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  1. #2751
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    Lawyers Concerned That Key Forensic Evidence Won't Be Re-Examined Before Trial

    BBC News
    May 31, 2015

    The lawyers for two men charged with the murder of a pair of British tourists in Thailand have expressed concern that key forensic evidence will not be re-examined before trial.

    Two young migrant workers from Myanmar have been accused of the murders of Hannah Witheridge and David Miller. But the investigation into their deaths has been marred by confusion and allegations of police incompetence.

    Zaw Lin and Wai Phyo have both repeatedly stated their innocence.

    Their defence lawyers have asked for the forensic evidence gathered by Thai police to be sent to independent experts. But the judge in the case has said that he will not rule on the matter until the first day of the trial.

    "I am now deeply concerned at this developing situation," said lead lawyer Nakhon Chomphuchat in a statement. "Without re-examination of this evidence by the Ministry of Justice's Central Institute of Forensic Science, the ability of the two defendants to defend themselves against the serious crimes they are charged of will be seriously impeded."

    With no witnesses to the murders, forensic analysis is likely to be central in deciding the outcome of the case, says the BBC's Jonathan Head in Bangkok.

    Thai police have described their investigation as "perfect", despite failing to control the crime scene and the flurry of conflicting police statements issued in the first weeks of the investigation, our correspondent says.

    full article: Thailand murders: Lawyers' concern over key evidence - BBC News

    'A perfect fiasco' is more like it.

  2. #2752
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    They're fukkered.

  3. #2753
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    Quote Originally Posted by Sumocakewalk
    Thai police have described their investigation as "perfect",

  4. #2754
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    The lawyers for two men charged with the murder of a pair of British tourists in Thailand have expressed concern that key forensic evidence will not be re-examined before trial.
    Yup they got their men and that's all there is to it, they'll swing for sure.

  5. #2755
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    What's to check or re-examine? Planted DNA evidence is going to match, the science is perfect. It's the veracity of the persons who recovered the evidence and anyone who had access to the crime scene that's doubtful.

    Granted their duties as lawyers demands they call for a re-examination, but I'm sure they too know what the results will be.

  6. #2756
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    As far as I see it, the point of contention is whether the DNA found was theirs from cigarettes they may have smoked nearby (they were on the beach at one stage that night, playing guitar and getting drunk) or if it was from sperm ...taken from the female victim.

    Let's hope they have not jerked off in prison and had their sperm DNA taken to set them up...

  7. #2757
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    So there is no jury, their fate will be decided by a panel of judges.


    Simply no way in hell that a panel of judges (as if they won't be preselected) will publicly and internationally embarrass the General who has already declared that they are guilty, having seen the evidence against them.

    No matter what is presented to the court (no forensic evidence linking the B2), it's a done deal.

  8. #2758
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    looks like another couple of serial killers get to walk on by.

    not a gram of guilt on the faces of the 2 burmese accused.

  9. #2759
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  10. #2760
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    DNA evidence questioned as Koh Tao trial opens

    KOH SAMUI — The trail of two Myanmar men accused of murdering two British backpackers on Koh Tao opened Wednesday with defence lawyers questioning the competence of police.

    Attorneys for Zaw Lin and Win Zaw Htun, said there appeared to be discrepancies between DNA evidence held by Thai police and DNA samples tested by British police.

    British police joined the investigation after Prime Minister David Cameron raised concerns with Thai counterpart Gen Prayut Chan-o-cha.

    Earlier: Trial for Koh Tao killings starts Wednesday
    Andy Hall, a migrant activist working with the defence team, said the accused had not been given access to important evidence.

    The first witness called by the prosecution was Pol Lt Jakkapan Kaewkao, the second police officer at the scene, who said British tourists David Miller, 24, and Hannah Witheridge, 23, were found 12 metres apart on the beach and described injuries on their bodies.

    The victims' families have travelled to Koh Samui, a nearby island where the trial is being held, and said they hoped to gain a better understanding of how the pair died "in such idyllic surroundings in such a horrible way".

    The families of both victims released statements early Wednesday confirming their attendance at the imposing courthouse perched on a hill overlooking Samui's lush palm trees and white beaches.

    "Just hours before he died David was talking to us with his usual enthusiasm, describing the beauty of Koh Tao and the friendliness of the Thai people," Miller's family said in their statement.

    "Hannah was a beautiful person, inside and out, she brought a room alive just being there," the Witheridge family wrote in their statement. "Her bright future was brutally ended leaving those who loved her broken with no answers."

    Both families appealed for privacy from the press for the duration of the trial, which is expected to take place over 18 staggered days between now and September with a verdict due in October.

    Witheridge was found raped and beaten to death on a beach in the early hours of Sept. 15, while Miller was beaten about the head and left to drown, post-mortem examinations showed.

    Police said in October that Zaw Lin and Win Zaw Htun had initially confessed to the killings of the young backpackers on a Koh Tao beach. The confessions followed weeks of speculation and pressure on police to solve the murders.

    Police said DNA found on the two victims matched the suspects but the two men later retracted their confessions, saying they had made them while being tortured.

    The defendants, who deny charges of murder, rape and robbery, could face the death penalty if found guilty.

    Rights groups say the trial is a test case for Thailand's treatment of the 2.5 million migrant labourers, many from poor neighbouring countries, on which it relies.

    Others fear the pair are being used as scapegoats and will not receive a fair trial in a country where the poor and disenfranchised are rarely afforded justice.

  11. #2761
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    Seems like a done deal for those Burmese kids.. Was it ever in doubt?

    I really hope the International Press and rights groups give Thailand the slagging and condemnation it so richly deserves on this and so many other cases.

  12. #2762
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    Just read the same report in the Grauniad. It seems a fashion reporter was left to edit overnight news, describing such essential detail as Lawyers wearing long black gowns and the defendants wearing matching beige outfits.
    Expect that willl be edited out shortly.

    Zaw Lin and Wai Phyo – also known as Win Zaw Htun – are 22-year-old bar and restaurant migrant workers from Burma. They were escorted into the court by police, shackled hands to feet by chains. The men, both the smallest in height in the room, wore matching beige outfits.
    Thai police officer describes scene at site of British backpacker killings | World news | The Guardian

  13. #2763
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    Quote Originally Posted by kmart View Post
    Seems like a done deal for those Burmese kids..
    There won't be a jury.

    A panel of judges will 'decide'.


    The PM has already declared that they are guilty, having looked at the evidence.

    Those judges would need some big balls and a very secure hiding place if they were to somehow find them not guilty.


    But of course, you know, that is never, ever going to happen.

  14. #2764
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    The way PM changes his mind from day to day maybe the clerk of the court is guilty .

  15. #2765
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    Ruling expected tomorrow on whether DNA evidence in British backpacker murders can be retested by an independent laboratory. #kohtao

    skynews

  16. #2766
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    Using impressively absurd logic, judge in Thailand's #KohTao murder case has forbidden reporters from taking any notes during proceedings

  17. #2767
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    Quote Originally Posted by Horatio Hornblower View Post
    Ruling expected tomorrow on whether DNA evidence in British backpacker murders can be retested by an independent laboratory. #kohtao

    skynews
    The DNA saga is a joke!

  18. #2768
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    Quote Originally Posted by Horatio Hornblower View Post
    Using impressively absurd logic, judge in Thailand's #KohTao murder case has forbidden reporters from taking any notes during proceedings
    Phones on "record" then.

  19. #2769
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    Another recent report...

    Defence team concerned by allegations of torture
    Speaking before today's hearing, the legal team representing the two suspects spoke about their concerns for the trial.

    Lawyer Nakhon Chompuchat said one of the issues which needed resolving were allegations that the defendants were tortured by police.

    He also said they were struggling to get witnesses to testify.

    Speaking to the Bangkok Post, he said: "It's a pity but it's understandable that they don't dare to stand in the court for their own safety and the security of their work there."

    As we reported earlier, journalists attempting to cover the trial have struggled to get into the courtroom.

    Some reporters were told to leave earlier to make room for relatives and diplomats.

    Thailand backpacker murder trial: Live updates as two Burmese men appear in court - Mirror Online


    A BBC reporter Just tweeted ...Some journalists now allowed into Backpackers murder trial. On condition we don't write anything down!

  20. #2770
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    Quote Originally Posted by Chittychangchang View Post
    Quote Originally Posted by Horatio Hornblower View Post
    Ruling expected tomorrow on whether DNA evidence in British backpacker murders can be retested by an independent laboratory. #kohtao

    skynews
    The DNA saga is a joke!

    Not the existing samples I hope, which the procurement of is suspect, but new samples from the defendents.

  21. #2771
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    Quote Originally Posted by YOrlov View Post
    Quote Originally Posted by Chittychangchang View Post
    Quote Originally Posted by Horatio Hornblower View Post
    Ruling expected tomorrow on whether DNA evidence in British backpacker murders can be retested by an independent laboratory. #kohtao

    skynews
    The DNA saga is a joke!

    Not the existing samples I hope, which the procurement of is suspect, but new samples from the defendents.
    I'm sure after much tinkering and confusion they will get the samples correct in court for the reporters to not write down in their reports.

  22. #2772
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    Whatever happened to the British Police who visited Koh Tao supposedly to oversee the investigation?
    They've never said anything one way or the other. This might be a good time, or will Britain simply go along with the show in the name of diplomacy no matter how absurd the investigation and trial are?

  23. #2773
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    Britain doesn't owe Thailand anything, it's they who depend on our injections into their economy.

  24. #2774
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    They said they never took any DNA samples but now defence issue this statement.

    Attorneys for Zaw Lin and Win Zaw Htun, said there appeared to be discrepancies between DNA evidence held by Thai police and DNA samples tested by British police.


    Quote Originally Posted by BobR View Post
    Whatever happened to the British Police who visited Koh Tao supposedly to oversee the investigation?
    They've never said anything one way or the other. This might be a good time, or will Britain simply go along with the show in the name of diplomacy no matter how absurd the investigation and trial are?

  25. #2775
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    The victims' DNA is in their repatriated bodies No problem.

    Ok....but compared to what ? The Burmese guys' DNA has to be found on (or in) the victims' bodies for them to be guilty.

    Any sperm still in her vagina would be degraded by the time it got to the UK, wouldn't it ?

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