Defense lawyers in the trial of two Myanmar men accused of killing two British backpackers on a Thai resort island last year said today they would focus on the reliability of crucial DNA evidence.
British tourists Hannah Witheridge, 23, and David Miller, 24, were killed last September. Their bodies were found on a beach on Koh Tao, a Thai island in the Andaman Sea popular with backpackers and divers.
The killings drew outrage in Britain and raised questions about the competence of Thai police and the treatment of migrant laborers in Thailand.
Following weeks of pressure on authorities to solve the crime, Thai police said in October that Myanmar workers Zaw Lin and Win Zaw Htun, both 22, had initially confessed to the killings. Both later retracted their statements, saying they had been tortured into confessing.
The murder trial, which began earlier this month, has been consumed by allegations of police incompetence and evidence mishandling by defense lawyers. Rights groups have also claimed the men are being used as scapegoats because of their status as foreign migrant workers in Thailand.
At the heart of the trial is a debate over DNA samples that police say link the two suspects to Witheridge’s body.
Police have issued conflicting statements about the DNA, including that some was lost or “used up.” They later took back that statement, saying DNA samples had not been lost.
“If the evidence is not provided for testing, you have to ask how can they convict beyond a reasonable doubt?” Andy Hall, an advocate for migrant workers assisting the defense team, told Coconuts. “This is the kind of thing that should lead to the case being thrown out. How can we say it’s reliable when there are so many doubts?”
Defense lawyers said that evidence would remain the focus when the trial resumed on Wednesday.
“Questioning today will focus on the DNA of the accused and the collection of the DNA,” lead defense lawyer Nakhon Chompuchat told Reuters.
Hall said the defense team would present evidence from British authorities at odds with the findings presented by Thai investigators.
He did not characterize the nature of the evidence and said they were under a strict confidentiality agreement not to disclose who provided it. British investigators visited Thailand in October to review the case, but no information from that was made public.
A court on the island of Samui, where the trial is taking place, ordered this month that remaining forensic evidence in the case be sent for reexamination at the Thai justice ministry’s central forensic institute.
“We still have not seen any progress on the request to see the DNA gathered by police,” Nakhon said.
While the Thai justice system is under international scrutiny in the case, there seems very little interest in the case from domestic media.
A reporter covering the first phase of the trial earlier this month, who asked not to be identified as he is covering the trial, said he saw no Thai press beyond a television crew from Channel 3.
“I think the Thais are very keen for this to be done and dusted as soon as possible,” he said.
However, the desire for a fair trial may be elusive.
“I would say that the Thais are keen to see that justice is being done, for the families and their image abroad,” he added. “The questions are whether the right people are on trial and whether they will get a fair trial, in the Western sense.”
Story: Reuters / Coconuts Bangkok. Photo: Migrant Workers Rights Network
Related:
Koh Tao Murders: Trial starts tomorrow
OP-ED: Migrants, justice and the Koh Tao murder case
Defense fund created for migrant workers accused of Koh Tao murders
Koh Tao murders: Evidence kept out of reach of defense team
Universal doubts cloud ‘perfect’ Koh Tao murder investigation
Myanmar: Zaw Lin and Win Zaw Htun are innocent
Migrant workers deny Koh Tao murders in court
‘We share your grief,’ Koh Tao murder suspects write in letter to victims’ parents
British police to compile report on Thailand murders
Koh Tao Murders: No DNA match with Warot in first test results
Koh Tao murders: Influential island figure vows to clear his son’s name
Migrants accused of Koh Tao murders repeat retraction through lawyer
Myanmar’s Thein Sein asks Prayuth for ‘fair’ probe into Koh Tao murders
‘Perfect’ Koh Tao investigation coming apart at seams
Surat Thani prosecutors kick ‘flawed’ Koh Tao investigation report back to police
Koh Tao Murders: Accused recant confessions, tell embassy lawyer they were tortured
Police claim Myanmar worker confesses to Koh Tao murders
Police question influential Koh Tao figure, seek second (Updated)
More DNA evidence collected on Koh Tao as police move on to new field of suspects
Ware released as investigation of Koh Tao murders hits dead end
Police blame ‘jealous’ friend for David and Hannah murders on Koh Tao
Police question backpacker as focus shifts to blonde hair found in victim’s hand
Three Myanmar men questioned for murder of British tourists
Koh Tao murders: ‘Asian man’ seen on CCTV sought for questioning
Probe into murder of two Britons on Koh Tao
Manhunt on Koh Tao after tourists found brutally murdered on beach
Reader Interactions