Thread: Two Tourists Brutally Murdered on Koh Tao, One Raped: Police Spark Thailand Manhunt

Originally Posted by Chittychangchang

A Thai court has accepted the final possible request to extend the appeal deadline for two Burmese migrant workers sentenced to death for the murder of a pair of British backpackers on Thailand’s Koh Tao island in 2014.

The court accepted the request from the Lawyers Council of Thailand on Tuesday, moving the deadline to May 23, said Aung Myo Thant, a lawyer for an investigation team formed by the Burmese Embassy in Bangkok.

“We have requested an extension for the appeal deadline because we have not yet finished gathering all the information we need for the case. We will continue gathering information since the request has now been accepted. But the court has warned that this is the last time [that such a request would be granted],” Aung Myo Thant told The Irrawaddy.

This is the fourth time the lawyers, acting on behalf of the convicted Burmese migrant workers, have requested an extension since the initial one-month deadline to appeal their verdict, which expired on Jan. 24.

On March 25, members of the Lawyers Council of Thailand and the Burmese Embassy investigation team went to the prison where Win Zaw Htun and Zaw Lin are being held to collect information, but the interpreter was denied access to the prison, thereby delaying the process and prompting lawyers to request an extension for the appeal deadline.

“Lawyers were allowed to see the two men, but the interpreter was not,” said Aung Myo Thant, adding that this was “legally wrong.”

“The defendants are Burmese, and the members of the Lawyers Council of Thailand are unable to communicate with them directly without an interpreter,” Aung Myo Thant said, while noting that the two appellants appeared to be in good health.

A court in Koh Samui sentenced Win Zaw Htun and Zaw Lin, both 22, to death on Dec. 24, 2015, for allegedly killing two British backpackers, David Miller, 24, and Hannah Witheridge, 23, on the island of Koh Tao. The murder occurred in September 2014.

The subsequent investigation by Thai authorities has been plagued by claims of malfeasance, including evidentiary irregularities and claims by the defendants that they were tortured while in detention.

Thai Court Sets Final Appeal Deadline for Koh Tao Murder Case

This event could signify (not cause, but signify) a pivotal moment in the histories of these two neighbours.
Thailand, with the least charismatic leadership is facing a number of serious negative national trends and may well begin to slide, as Burma, now the fastest growing country in Asia, with the most charismatic leadership is on the rise and could very realistically supplant Thailand, and co-opt everything that defines Thailand as a holiday destination and manufacturing centre.
In 20 years time, imagine a story about Thai immigrants in a wealthier Burma facing what they might describe as discrimination.

Overlordship isn't really like immigration (illegal or otherwise) is it?
The power relationship is so different...

Piss poor documentary. No mention of Nom Sod, the sudden change of police investigators or previous murder cases of trying to set up Burmese as scapegoats.

Police in Thailand may have to face an international regulator over the way they handled the investigation into the murder of British backpackers Hannah Witheridge and David Miller.

International legal and DNA forensics experts have advised Zaw Lin and Wai Phyo - the two Burmese immigrants sentenced to death over the killings - to make a formal complaint and demand a retrial.

But experts have now said the DNA investigation by the Thai Police Forensics Laboratory was at best incompetent - and in the worst case scenario framed the two men.

One of the team told the London Evening Standard: “I have spoken to the Australian Asia Pacific Laboratory Accreditation Cooperation which is willing to intervene.

“My feeling is the two young Burmese rather than being executed would be suing the authorities in a western country — and their lawyers should do that in Thailand.”

Thai beach murders: DNA investigation into death of British backpackers Hannah Witheridge and David Miller 'incompetent at best' | Asia | News | The Independent

The case is back in the international news and not going away.

What's really worrying is the Thais seem to not know or even care that the rest of the world sees them as a laughing stock and an embarrassment to the human race.

Originally Posted by Gazza

previous murder cases of trying to set up Burmese as scapegoats.

Yes....like the police in Chiang Mai (or was it Chiang Rai ? ) who actually tried to masturbate some poor Burmese bloke to extract
the DNA from his semen ?

^ They were just having a laugh...

^
So you're saying they were just pulling his plonker?

Quite literally...

Good to see it staying in the news . . . Of course they were framed.

Thai murders: Lawyers urge convicted men to demand a retrial « Jersey Evening Post

Nasty looking...
Guilty looking ...
Still lets hope at least one of them confesses, but not much chance of that when Libtard lawyers (no doubt well paid ) keep throwing them lifelines ...

Even you Blue would have to admit if this happened in australia or england it wouldnt have gone to court.Its a clear frame up.

Originally Posted by Latindancer

Originally Posted by Gazza

previous murder cases of trying to set up Burmese as scapegoats.

Yes....like the police in Chiang Mai (or was it Chiang Rai ? ) who actually tried to masturbate some poor Burmese bloke to extract
the DNA from his semen ?

Wankers!

Originally Posted by blue

Nasty looking...
Guilty looking ...

can't see it blue.

Originally Posted by bobo746

Even you Blue would have to admit if this happened in australia or england it wouldnt have gone to court.Its a clear frame up.

No and i still think they did it



Are you telling me that if

a missing phone from a murdered person was found in the bushes, broken outside a someones house, and they claimed they were too drunk to remember what happened , but later remember finding the phone, but away from the crime scene.,,,,
And
Witnessed placed them right at the murder spot sitting on a log , where their discarded cigarette was found .

They suspiciously went for a middle of the night swim ...

All that and you are claiming that in the west they wouldn't find themselves number one suspect ?

Maybe others were involved , but the Burmese have a good reason to keep quiet , hoping guilty white liberals will get them off scot free,

Blimey - this thread still going? Do you all realise that TD CIS has put in more hours, more words, more evidence, and more insight than any of the police lawyers of judges bothered to do?

Best copy them and Blue - the burmese rats did it. Case closed. Hang em up and lets forget all about it lest if affect the tourist industry.

Originally Posted by blue

a missing phone from a murdered person was found in the bushes, broken outside a someones house, and they claimed they were too drunk to remember what happened , but later remember finding the phone, but away from the crime scene.,,,, And Witnessed placed them right at the murder spot sitting on a log , where their discarded cigarette was found . They suspiciously went for a middle of the night swim ...

All police fantasy stories.

Originally Posted by pseudolus

Hang em up and lets forget all about it lest if affect the tourist industry.

Correct.

Koh Tao murder convicts appeal against their death sentence

Two Burmese migrant workers sentenced to death for the murder of two British backpackers on Koh Tao in 2014 submitted an appeal against their conviction to the Samui provincial court on Monday.

Lawyers from the Law Council of Thailand submitted the appeal together with a 200-page argument against the conviction and sentencing of Zaw Lin and Wai Phyo. They were accompanied by the two defendants’ mothers and a diplomat from the Burmese embassy in Thailand.

The two migrant workers were guilty by the court of first instance for the rape and murder of Hannah Witheridge and the murder of David Miller on Koh Tao in 2014.

Koh Tao murder convicts appeal against their death sentence - Thai PBS English News

I hope it has some effect,but i won't hold my breath.
The Cops & Judiciary won't admit to any mistakes.

Originally Posted by charleyboy

Interesting. Submitted 24th May.

Koh Tao Appeal Case Further Information from Defense |



blue, you need to check this out.

Interesting,indeed..

By Nadthasiri Bergman LL.M. Esq – 24th May 2016

Previously undisclosed information has been obtained by Thailand Justice from one of the defense lawyers Nadthasiri Bergman which gives further background details on the appeal that was submitted to Koh Samui court on the 23rd May, some significant area’s of concern have been confirmed.

“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.”



Below is the statement written by Nadthasiri Bergman:

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 defense team does not have the $5,500 budget necessary to pay for a proper translation into English.

This groundbreaking case is the first in the history of the Thai justice system where police forensic evidence was challenged by the defense 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 defense’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 of the accused were collected without consent and before the 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 absolutely 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 in order 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 in order 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 defense 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 defense’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 defense could use in the appeal.

It is the opinion of the defense team that the prosecution’s requirement of proving guilt beyond a shadow of a doubt has clearly not been met. The defense believes this case should be dismissed and the defendants immediately released from custody.

Nadthasiri Bergman LL.M. Esq.
ทนายความณัฐาศิริ เบิร์กแมน

Originally Posted by Lantern

What's really worrying is the Thais seem to not know or even care that the rest of the world sees them as a laughing stock and an embarrassment to the human race.

Yes, because so many Thais think they're the most brilliant people on Earth, they think they can fool anyone.

So there is as much evidence that David Miller murdered the girl and died from head injuries sustained whilst drowning himself in remorse................

The blond hair's an odd factor.

Originally Posted by Latindancer

The blond hair's an odd factor.

Probably her own, unless Thai dna have proven otherwise.