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Koh Tao Murder Case will reach its final conclusion on Thursday 29th August 2019 at 10am

Samui Times Editor



Koh Tao Murder Case will reach its final conclusion on Thursday 29th August 2019 at 10am | Samui Times

The outcome of the final appeal against the death penalty handed down to Zaw Lin and Wai Phyo, the two Burmese men found guilty of the 2014 murders of Hannah Witheridge and David Miller on Koh Tao, will be read tomorrow by the judges of the Supreme Court of Thailand in Nonthaburi Court at 10am.

Koh Tao Murder Case will reach its final conclusion on Thursday 29th August 2019 at 10am | News by Samui Times

Zaw Lin and Wai Phyo were found guilty of the murder of David Miller and the rape and murder of Hannah Witheridge by the Koh Samui Court on December the 24th 2015. They lost their first appeal.

This second and final appeal will decide the men’s fate.
While the Samui Court found the two men guilty the case hit the headlines and the men have global support from hundreds of thousands of people who believe they are being used as scapegoats to cover up the fact that the crime was committed by members of an influential family on Koh Tao known as the Koh Tao mafia.

In a post on his Facebook page today Andy Hall, who describes himself as the International Affairs Advisor to the Official Legal Defence Team said

“Whilst respecting whatever decision Thailand’s Supreme Court reveals tomorrow in the Koh Tao murder case, it is clear cut in my mind after having seen so much of the court case evidence (as international affairs advisor to the official legal defence team) that the death penalty sentence against the 2 accused and their conviction should be reversed and quashed. The death penalty sentence & conviction of Zaw Lin & Wai Phyo in Koh Tao murder case imposed by Koh Samui Court & upheld by Thailand’s Appeals Court was not consistent with accepted burden of proof required to impose such a conviction in terms of international DNA and forensics standards. DNA & forensics evidence relied on to convict Zaw Law & Wai Phyo & sentence them to death in Koh Tao murder case fundamentally flawed & unreliable in terms of international standards. Impossible to say without reasonable doubt (burden of proof required in such a criminal case) that the two accused are guilty as charged. The collection, transporting, testing, analysis, reporting & storage of forensics or DNA evidence in the Koh Tao murder case didn’t comply with ISO17015 international forensics standards. For this reason, this evidence was unreliable & should not have been relied upon without reasonable doubt in convicting the accused.”

Andy actually misquoted the ISO it should have read ISO17025

Journalist and author of “A Kingdom in Crisis” Andrew MacGregor Marshall echoed the thoughts of many with his post that said

“BREAKING—Thailand’s Supreme Court will deliver its verdict in the Koh Tao murder case appeal by Zaw Lin and Wai Phyo against their death sentence tomorrow at Nonthaburi Court.

Reading of the verdict will start at 10 a.m.

This case is critical for Thailand’s image, because there is overwhelming evidence that the two Myanmar migrants were not responsible for the murders of British tourists Hannah Witheridge and David Miller on the mafia-run island of Koh Tao in 2014.

Members of the Tuwichian clan, which controls the island, were responsible for the murders and the cover-up. They are protected by powerful figures in the southern Thai mafia linked to Suthep Thaugsuban and Prawit Wongsuwan.”

The outcome of the final appeal is on the minds of many, not least the men on death row and their families.

While most believe the courts on Koh Samui are utterly corrupt the general consensus of opinion is that the Supreme Court of Thailand is fair and just. A southern court was recently commended for acquitting four other Burmese migrant workers who were wrongfully found guilty of murder in Ranong.

The outcome of this appeal could have huge political implications for Thailand who have been under the glare of the world’s media over this case. A not guilty outcome would risk embarrassing the Southern Thai police who insist they did a proper and thorough investigation and ask some serious questions about who did actually commit the crime and if there is any truth to the persistent rumors that the Koh Tao mafia were involved in the crimes and the subsequent cover up. A guilty verdict and execution could also be problematic when the weight of global opinion is that the DNA evidence was highly flawed, there is a case for reasonable doubt and that the men are being used as Scapegoats. On the day the men were convicted and sentence to death there were lively protests on the Thai Burmese border as well as around the world.

The reading at 10am will be nothing if not interesting and what comes next only remains to be seen.

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