Myanmar men appeal against death sentences over British murders in Thailand

[webfact]

Myanmar men appeal against death sentences over British murders in Thailand

 

FILE PHOTO - Myanmar migrant workers Zaw Lin (R) and Win Zaw Htun (L) arrive at the Koh Samui Provincial Court, in Koh Samui, Thailand, July 8, 2015. REUTERS/Athit Perawongmetha

 

BANGKOK (Reuters) - Two men from Myanmar convicted of killing two British backpackers on a Thai holiday island in 2014 submitted their final appeal on Monday against the death sentence.

 

The murder of tourists Hannah Witheridge, 23, and David Miller, 24, sent shockwaves around Thailand and the world, because of the nature of their deaths and the fact the killings took place on an island popular with tourists.

 

Some migrant rights groups accused Thai police of bungling the investigation and failing to properly seal off the crime scene. Police have defended the probe and the families of both victims have spoken out in defence of the police investigation.

 

Witheridge was raped and murdered and Miller was beaten and killed. Their bodies were found on a beach on the southern island of Koh Tao in the Gulf of Thailand.

 

Myanmar migrant workers Zaw Lin and Win Zaw Htun lost an appeal in March to have their sentence overturned after they were convicted by a court on Koh Samui island in December 2015.

 

"The deadline is today so we have to submit it. This is the final chance to appeal," Nakhon Chomphuchat, head of the pair's defence team, told Reuters.

 

The 2015 conviction was mired in controversy with supporters of the two migrant workers arguing that they had been framed and that they had initially confessed to the crimes under duress.

 

During the trial, police investigators handling the case were accused by the defence of failing to properly collect and test DNA samples from the scene of the crime.

 

Prosecutors argued that evidence against the pair was rock solid.

 

Capital punishment has not been carried out in Thailand for many years.

 

(Reporting by Amy Sawitta Lefevre; Editing by Michael Perry)

 

-- © Copyright Reuters 2017-08-21

[Bluespunk]

5 minutes ago, webfact said:

During the trial, police investigators handling the case were accused by the defence of failing to properly collect and test DNA samples from the scene of the crime.

Investigators?

 

To call what the bib on KT did an investigation is stretching credulity to beyond it's breaking point. 

[Just1Voice]

You will never, ever convince me that these two midgets killed David and Hanna.  Major cover up of the real guilty parties. 

 

[z42]

I fear that no court is going to do the right thing in this case. From the RTP 's perspective it is a home run, the fallout from an obvious fit up wasn't as messy and prolonged as it could've been, and as an added bonus they reeled in 1 of the victim's families hook, line, and sinker to support the verdict.

The local mafia got off fairly easy, everyone very likely got a nice envelope, and business is booming on koh tao in spite of a ridiculous body count.

These poor boys are done for. But looking at the situation back home in Rakhine state I doubt their existence there would be ideal either.

I wish them well, but this setup works best for Thailand's face even though it portrays all those involved as having less morals than a sewer rat

[docshock13]

From the OP it seems they are only appealing the sentence and not the conviction? 

[Samui Bodoh]

I am very pleased that the two are appealing the conviction, but there is one MAJOR problem;

 

It is still occurring in a Thai court.

 

I have tremendous sympathies for the guys, but... I doubt that there is any hope.

[champers]

The OP article states that their appeal against the conviction was dismissed in March. This appeal is solely about whether they face execution.

[worgeordie]

"prosecutors argued that evidence against the pair was rock solid.", they would ,but was far from it.

regards Worgeordie

[Artisi]

Definitely not guilty, but the hang-em high brigade will be along soon once comfortable on their bar stools.

This should hit the post count well into the hundreds by the weeks end. 

[darksidedog]

I doubt that even the cops involved and the prosecutors believe for one second that they got the right guys. From the moment the words " A Thai couldn't have done this."were uttered, you just knew a couple of innocents were going to be framed.

I wish them all the best with their appeal.

[StealthEnergiser]

 The wrong men are currently behind bars they never ran away to hide  unlike another person that was a suspect being  sought for by the police resembling the running man who came back a few days later with a clean hair cut prior not resembling the running man .

 

[bannork]

1 hour ago, docshock13 said:

From the OP it seems they are only appealing the sentence and not the conviction? 

No.They are submitting a 300 page  appeal against the verdict of the Appeal Court focusing on the forensic procedure and autopsy. results.

[StealthEnergiser]

53 minutes ago, champers said:

The OP article states that their appeal against the conviction was dismissed in March. This appeal is solely about whether they face execution.

Bangkok:  An Australian forensic scientist has questioned key DNA evidence that led to two migrant workers being sentenced to death for the gruesome murders of two British backpackers on an idyllic Thai island.

Myanmar workers Win Zaw Htun, right, and Zaw Lin, left, both 22, escorted by officials after they were convicted in December last year of the murder Hannah Witheridge and David Miller.  Photo: AP

Melbourne-based Jane Taupin says documents detailing how Thai investigators matched DNA from Myanmar workers Zaw Lin and Win Zaw Htun to the victims were not provided to a Thai court, in contravention of international DNA analysis and reporting standards.

She also points out that DNA matching, a complex procedure requiring meticulous care, can only be determined on the basis of statistical probability in the population and none was presented to the court.

 

http://www.smh.com.au/world/australian-scientist-jane-taupin-questions-koh-tao-death-penalty-evidence-20160106-gm05af.html

[Searat7]

About 6 weeks ago it was stated that they had passed the deadline date to file a further appeal so this is a bit surprising....they are innocent..hope they get a break.

[phitsanulokjohn]

My heart truly goes out to these poor guys.

Everyone knows they've been well and truly fitted up.

Why don't the police have the balls to bring the real culprit(s) to justice?

Sickening.

[mark01]

Shameful investigation (if you can call it that) and subsequent prosecution.

I would throw the people responsible for this injustice in jail.

 

But this is Thailand, where the guilty walk free and incompetent and corrupt officials get wealthy.

[GarryP]

3 minutes ago, mark01 said:

Shameful investigation (if you can call it that) and subsequent prosecution.

I would throw the people responsible for this injustice in jail.

 

But this is Thailand, where the guilty walk free and incompetent and corrupt officials get wealthy.

I think you mean persecution. 

[Ace of Pop]

And it starts to get beyond the evidence and Into Loosing Face stupidity.Id say the Brit Familys know the truth better than anyone.


Sent from my iPhone using Thaivisa Connect

[Marvo]

The judge presiding over and considering the last (failed) appeal was THE SAME judge that found them guilty in the original trial.

I sincerely hope that an independent judge is to consider this final appeal, if not...........

[yellowboat]

Wasn't there some farang that ran for his life as he knew everything that happened?  If so, shame on him.  Don't see people running for their lives from these two accused fellows.   Must join the doubting chorus. 

[stephen tracy]

It doesn't really get more shameful than this.  It's quite sickening.

[timewilltell]

Whether they are guilty or innocent I do not know of course, whether involved in some minor way, the sole perpetrators or joined others or actually just in the vicinity at the wrong time.  However what is obvious to a blind man is that the police acted in about as unprofessional way possible, extremely odd circumstances over what they said publicly and with investigator transfers that raised eyebrows. And then the whole DNA procedure which you would be hard pushed to screw up worse than they did, topped by obviously incorrect evidence.  How two people can end up possibly losing their lives in such circumstances is so wrong it is hard to imagine how it came about unless you understand the drivers in Thailand which are money and absurd face.  

[Shaunduhpostman]

Reuters seems to be spinning things nicely for the Thai authorities and co. Last I checked, the families of the victims were not all satisfied that the case was investigated properly. There was at least one member of Hannah's family, Hannah's sister as I recall, who was appalled by just about everything, the investigation , the way the court hearings were conducted how they were treated in Ko Samui. And was she not threatened by thugs in the UK to stop posting about it on facebook, I may not recall that quite right, but at the very least it seems pretty suspicious that the families would all unanimously be happy with the investigation when just about no one else is.

[4MyEgo]

Unfortunately the "Loss of Face" would be too much, hope I am wrong and they get off, that is, if they are innocent.

[bannork]

1 hour ago, Marvo said:

The judge presiding over and considering the last (failed) appeal was THE SAME judge that found them guilty in the original trial.

I sincerely hope that an independent judge is to consider this final appeal, if not...........

Are you sure on this? A Thai told me that was impossible.

[stephen tracy]

6 minutes ago, 4MyEgo said:

Unfortunately the "Loss of Face" would be too much, hope I am wrong and they get off, that is, if they are innocent.

Agreed, but sadly the chances of them getting out of this disgusting travesty of justice are about as high as the Red Bull heir getting caught... never happen... And Lord Prayut - despite his executive powers - will do nothing to stop this. 

[4MyEgo]

1 hour ago, StealthEnergiser said:

Bangkok:  An Australian forensic scientist has questioned key DNA evidence that led to two migrant workers being sentenced to death for the gruesome murders of two British backpackers on an idyllic Thai island.

Myanmar workers Win Zaw Htun, right, and Zaw Lin, left, both 22, escorted by officials after they were convicted in December last year of the murder Hannah Witheridge and David Miller.  Photo: AP

Melbourne-based Jane Taupin says documents detailing how Thai investigators matched DNA from Myanmar workers Zaw Lin and Win Zaw Htun to the victims were not provided to a Thai court, in contravention of international DNA analysis and reporting standards.

She also points out that DNA matching, a complex procedure requiring meticulous care, can only be determined on the basis of statistical probability in the population and none was presented to the court.

 

http://www.smh.com.au/world/australian-scientist-jane-taupin-questions-koh-tao-death-penalty-evidence-20160106-gm05af.html

By international standards, that should be a flop, open the gate and out they go, but this is Thailand right, since when does Thailand give a rats ass about what international standards are, just take a good look around, there are none.

[Slotman]

One word: Face.

Very sad indeed. 

[4MyEgo]

47 minutes ago, Father Fintan Stack said:

Welcome to the real Thailand.

 

We don't want you to know how corrupt and backwards we really are, here, look at this new shopping mall and see all these peasants smiling instead.

 

The Thai PR campaign is the World's best. I still maintain if people knew the truth about this place and what goes on it would decimate their tourism industry.

 

Why do you think they are so quick to censor and arrest people for posting stuff they don't like?

 

They will probably manage to mess the tourism industry on their own in the near future because they are about to enter a period of prolonged civil conflict over who gets to stick their fingers in the cookie jar. 

 

By then these two young guys will have been long forgotten. 

You can't be serious, no, not Thailand !!!

[Minnehaha]

Khun Nakhon is one of the best legal minds in this country and a solid civil rights attorney in a place where the issue of civil rights has massive room for improvement. 

Godspeed, Khun Nakhon!