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Appeals Court upholds death penalty for Koh Tao murders


Jonathan Fairfield

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A specific island, where drugs are freely available and everybody knows it!
Care to explain, how this would be possible, without mafia-like structures and the involvement of ...hmmm...let's say...THE POLICE?



I was asking about personal experience with the local "mafia". How the police deal with whoever or whatever was not mentioned.

Sent from my SM-G920F using Thaivisa Connect mobile app

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On ‎2‎-‎3‎-‎2017 at 6:52 AM, lucky11 said:

Don't need to - just going on what the judge concluded which is that the DNA evidence was what convicted them!!

But how can that be the case. There was no dna on the murder weapon that belonged to either of the two defendants. If it was dna evidence that got them convicted, that conviction needs to be overturned.

 

Guilty or not, any guilt needs to be proven beyond a reasonable doubt.

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I am wondering if the defense have woken up. I seriously doubt anyone will donate more money to their cause. 

Are they going to be evil enough to continue to lead these 2 men in a fantasy to freedom? ?

Or will they do the right thing and tell those 2 rotters to fess up and beg the supreme Court for mercy and reduction in sentence because of their age? ?

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4 hours ago, greenchair said:

I am wondering if the defense have woken up. I seriously doubt anyone will donate more money to their cause. 

Are they going to be evil enough to continue to lead these 2 men in a fantasy to freedom? ?

Or will they do the right thing and tell those 2 rotters to fess up and beg the supreme Court for mercy and reduction in sentence because of their age? ?

Your sarcasm is a clear sign of YOUR evil personality IMO.

What personal interest makes you such a hardliner in this case, even if already discussed how many mistakes, irregularities and NO Go`s happened  in the so called investigations??

Alone the fact , that the Appeal was hold from the same judge as in the first instance should make you at least a little bit sceptic.

 

But you instead continue bashing on them and their defense ??

 

At this point, when will YOU wake up , regards the whole scenario ????

 

Just a short reminder , how the case was handled in the very begin  :

 

 

http://englishnews.thaipbs.or.th/one-tourist-murder-suspect-now-arrested-another-run/

The police have arrested a suspect in the murder of two British tourists in Koh Tao and are still hunting for a second suspect who has escaped into Bangkok.
 

Eighth Region Police Command commissioner Pol Lt-Gen Panya Mamen identified the first suspect as Mon.

 

He is the brother of a village headman in Koh Tao.

 

He was arrested after evidence which police collected were examined and proved he was involved, he said.

He also said another suspect is also a son of that village headman. But he has already to Bangkok.

 

Now , maybe you should start thinking about the  case from the very begin on, and give some explain why the "investigations" was directed in a completely different direction , after the statement from  the famous general ???

 

 

 

 

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8 hours ago, thetruth revealer said:

Your sarcasm is a clear sign of YOUR evil personality IMO.

What personal interest makes you such a hardliner in this case, even if already discussed how many mistakes, irregularities and NO Go`s happened  in the so called investigations??

Alone the fact , that the Appeal was hold from the same judge as in the first instance should make you at least a little bit sceptic.

 

But you instead continue bashing on them and their defense ??

 

At this point, when will YOU wake up , regards the whole scenario ????

 

Just a short reminder , how the case was handled in the very begin  :

 

 

http://englishnews.thaipbs.or.th/one-tourist-murder-suspect-now-arrested-another-run/

The police have arrested a suspect in the murder of two British tourists in Koh Tao and are still hunting for a second suspect who has escaped into Bangkok.
 

Eighth Region Police Command commissioner Pol Lt-Gen Panya Mamen identified the first suspect as Mon.

 

He is the brother of a village headman in Koh Tao.

 

He was arrested after evidence which police collected were examined and proved he was involved, he said.

He also said another suspect is also a son of that village headman. But he has already to Bangkok.

 

Now , maybe you should start thinking about the  case from the very begin on, and give some explain why the "investigations" was directed in a completely different direction , after the statement from  the famous general ???

 

 

 

 

That news piece was only 8 days after the murder. The police were under immense pressure to produce a suspect. Some helpful islanders made some story about a village mafia and mamen spouted his big mouth too soon. Those people have since sued every newspaper and won quite a bit of dosh for it too I might add. 

The whole case broke when Wei Phyo friend told about the phone. 

He was then caught on the run. 

After that all the pieces fell into place. As the Miller family said, they changed their confession when they heard about the story in the media. 

Rave on all you like. 

The court has made its decision. Even if they won at supreme, which I doubt.They will spend a good few years in there to think about this. 

 

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56 minutes ago, greenchair said:

That news piece was only 8 days after the murder. The police were under immense pressure to produce a suspect. Some helpful islanders made some story about a village mafia and mamen spouted his big mouth too soon. Those people have since sued every newspaper and won quite a bit of dosh for it too I might add. 

The whole case broke when Wei Phyo friend told about the phone. 

He was then caught on the run. 

After that all the pieces fell into place. As the Miller family said, they changed their confession when they heard about the story in the media. 

Rave on all you like. 

The court has made its decision. Even if they won at supreme, which I doubt.They will spend a good few years in there to think about this. 

 

Please tell us who "those people" have sued and when?

 

<removed>

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1 hour ago, greenchair said:

That news piece was only 8 days after the murder. The police were under immense pressure to produce a suspect. Some helpful islanders made some story about a village mafia and mamen spouted his big mouth too soon. Those people have since sued every newspaper and won quite a bit of dosh for it too I might add. 

The whole case broke when Wei Phyo friend told about the phone. 

He was then caught on the run. 

After that all the pieces fell into place. As the Miller family said, they changed their confession when they heard about the story in the media. 

Rave on all you like. 

The court has made its decision. Even if they won at supreme, which I doubt.They will spend a good few years in there to think about this. 

 

 

And with this one single post, greenchair gives her game away.

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1 hour ago, greenchair said:

That news piece was only 8 days after the murder. The police were under immense pressure to produce a suspect. Some helpful islanders made some story about a village mafia and mamen spouted his big mouth too soon. Those people have since sued every newspaper and won quite a bit of dosh for it too I might add. 

The whole case broke when Wei Phyo friend told about the phone. 

He was then caught on the run. 

After that all the pieces fell into place. As the Miller family said, they changed their confession when they heard about the story in the media. 

Rave on all you like. 

The court has made its decision. Even if they won at supreme, which I doubt.They will spend a good few years in there to think about this. 

 

Your claim, that the Police was under massive pressure, and thats why they suspected MON, doesnt make sense at all.

Why exactly would such a well connected person on this Island like him be the choosen one , if not any evidences available yet???

 

Your story doesnt make sense.

 

How you explain all the other irregularities?

That Scottish guy , who was threaten with death , at 7-11 Shop ,from said  MON and a well known Police Man on the Island??

 

Live Video is on Youtube as well !!

 

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"those people" sent out the usual Thai threats via the usual sauces, including the Chief of Police of Thailand.......people in high places indeed!!!!

A lot of threats were made during a very public, DNA test, is this what you are talking about?

 

If so, those said threats raised a lot more questions than answers.

 

If they have successfully sued any organization or individual , please share the news.

 

 

 

Edited by MorristheRunt
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11 minutes ago, MorristheRunt said:

The island of Koh Tao is a corrupt, lawless island as the story headlining todays Bangkok Post shows.

 

 

And surely many visitors, long term, would confirm that too.

The whole diving Industry there is based on illegal work, since decades , and the biggest population group are Burmese workers, which stay there enslaved and abused from Police and local Mafia Families. 

Many of the Bungalows Resorts along the beach towards Sairee are all illegally built , directly at the Beach , which is clearly against Thai Law.

Most of the foreign Dive Guides are without WP and stay on TR or ED Visas, i know it for sure , because i was there several months...

 

 

And, now, such island is generating Millions after Millions, why would they jail such a important Business Owner like the suspect Mon in the first instance ???

 

The financial benefits obviously overweighted the life of two foreign tourists.

 

 

 

 

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On ‎3‎/‎2‎/‎2017 at 1:20 AM, smedly said:

- then there is the Hoe which was missing from the beach from a spot a considerable distance away from the crime scene and yet a certain person was able to conclude from its absence that - first of all it was missing and that it was the murder weapon!!!!!!!!! this was very early in the morning before any investigation had even started - oh and the person that removed the hoe is also now missing along with the Roti seller interpreter - go figure

then we see certain people in a certain bar play acting and making fun  with a makeshift hoe on facebook like it was some big joke and you'll never catch us - disgraceful
 
How did the headmans brother Mon know the absent hoe was the murder weapon especially since it was missing from the beach before the police even arrived early in the morning - how did he know to go look for it and have it placed "back" under the tree were the police later found it - where is the gardener/handyman that removed it - oh yes gone and his DNA should have been all over it because he used it every day 

this is a real beauty - where is that hoe

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The confirmation by the Court of Appeal of the conviction and death sentence of the two Burmese men, Wai Phyo and Zaw Lin, for the murders of Hannah Witheridge and David Miller on the Thai island of Koh Tao will not have surprised many.

The fact that the appeals court ruling was read out in secret and the lawyers told about it later is, in the context of the Thai court system while barely credible, may also have raised a few eyebrows.
But neither should be great surprises in the context of the Thai judicial system.

The fact that the 200-page appeal was dismissed (*in which it was argued there was no legal DNA evidence on the killers on Hannah or David; no evidence linking a mobile phone of the victims to the Burmese, no evidence of rape, no evidence of DNA evidence of the accused on the murder weapon, a hoe, but DNA evidence of other male persons) only indicates that the Thai courts are following a predetermined course.

 

Here is a translated summary of the major points of the appeal by defence lawyer Nadthasiri Bergman LL.M.

 

A 198-page appeal on behalf of the accused Burmese defendants in the Koh Tao murder trial has been filed with the Region 8 Court of Appeals on Koh Samui, Thailand. I regret that the pro bono defence team does not have the $5,500 budget necessary to pay for a proper translation into English. 
This ground-breaking case is the first in the history of the Thai justice system where police forensic evidence was challenged by the defence and forced to be independently retested. As we feel it is vitally important the content of this public document be made known to the world at large, I have summarized and translated several of the strongest points of the defence’s arguments into English, and mention a few points of concern not addressed in the appeal as well.
Police claimed DNA collected from the scene was sent to Singapore for testing and determined the suspects were Asian. Thai police experts later stated this race determination was only revealed by testing at Prince of Songkla University hospital lab twenty days after the suspects were arrested. It was later revealed DNA samples were never sent to Singapore. Regardless, this set the stage for racial profiling of potential suspects.
The defendants were arrested on unrelated charges, questioned about the murder before having 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.
DNA samples from both accused were collected without consent and before they were informed of the murder charges.
During interrogation, police appointed a hostile interpreter who could not read Thai. The defendants were never properly advised of the murder charges nor their rights under Thai law.
Both accused testified they were stripped naked by police during interrogation and physically assaulted including punching, kicking, plastic bags over their heads, genital attack etc. Wound and bruise evidence of torture was confirmed by three doctors and one detainee witness.
Chain of custody of mobile phone was never provided, no photo of where it was found etc.
Fingerprints of the accused on the mobile phone identified as belonging to one of the victims were never produced as evidence, raising the question of whose fingerprints may have been found on the phone. In fact, there was no forensic evidence presented by the prosecution connecting the mobile phone to the accused.
Prosecution claims the accused motive for murder was arousal as a result of encountering the victims having sexual intercourse on the beach. The small abrasion found in the victim’s vagina during autopsy could easily have been a result of sexual intercourse between the victims.
Thai autopsy was not able to determine if intercourse had taken place before or after death. Therefore, prosecution was not able to prove rape had taken place.
Thai autopsy results for both victims was only a four page typed summary by the doctor. The legally required autopsy file documenting the procedure with step-by-step photos and point-by-point analysis was never presented.
In stark contrast, the British autopsy report fully documented and presented the entire procedure with step-by-step photos and point-by-point analysis by the forensic pathologist in charge.
The incision discovered inside the victim’s vagina was determined by British autopsy to have been caused during the Thai autopsy, not a result of sexual assault.
DNA files presented had the accused names on them rather than a proper sample reference number. This is not possible without pre-knowledge of who’s DNA the sample being tested belonged to.
Retesting of the handle of murder weapon found DNA matching the male victim, but DNA matching neither of the accused was discovered. Originally police claimed there was no DNA evidence found on the handle of the murder weapon.
After results of DNA found on the handle of the murder weapon was disclosed in court to be from the male victim, prosecution admitted they had also found DNA matching the male victim on the handle of the murder weapon, but no DNA matching the accused. This case damaging evidence had not been introduced by the prosecution and raises the question of what other potentially case damaging evidence may have been withheld such as clothes of the victims allegedly not tested for DNA and why blood in the sand at the murder scene allegedly produced no DNA results, etc.
Multiple procedures are required to meet ISO 17025 international standards in DNA testing. The chain of custody, method of testing, graph generated and case notes resulting in the analysis report produced are all required to allow an independent expert to verify the results. Only the results of the test without any required supportive documents was provided by the prosecution witness.
Police claimed a 100% DNA match with the accused from samples allegedly taken from the victim’s body. This is scientifically impossible in any forensics testing laboratory anywhere in the world. For example, swabs taken from the victim would contain a minimum of three different DNAs producing what is known as a “mixed sample”. Mixed samples can be the most difficult to interpret, and from which a 100% match is never possible.
Thai forensic scientist Dr. Porntip’s DNA testing listed the statistical probability of a match on the results report. None of the prosecution’s DNA results presented indicated a statistical probability on the results reports. The “100% match” was only delivered verbally in court by a prosecution witness.
Above are the main points argued by the defence team as to why the two accused should be found not guilty. There were other important points about the case which were not included as part of the defence’s appeal such as;
CCTV footage of the only pier with boats leaving the island in the hours immediately after the murders was allegedly not examined by police. The accused already admitted they were in the vicinity at the time of the murders, therefore this important point had nothing to do with evidence presented in court related to the accused so it was not included in the appeal;
Blond hairs found in Hannah’s hand were confirmed in court to not belong to either of the victims or the accused. Since the hair was not evidence linking the accused to the crime, it was not included as part of the appeal. While it is direct evidence linking someone else to the crime, the question of who the hair belonged to remains a mystery and an important point, but not one the defence could use in the appeal.
It is the opinion of the defence team that the prosecution’s requirement of proving guilt beyond a shadow of a doubt has clearly not been met. The defence believes this case should be dismissed and the defendants immediately released from custody.

Sincerely,

Nadthasiri Bergman LL.M. Esq.""

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11 minutes ago, stephenterry said:

The confirmation by the Court of Appeal of the conviction and death sentence of the two Burmese men, Wai Phyo and Zaw Lin, for the murders of Hannah Witheridge and David Miller on the Thai island of Koh Tao will not have surprised many.

The fact that the appeals court ruling was read out in secret and the lawyers told about it later is, in the context of the Thai court system while barely credible, may also have raised a few eyebrows.
But neither should be great surprises in the context of the Thai judicial system.

The fact that the 200-page appeal was dismissed (*in which it was argued there was no legal DNA evidence on the killers on Hannah or David; no evidence linking a mobile phone of the victims to the Burmese, no evidence of rape, no evidence of DNA evidence of the accused on the murder weapon, a hoe, but DNA evidence of other male persons) only indicates that the Thai courts are following a predetermined course.

 

Here is a translated summary of the major points of the appeal by defence lawyer Nadthasiri Bergman LL.M.

 

A 198-page appeal on behalf of the accused Burmese defendants in the Koh Tao murder trial has been filed with the Region 8 Court of Appeals on Koh Samui, Thailand. I regret that the pro bono defence team does not have the $5,500 budget necessary to pay for a proper translation into English. 
This ground-breaking case is the first in the history of the Thai justice system where police forensic evidence was challenged by the defence and forced to be independently retested. As we feel it is vitally important the content of this public document be made known to the world at large, I have summarized and translated several of the strongest points of the defence’s arguments into English, and mention a few points of concern not addressed in the appeal as well.
Police claimed DNA collected from the scene was sent to Singapore for testing and determined the suspects were Asian. Thai police experts later stated this race determination was only revealed by testing at Prince of Songkla University hospital lab twenty days after the suspects were arrested. It was later revealed DNA samples were never sent to Singapore. Regardless, this set the stage for racial profiling of potential suspects.
The defendants were arrested on unrelated charges, questioned about the murder before having 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.
DNA samples from both accused were collected without consent and before they were informed of the murder charges.
During interrogation, police appointed a hostile interpreter who could not read Thai. The defendants were never properly advised of the murder charges nor their rights under Thai law.
Both accused testified they were stripped naked by police during interrogation and physically assaulted including punching, kicking, plastic bags over their heads, genital attack etc. Wound and bruise evidence of torture was confirmed by three doctors and one detainee witness.
Chain of custody of mobile phone was never provided, no photo of where it was found etc.
Fingerprints of the accused on the mobile phone identified as belonging to one of the victims were never produced as evidence, raising the question of whose fingerprints may have been found on the phone. In fact, there was no forensic evidence presented by the prosecution connecting the mobile phone to the accused.
Prosecution claims the accused motive for murder was arousal as a result of encountering the victims having sexual intercourse on the beach. The small abrasion found in the victim’s vagina during autopsy could easily have been a result of sexual intercourse between the victims.
Thai autopsy was not able to determine if intercourse had taken place before or after death. Therefore, prosecution was not able to prove rape had taken place.
Thai autopsy results for both victims was only a four page typed summary by the doctor. The legally required autopsy file documenting the procedure with step-by-step photos and point-by-point analysis was never presented.
In stark contrast, the British autopsy report fully documented and presented the entire procedure with step-by-step photos and point-by-point analysis by the forensic pathologist in charge.
The incision discovered inside the victim’s vagina was determined by British autopsy to have been caused during the Thai autopsy, not a result of sexual assault.
DNA files presented had the accused names on them rather than a proper sample reference number. This is not possible without pre-knowledge of who’s DNA the sample being tested belonged to.
Retesting of the handle of murder weapon found DNA matching the male victim, but DNA matching neither of the accused was discovered. Originally police claimed there was no DNA evidence found on the handle of the murder weapon.
After results of DNA found on the handle of the murder weapon was disclosed in court to be from the male victim, prosecution admitted they had also found DNA matching the male victim on the handle of the murder weapon, but no DNA matching the accused. This case damaging evidence had not been introduced by the prosecution and raises the question of what other potentially case damaging evidence may have been withheld such as clothes of the victims allegedly not tested for DNA and why blood in the sand at the murder scene allegedly produced no DNA results, etc.
Multiple procedures are required to meet ISO 17025 international standards in DNA testing. The chain of custody, method of testing, graph generated and case notes resulting in the analysis report produced are all required to allow an independent expert to verify the results. Only the results of the test without any required supportive documents was provided by the prosecution witness.
Police claimed a 100% DNA match with the accused from samples allegedly taken from the victim’s body. This is scientifically impossible in any forensics testing laboratory anywhere in the world. For example, swabs taken from the victim would contain a minimum of three different DNAs producing what is known as a “mixed sample”. Mixed samples can be the most difficult to interpret, and from which a 100% match is never possible.
Thai forensic scientist Dr. Porntip’s DNA testing listed the statistical probability of a match on the results report. None of the prosecution’s DNA results presented indicated a statistical probability on the results reports. The “100% match” was only delivered verbally in court by a prosecution witness.
Above are the main points argued by the defence team as to why the two accused should be found not guilty. There were other important points about the case which were not included as part of the defence’s appeal such as;
CCTV footage of the only pier with boats leaving the island in the hours immediately after the murders was allegedly not examined by police. The accused already admitted they were in the vicinity at the time of the murders, therefore this important point had nothing to do with evidence presented in court related to the accused so it was not included in the appeal;
Blond hairs found in Hannah’s hand were confirmed in court to not belong to either of the victims or the accused. Since the hair was not evidence linking the accused to the crime, it was not included as part of the appeal. While it is direct evidence linking someone else to the crime, the question of who the hair belonged to remains a mystery and an important point, but not one the defence could use in the appeal.
It is the opinion of the defence team that the prosecution’s requirement of proving guilt beyond a shadow of a doubt has clearly not been met. The defence believes this case should be dismissed and the defendants immediately released from custody.

Sincerely,

Nadthasiri Bergman LL.M. Esq.""

That statement says everything anyone needs to know about this whole case.

 

AN UTTER AND TOTAL SETUP......THE NATION OF THAILAND HAS ALOWED TWO FOREIGN GUESTS TO BE BRUTALY MURDERED AND ALOWED THIER PERPOTRATORS TO GET AWAY WITH MURDER.

 

And to complete this evil deed , they are going to execute 2 innocent men.

 

ALL IN THE NAME OF MONEY

 

WHAT AN EVIL NATION

Edited by MorristheRunt
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1 hour ago, MorristheRunt said:

The lost iPhone is the key to this case, find that, locate the owner and you have one of the real perpetrators.

 

I wonder if the "person of interest" had to buy a new phone on his hurried journey back to Bangkok?

 

 

it is possible but as I have said many times only the police know which phone was which and nobody can prove either way, it is simply their word - what they failed to do was investigate one of them or disclose the identity of the owner

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4 minutes ago, smedly said:

it is possible but as I have said many times only the police know which phone was which and nobody can prove either way, it is simply their word - what they failed to do was investigate one of them or disclose the identity of the owner

NO, they knew exactly who's phone that was, even the RTP aren't that incompetent.

 

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2 hours ago, MorristheRunt said:

The island of Koh Tao is a corrupt, lawless island as the story headlining todays Bangkok Post shows.

What does it say?

 

(As a non subscriber I looked and saw nothing relating to KT)

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2 minutes ago, evadgib said:

What does it say?

 

(As a non subscriber I looked and saw nothing relating to KT)

We are not allowed to show links on here, but it's there......Illegal building's/resorts etc....just the tip of a giant festering ice berg.

 

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The guilty decision was pretty well expected by those expats who have lived in Thailand for some time and who know how the country works. All the same, it brings a great deal of sadness to my heart.

 

It doesn’t make it any easier when I try to convince myself that this is only to be expected because corruption and lies are woven into the very fabric of Thai society, with the wealthy and well-connected being untouchable in most cases.

 

The Royal Thai police have been found to be the most corrupt agency in Thailand and even the current ruling body creates its own “untouchability” by not allowing its members to be investigated for “unusual wealth” or following up on cases of people trafficking.

 

The wealthy and the elite amass even more money and power at the expense of the “working class Thais” whilst deliberately keeping the education system on the most basic of levels so that its power base will not be challenged.

 

The “one rule for the rich, one rule for the poor” scenario is evident for all to see and plays out time and time again in this sorry country.

 

The sad thing is that it won’t change any time soon, because as I said above, corruption, lies and deceit are all part of the fabric of Thai society and whilst that is controlled by people from on high, this place will remain a sorry excuse for a civilised country.
 

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2 minutes ago, MorristheRunt said:

We are not allowed to show links on here, but it's there......Illegal building's/resorts etc....just the tip of a giant festering ice berg.

 

That story is several days old.

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33 minutes ago, evadgib said:

Since when has a direct lift from Drummond been allowed?

 

Give him the credit at least!

Actually, it was lifted from my Facebook page with Heidi Ann requesting 'please share'. Apologies everyone for me not attributing the translated defence lawyer's appeal post to Andrew Drummond.

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22 minutes ago, MorristheRunt said:

Several days old?, so that makes it a lie?

 

On another thread here on TVF is a story of a Russian girl gone missing from Koh Tao. Over 15 days now and the news article only surfaced today. Seems like Koh Tao and bad publicity don't gel.

 

So, being cynical it could be that death island has struck again.  

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