justice, those orchestrating it I hope are outed and severely punished in time.

 

Also interesting to note the running man footage is being talked about. I wonder where that spineless @$$#ole with the dicky arm is now. 

 

What a disgusting farce ?

[yellowboat]

Thailand displays its lack of concern with right and wrong for the world to see.   Sadly only a few care these days.   The same judge is going to preside on the appeal.   That is appalling.   

[robertthebruce]

Best of luck Boys, hope the truth comes out and you are both proved innocent....

 

 

[StefanBBK]

I am not sure what to think about this anymore. Just hope justice prevails in the end, even though I do have my doubts that everything was done right. 

[Borzandy]

How can we truth the Thai justice.

[stephenterry]

It really doesn't matter if the prosecution submit a counter argument or what the Appeals court decides next year, this case will go all the way to the Supreme court for a final judgement. That could be a few years down the line.

 

Of course it would be better if the prosecution offers no rebuttal to the defence's arguments, it's a case of wait and see - and who's pulling the strings.

[Retiredandhappyhere]

Unfortunately, the court, and more importantly the judge involved, will consider that avoiding loss of face will be of much more importance than providing justice for these two men.

[stephenterry]

Just now, Retiredandhappyhere said:

Unfortunately, the court, and more importantly the judge involved, will consider that avoiding loss of face will be of much more importance than providing justice for these two men.

 

IMO, it's more to do with what those in power choose to do, that will carry the day. Currently, the B2 are imprisoned for the crimes, and that could be enough 'face' . It is quite possible that the defence's submission could be a face-saver rationale for the court to prove to the world that justice can be seen to be done in Thailand. That's a lot of kudos for the court.

 

On the other hand,  those in power could tell the prosecution to keep appealing all the way to the Supreme court, should the unlikely event of the Appeals court overturn or reduce the sentences. 

 

As Thailand is 'famous' for its U-turns, seemingly without loss of face, it could be a toss-up what will happen.

[kiwikeith]

30 minutes ago, stephenterry said:

It really doesn't matter if the prosecution submit a counter argument or what the Appeals court decides next year, this case will go all the way to the Supreme court for a final judgement. That could be a few years down the line.

 

Of course it would be better if the prosecution offers no rebuttal to the defence's arguments, it's a case of wait and see - and who's pulling the strings.

 

No rebuttal may give the judge an argument to say that he was satisfied with the previous evidence and not change the sentence.

Either way the appeal is a world class comical act almost as good as the Trump and Clinton farce.

 

[Sparkles]

Never been able to comprehend that it was reported that the victims families were quite content with the verdict of guilty.

 

Is it just to put these tragic murders to bed and get on with their lives or do they truly believe in the competency of Thai police investigations and justice ?

 

We may never know.

[stephenterry]

Just now, Sparkles said:

Never been able to comprehend that it was reported that the victims families were quite content with the verdict of guilty.

 

Is it just to put these tragic murders to bed and get on with their lives or do they truly believe in the competency of Thai police investigations and justice ?

 

We may never know.

It was reported only one family (the Millers) was seemingly comfortable with the verdict - the more enlightened (my adjective) Witheridges weren't. It's up to you what you believe to be the truth, but it is clear to me that the legal process was at best, flawed, and at worst, illegal.  Enough to  NOT convict the B2 as it would have been an unsafe verdict.

[kiwikeith]

11 minutes ago, Sparkles said:

Never been able to comprehend that it was reported that the victims families were quite content with the verdict of guilty.

 

Is it just to put these tragic murders to bed and get on with their lives or do they truly believe in the competency of Thai police investigations and justice ?

 

We may never know.

 

It was quite obvious after Hanna's sister spoke out that their family was not happy, the other Prat who went public had reasons I suppose that may have been influenced by Thai contribution.

If both families were treated as she says then why speak out like a big dummy.

Putting it to bed and getting on with life full well knowing that two innocent boys might hang would not be my cup of tea.

I don't think I've met one person who does not think the B2 are innocent.

 

It also shows that Britain's diplomatic relations with Thailand are more important than the B2.

 

[bark]

The only hope from these two kids, is for the UK to put pressure on the Thai Government.

Use, sanctions, and trade threats.

But I'm afraid the UK will not do.

[stephenterry]

18 minutes ago, kiwikeith said:

 

No rebuttal may give the judge an argument to say that he was satisfied with the previous evidence and not change the sentence.

Either way the appeal is a world class comical act almost as good as the Trump and Clinton farce.

 

 I agree it was - and probably will still be -a farce, but IMO, the judge, if he is satisfied with the previous evidence, he would also have to reject the 198  page defence's submission with the 21 key points that rebutted the prosecution's case, as being immaterial and therefore the sentence would stand.

 

i hope that scenario doesn't happen -but it could.

[AlQaholic]

Is this the same court that stiffed Andy hall?

[stephenterry]

1 minute ago, AlQaholic said:

Is this the same court that stiffed Andy hall?

 

No His case was held in BKK

[ElPatron]

Unfortunatly, if they think Thailand joking judiciar system will be put to shame and not only here but abroad they really have to work hard and harder

[Honthy]

Please was this slur from the face of Thailand and punish the real perpetrator/s ....

[stephenterry]

Andy Hall today:

 

Want to clarify misunderstanding in this reporting on Koh Tao case appeal that stemmed from Myanmar Times report and been reported in other media. Prosecutor in this case already fully and in detail responded to the defense appeal in July 2016. Aside from responding fully to defense appeal, prosecutor also asked since the verdict to appeal death penalty verdict. After 10 month extension requests the court refused to allow more time. Prosecutor now has only until 10th Nov to appeal Samui Court refusal to allow them extension to appeal period. But prosecutor already responded to appeal fully and this is more minor issue of legal technique. Prosecutor by no means needs to appeal as verdict already very strongly in its favor anyway.

 

If you can make head or tail of the prosecutor appealing the death penalty verdict, please enlighten me. Does he mean appeal against?

[daveAustin]

Face will likely keep them where they are (if they're lucky) and money/'status'/'power' will keep the real perps out of touch.

[maxcorrigan]

2 hours ago, robertthebruce said:

Best of luck Boys, hope the truth comes out and you are both proved innocent....

 

 

They've got no chance, the same judge will preside over the appeal, and in the land where loss of face means so much, even if it means the death of these young men, or imprisonment for the rest of their lives, he will not let it override this ridiculous loss of face attitude here in LOS, do you honestly think he will say he will say he was wrong in his first judgement?

Lets hope i,m wrong!

[Baerboxer]

1 hour ago, kiwikeith said:

 

It was quite obvious after Hanna's sister spoke out that their family was not happy, the other Prat who went public had reasons I suppose that may have been influenced by Thai contribution.

If both families were treated as she says then why speak out like a big dummy.

Putting it to bed and getting on with life full well knowing that two innocent boys might hang would not be my cup of tea.

I don't think I've met one person who does not think the B2 are innocent.

 

It also shows that Britain's diplomatic relations with Thailand are more important than the B2.

 

 

You have no way of knowing why the sister or the other family member spoke out the way they did. Neither do I or any other poster. But just because one supports you point of view doesn't make the other a "prat or dummy". 

 

All we know is, by Western standards, the investigation and procedures are a farce. The trial system doesn't include a jury and the same emphasis on the prosecution proofing its case doesn't seem to exist. The usual media pantomime and police contradictory circus, added to by the drunk mouthy Scot who now keeps a very low profile, the somewhat contrived looking press conference with the then chief of police held to purely exonerate someone who was never charged; and the input of certain social media sites with their nod nod wink wink trial by media comments.

 

The British police never made their report public, nor does anyone know what they presented to the victims families. The British government, like just about every government these days, doesn't really care much what happens to its citizens and certainly isn't interested in the notion of truth and justice.

 

The reality is very few will ever know what really happened that night and speculation will only continue. Against that back drop, whether the appeals are successful or not is anybodies' guess. But just like the Welsh lady murdered in Chiang Mai, the Blue Diamond and associated murders, the disappearing HR lawyer, the disappearing tribal activist, this despicable crime - justice is unlikely to be served and the truth won't out.

[maxcorrigan]

1 hour ago, Sparkles said:

Never been able to comprehend that it was reported that the victims families were quite content with the verdict of guilty.

 

Is it just to put these tragic murders to bed and get on with their lives or do they truly believe in the competency of Thai police investigations and justice ?

 

We may never know.

That's not quite true, the girls family were not happy at all with the verdict, the poor girls sister spoke out about and received death threats for doing so, if i remember correctly.

[timewilltell]

2 hours ago, Sparkles said:

Never been able to comprehend that it was reported that the victims families were quite content with the verdict of guilty.

 

Is it just to put these tragic murders to bed and get on with their lives or do they truly believe in the competency of Thai police investigations and justice ?

 

We may never know.

 

Maybe because the Thais are renowned for their ability to lie and cheat and deceive better than any in the world when they choose to and that the Millers believed all the bull about the DNA applying a western mindset to an Asian justice farce 

 

Don't Thai to me!

[Beats56]

It's been said that everyone on the island knows who are the real murders but are afraid to speak up. Surely someone must have the balls to say something. I for one wouldn't be at rest if I knew the truth and did not say anything when I know two young boys are innocent.

 

[greenchair]

I would like to make a comment but, any comment that is not agreeable with "the innocent group " results in the thread being closed with a positive statement for the b2. 

Or the post being deleted .

Or acceptable name calling by one group, that's not acceptable when the other gives it  back.

So I'll leave it with, "good luck with the fantasies " they are guilty and not getting out any time soon. Justice has won is this case.  

[somchai jones]

3 hours ago, Sparkles said:

Never been able to comprehend that it was reported that the victims families were quite content with the verdict of guilty.

 

Is it just to put these tragic murders to bed and get on with their lives or do they truly believe in the competency of Thai police investigations and justice ?

 

We may never know.

 

'We may never know'.......absolutely you'll never know as you weren't part of the family that experienced the living hell of losing their loved ones in such a horrific fashion. Anything else on your part and the part of those others on here that are preoccupied with the families' views is pure conjecture. Pretty shameful really.........