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Appeals Court upholds death penalty for Koh Tao murders


Jonathan Fairfield

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14 minutes ago, greenchair said:

Yahoo. Guilty as sin. 

Justice was served for hannah who was left lying on the beach with her brain smashed to bits and violated in the worst possible way. 

I hope people give a thought for her whilst dishing out sympathy for those 2 sods. 

Well done thai police. 

Guilty as they had a part in the murders but you and I both know they were not the ones who murdered Hanna and David.

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3 minutes ago, Hutch68 said:

Guilty as they had a part in the murders but you and I both know they were not the ones who murdered Hanna and David.

Sorry, I do actually think they were there, they did it,  and they are playing on peoples vulnerability. 

I do however believe there were at least 3 or possibly 4 on the beach that night. One hauled his sorry arse to myerma and the other one is in a country with no extradition treaty with thailand. 

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1 minute ago, DiscoDan said:

 

No actually looked into the case unlike you,

I don't think their is any thing left that I have not looked into about this case and the amount of conversations I have had with my thai friends, they all think the same it's clear as day and that's including the police.

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1 minute ago, greenchair said:

Sorry, I do actually think they were there, they did it,  and they are playing on peoples vulnerability. 

I do however believe there were at least 3 or possibly 4 on the beach that night. One hauled his sorry arse to myerma and the other one is in a country with no extradition treaty with thailand. 

I think there was many more than that. If not why did they all leave the Island?

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This travesty of justice cries out for genuine justice. 

It doesn't look as though it is going to come.

 

For any decent human being, with a sense of real justice, this case has been really, dreadfully painful and heartbreaking to observe. 

I am sure that many of us feel that no word of disgust can express 'adequately' or 'reliably' enough what we feel about the scum who wield such perverted power in this land. 

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49 minutes ago, darksidedog said:

Let me just question that for one moment.

The DNA on the murder weapon did not belong to either of them, so how did they do the murder?

The other DNA evidence was discredited by the countrys leading expert. Wrongly handled, wrongly stored, incorrectly processed for the "match."

There was no other evidence against them.

Please tell us your logic as to how the verdict is safe.

 

There were 2 profiles on the hoe, one was a full profile which matched David Miller the other one was only a partial profile this matched Wai Phyo.

 

Jane Taupin was the second dna expert that the defense had and neither took the stand, this decision was made by the defense and not the prosecution !

 

The Defence did a last minute U turn and decided not to retest the dna from Hannah, they also did not challenge the dna match.

 

When the dna witness took the stand she told the defense they have a policy of not showing  documents of suspects dna profiles, this is when the defense should of sought a court order but they failed to do this.

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1 hour ago, cyberfarang said:

No point in speculating because the fate of the B2 has already been decided. Now it`s just a toss of the coin whether it will be a life sentence or the death penalty. Whichever way this goes the B2 will never see freedom again.

They may get a pardon later on.  .....from death to life sentence or decades.  Long enough for the statute of limitations to run out for nailing the real criminals.

 

1 hour ago, DiscoDan said:

The right decision shame people still believe the lies that the activists have told.

        I feel no shame for calling the two Burmese scapegoats, and calling the Headman's son the killer.  Additionally, I feel no shame in knowing the Headman, his brother, the police, the government and the so-called justice system are all standing shoulder-to-shoulder to nail the scapegoats in order to shield the real criminals.  I have studied this case in minute detail from the first hour it broke, on September 16, 2014.  I and many others have no doubt whatsoever that the wrong guys were convicted.  

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4 minutes ago, DiscoDan said:

 

There were 2 profiles on the hoe, one was a full profile which matched David Miller the other one was only a partial profile this matched Wai Phyo.

 

Jane Taupin was the second dna expert that the defense had and neither took the stand, this decision was made by the defense and not the prosecution !

 

The Defence did a last minute U turn and decided not to retest the dna from Hannah, they also did not challenge the dna match.

 

When the dna witness took the stand she told the defense they have a policy of not showing  documents of suspects dna profiles, this is when the defense should of sought a court order but they failed to do this.

Two profiles on the hoe? Care to elaborate what you are referring to?

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21 minutes ago, Hutch68 said:

I think there was many more than that. If not why did they all leave the Island?

And why did that guy on the running man video that is clear to me to be one of the 4 you are talking about run down that street? I'll tell you because he was told to by his Thai boss.

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25 minutes ago, Hutch68 said:

And why did that guy on the running man video that is clear to me to be one of the 4 you are talking about run down that street? I'll tell you because he was told to by his Thai boss.

 

IMG_1488372398792I.jpg

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50 minutes ago, Eligius said:

This travesty of justice cries out for genuine justice. 

It doesn't look as though it is going to come.

 

For any decent human being, with a sense of real justice, this case has been really, dreadfully painful and heartbreaking to observe. 

I am sure that many of us feel that no word of disgust can express 'adequately' or 'reliably' enough what we feel about the scum who wield such perverted power in this land. 

and don't forget the scum who totally gruesome killed David and Hannah

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The General has blood on his hands, the verdict was never going to change, he had put his reputation ( for what its worth) on the verdict.

 

Shameful , sham investigation and trial.

 

A shameful episode in Thai history and the destruction of 4 innocent lives.

 

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2 minutes ago, MorristheRunt said:

The General has blood on his hands, the verdict was never going to change, he had put his reputation ( for what its worth) on the verdict.

 

Shameful , sham investigation and trial.

 

A shameful episode in Thai history and the destruction of 4 innocent lives.

 

You are talking of Somyot, the police general who staged that theater to whitewash the headman' son ?

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There is a reason why standards and procedures exist in Justice Systems and must be followed otherwise the outcomes produced when they are not strictly followed are flawed and will not be useable.
The Thai police know this full well, it is exactly why certain pieces of evidence and claimed evidence have been discarded or lost or never existed,  they never expected to be called out on such matters, but never the less these issues cannot be ignored - maybe Thailand Authorities are ignoring them but we certainly are not.
What really bothers me is the stuff that is missing or has been omitted
- Davids injuries are as yet unexplained - the small puncture wounds clearly visible on his body and yet they have been generally ignored, it is the primary duty of a pathologist to conclude how these may have happened and what type of instrument caused them, it is also possible that David was clothed when he was fighting for his life, his clothes will also have damage dna and blood stains and yet - where is this critical evidence - the clothing of the two victims is gone - maybe they were taken to the laundry that morning to be cleaned because they were in such a mess 
- we all know about the missing DNA original samples
- were is the iPhone found at the crime scene, who did it belong too 
- Police were able to show cctv images from all over the place from before the crimes took place and yet there is nothing post crime except for the leaked running man video released to the public by the original investigation team before they were suddenly removed. I suspect there was a lot more cctv footage that was quickly destroyed because it implicated other certain people as claimed by the original removed investigation team.
Why is there no footage of the accused leaving the crime scene ??? surely it exists if they did indeed do this, maybe there was footage but it didn't implicate B2
- Why were police denied access to cctv footage from the bar were the two victims were supposed to have been before they were murdered, there was also a strong belief that an altercation took place there earlier that evening involving one of the victims. 

- 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
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replicated DNA that was being offered to the defense for retesting is not an original sample, there is no way to tell if this dna came from slaiva - sperm - blood etc it has already been processed and extracted, it is absolutly usless to make a confirmation match in a criminal case, a criminal case involves matching dna from a crime scene to an accused, i.e. 2 sets of dna to be compared from two sources, extracted or processed dna could be from the same sample i.e. the accused saliva
 
It would be like taking another saliva sample from the B2 and comparing it with a saliva sample taken earlier - absolutely useless at proving anything
 
This is why I keep repeating (and certain people keep ignoring)that in order to do a confirmation dna retest,
 
************only the original samples taken from the victim can be used************
A simplistic example of something similar -
- Police say they test a handgun they found in the accused possession and it is a ballistic match to the bullet that killed a murder victim.
- The defence say we don't believe you we want to test that evidence ourselves
- Oh sorry we don't have the gun or bullet anymore
- court rules the evidence as inadmissible ..............................end of case
It really is as simple as that, police cannot simply make claims about physical evidence without producing it, and that accounts for pretty much everything - cctv - weapons - dna - various samples , IT COVERS ALL "PHYSICAL" EVIDENCE...............NO EXCEPTIONS
 
The offer from the prosecution was a ploy and the defence obviously under advisement - declined
 
but they should have made more of this and demanded the original samples even though a prosecution witness had already testified they no longer existed and shortly after that we had the police chief claiming they still had them, that point is still not clear
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boomerangutang, on 30 Dec 2015 - 22:47, said

It's entirely possible that there was never any DNA found in Hannah. Brit forensics didn't find any. Thai forensics said they did and very quickly (and gleefully) claimed with certainty that it matched the scapegoats. Yet what has Thai forensics done right in their entire activity in this case? They lost Hannah's clothes. They lost the hair. They didn't find any DNA on the hoe, but Pontip's team did. They claim Nomsod's DNA is nowhere to be found at the crime scene, yet one of the head investigators couldn't say for sure whether Nomsod's DNA was ever typed, and if so, he was sure RTP didn't have any remaining DNA from him. Regardless, RTP wouldn't share DNA data with Brit experts. Thai forensics didn't notice any of the stab wounds on David. What has Thai forensics done right in this case? That's a real question.
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jucel, on 02 Jan 2016 - 18:56, said:

DNA Failings
1. It consists of a one page table replete with hand written amendments, date changes and data alterations. This document would NOT be admissible in any court in the UK, Australia, USA, EU, Hong Kong, Malaysia or Singapore.
2. It is NOT supported by any case notes, chain-of-custody records, nor statistics based on validated population data bases. The omission of that information is a COMPLETE abrogation of international ISO 17025 standards and would lead to a FULL audit of the police laboratory by an international accreditation agency!

3. The table has been used to match DNA components, which is an extreme oversimplification of the entire DNA process! It relies on single alleles rather than genotypes. (An allele is ONE of a pair of genes that appear in ONE part of a chromosome that help to determine heredity traits.)
4. Because there is NO statistical analysis to determine the probability of the stated frequencies in the table, it is absolutely NOT possible to determine the likelihood of the accused as being the contributors to the mixture! There, in fact, could be a VERY large number of other individuals who could NOT be ruled out as contributors!
5. It is, therefore, COMPLETELY erroneous (wrong) to claim a DNA match on the basis of the position of mere alleles on a DNA molecule without statistics to determine the probability!
For these reasons, it CANNOT be said (from any kind of scientific or legal standpoint) that there was a match between the DNA from the semen the police alleged to have and the DNA that was (forcibly, without consent or legal representation) retrieved from the two accused! Basing the conviction on COMPLETELY flawed DNA evidence has resulted in an EXTREME miscarriage of justice!
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2 hours ago, darksidedog said:

Let me just question that for one moment.

The DNA on the murder weapon did not belong to either of them, so how did they do the murder?

The other DNA evidence was discredited by the countrys leading expert. Wrongly handled, wrongly stored, incorrectly processed for the "match."

There was no other evidence against them.

Please tell us your logic as to how the verdict is safe.

The above will have absolutely no effect on the Koh Tao mafia apologists, one could nearly say  they are a paid to post group, just look back into the past history on TV and their pathetic one sided "they are guilty" arguments - easy to see the manipulated thinking and posts.   .

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39 minutes ago, smedly said:

 

DNA remnants not replicated 

 

Definition : a remaining usually small part, quantity number or the like 

 

http://www.khaosodenglish.com/news/crimecourtscalamity/2015/12/25/1451042373/

 

However, the defense team eventually abandoned the idea of the retest, saying they were unsure whether the DNA remnants would still make for an accurate retest.

 

http://www.greatyarmouthmercury.co.uk/news/defence_team_reverse_demands_to_retest_dna_found_on_body_of_hannah_witheridge_1_4204183

 

the lead defence lawyer said today that it would no longer serve any useful purpose and they believe their own experts will effectively discredit the prosecutions’ case.

Nakhon Chomphuchat intimated that control of the re-testing procedure was the issue, as the results would not be directly returned to the defence, but to the police and then the court.

 

 

 

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A go Fund me campaign could raise the profile of these chaps and allow for the best defence. God knows they need it and a big splash of publicity do no harm for them.

Edited by Rc2702
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2 hours ago, DiscoDan said:

 

There were 2 profiles on the hoe, one was a full profile which matched David Miller the other one was only a partial profile this matched Wai Phyo.

 

Jane Taupin was the second dna expert that the defense had and neither took the stand, this decision was made by the defense and not the prosecution !

 

The Defence did a last minute U turn and decided not to retest the dna from Hannah, they also did not challenge the dna match.

 

When the dna witness took the stand she told the defense they have a policy of not showing  documents of suspects dna profiles, this is when the defense should of sought a court order but they failed to do this.

"CIFS forensic science officer Worawee Waiyawuth said laboratory testing found traces of Ms Witheridge's DNA on the handle, while her blood was found on the blade.

A full DNA match for David Miller was also found on the handle, along with an incomplete profile for a third male.

Mr Waiyawuth said a quarter of the indicators from one of the suspects matched the partial profile but that did not mean he could be included as a suspect."

 

So, it did not match. You have a quarter ot he indicators, or 25%. It has to be 99.99999%. Partial profile means absolutely notthing as thousands of people will have a quarter.

Any reasonable person in a REAL court of law will not waste the courts time, with expert witnesses, after the Prosecution witness said the DNA results the police were offering were unreliable.

Should have been all over. But, this was a stitch up and the verdict was predetermined.

The defence did challenge all of the DNA. That was the only evidence, apart from a retracted "confession" beaten out of them, so it would have been pointless them turning up if they didn't.

Sorry about that.

Edited by darksidedog
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28 minutes ago, Rc2702 said:

A go Fund me campaign could raise the profile of these chaps and allow for the best defence. God knows they need it and a big splash of publicity do no harm for them.

I wondered when the --they are innocent, let's set up a donation for them would rear it's ugly head. Maybe the funds could be added to the last millions of baht that was donated. 

Oh. ...what's that I hear. ..

That money has disappeared? 

 

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3 hours ago, greenchair said:

Yahoo. Guilty as sin. 

Justice was served for hannah who was left lying on the beach with her brain smashed to bits and violated in the worst possible way. 

I hope people give a thought for her whilst dishing out sympathy for those 2 sods. 

Well done thai police. 

I have to disagree with you greenchair.

I'm just not keen on the death penalty. What if over time new evidence comes to light? Just my opinion. I'm a skeptic and not 100% sure on whether they were guilty or not. Worth reducing the sentence to life imprisonment to let the case stay open to more future development that may or may not happen. Basically the prosecution didn't convince me enough that these two men killed the two British backpackers.

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         Once Thai officialdom decided scapegoats must be nailed, then the game was over. No amount of logic or science or reasonable arguments were going to change the desired outcome.

Thai officialdom has spoken.  The same Thai officialdom which said they had video of boats leaving the island that morning, but didn't even bother watching the video(s) (of course those videos, and a lot of other footage, is gone forever. Destroyed).  Same with 60+ hours of videos on walkways and near the clubs where the real murderers hang out.  Why bother looking for evidence when it was a foregone conclusion - once it was decided there would be scapegoats.

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