Koh Tao murders: DNA key to guilty verdict (Updated Friday)

DNA found on the victim was the key evidence which convinced the judges that the two migrant workers from Myanmar murdered two British backpackers and it is likely to be the basis of the upcoming appeal.

Friday morning  update

DNA key to guilty verdict

DNA found on the victim was clearly the key evidence which convinced the judges that the two migrant workers from Myanmar were the murderers. The Bangkok Post's Achara Ashayagachat's summarises the court's conclusions:

The court said that on the night of the murders, the defendants were sitting near the crime scene where they could see the victims walking to the area.

According to the autopsy results, the DNA of more than one person was found from samples collected from the body of Witherridge and they matched the DNA of the defendants.

"DNA chains matching in 16 positions strongly represent the identity of a person. So even though a few DNA positions are not matching, this doesn't undermine the standard procedure. On the contrary, it leads to a convincing and credible conclusion," said the judge.

The court was confident the victims' DNA tissue had been sent for examination immediately and the autopsy was conducted in a timely and professional manner, so there was no chance any police or scientist inserted the defendants' semen into the body of the victim.

DNA findings likely to be challenged

The key DNA evidence could be the focus of the upcoming appeal by the defence team.

BBC correspondent Jonathan Head says the defence failed to use expert analysis in the first trial, analysis that raises doubts on police forensic procedures.

"In court," Head wrote yesterday, "a police officer testified those samples were received on the morning of 17 September and started DNA extraction at 08:00 local time. This seems unlikely as the pathologist only started his autopsy at 11:00. The successful profiling of two men was announced at around 22:00.

"It suggests remarkably rapid analysis, in less than 12 hours, from samples in which at least three people's DNA – the victim and the two men – were mixed.

"The DNA profiles were used to match cheek swabs taken from the two Burmese defendants after they were detained on 2 October.

"Jane Taupin, a renowned Australian forensic scientist brought in by the defence team, questioned the plausibility of working this quickly, saying extracting DNA from mixed samples was difficult and time-consuming.

"Ms Taupin was not allowed to testify, one of several inexplicable decisions by the defence.

Thursday updates

11:40

Victim's family supports the verdict

The family of victim David Miller has just made the following statement, supporting the court, its verdict, the investigation and the judicial process.

Here is the text from AFP's Jerome Taylor

"He should not have died that night. David died from drowning after being hit multiple times. Blunt trauma broke his jaw, his cheekbone and fractured his skull.

He was hacked down from behind dragged into the sea and left to die. That will live with us forever.

What happened to Hannah Witheridge is unspeakable.

We believe that the result today represents justice for David and Hannah.

Like many people we were initially unsure what to think when Zaw Lin and Wai Phyo were detained as suspects.

We saw images of two innocent looking men surrounded by tough policemen.

It was easy to conclude they might just be convenient scapegoats. However we resolved to keep an open mind until we had heard all the evidence.

Concern for the accused has been widespread. A petition was organised and funds were raised for their benefit.

A group of activists became involved and has promoted their cause vigorously to the media.

Ultimately Zaw Lin and Wai Phyo obtained the best possible representation in court via a team of seven top lawyers.

Over the last few months we have attended many of the court [INAUDIBLE] and we have gained real respect for this court.

The judges have been invariably diligent, attentive, fair and extraordinarily hard working.

David always stood up for justice, and justice is what had been delivered today. We respect this court and its decision completely.

As the trial has progressed we came to realise that the police investigation and the forensic work performed was not the so called shambles it was made out to be.

We believe that after a difficult start the Royal Thai Police conducted a methodical and thorough investigation.

Having listened carefully to all the evidence and despite what their lawyers say, it is our opinion that the evidence against Wai Phyo and Zaw Lin is absolutely overwhelming.

They raped to satisfy their selfish desires and murdered to cover up that fact.

They have shown no remorse during the trial. Initially they confessed for almost two weeks and then recanted in an attempt to avoid justice.

We hope the campaigners who have relentlessly publicised this case will respect the process of law and the decision of the court. We believe the correct verdict has been reached.

Finally we would like to thank everyone who have supported us over the last year. Our thoughts are with the Witheridge family and the horrors they are also enduring with so much dignity.

Our lives have been changed forever, nothing brings David home. No last hugs. No goodbyes. But whatever our anguish, the love we have for David can never be be taken away.

Our 24 years of memories and his beaming smile will always be cherished. David was intelligent and hard working, he was caring, inclusive, enthusiastic and fun.

He is irreplaceable to us. Our hearts will always be filled with the brightness he brought to our lives. We remain so proud of him.

We and his friends miss him terribly. "

10:35

11:20 Zaw Lin and Wai Phyo (or Win Zaw Tun) were sentenced to death after being convicted of killing David Miller, 24, and the rape and murder of Hannah Witheridge, 23. They were also sentenced to 20 years for raping Ms Witheridge.

Apparently the court found the DNA evidence collected from female victim Hannah Witheridge's body to be the deciding factor, saying the evidence was "up to international standards". The story is being reported by all the international news agencies and comments on the social media are already extremely negative, saying the two suspects were framed and are innocent of the crimes.

Someone closer to the case agrees with the verdict, however, according to David Mercer, a reporter for the Press Association. Michael Miller, brother of the young man killed in last year's attack, says the court reached "the correct verdict".

Meanwhile, Andy Hall tweets that the two defendants and the defence team say they respect the court's decision, but will appeal as the prosecution has not proven its case. Zaw Lin and Wai Phyo, according to Hall, say they are confident of winning on appeal.

9:30 Andy Hall reports the parents of David Miller and the mothers of the two defendants have arrived at the court. @DavidMercerPA, a reporter for the Press Association is at the court and he reports David Miller's brother is also there. Jonathan Head of the BBC @pakhead just tweeted he is in the court too.

-------

Andy Hall (@Atomicalandy), British human rights defender and a migrant worker specialist, reports from Koh Samui, that the court will convene at 9am today (Thursday) morning to deliver its verdict in the murder of two British backpackers on the nearby island of Koh Tao in September of last year.

Andy Hall has been tweeting often on the case and he will be the primary source for many today. You can follow him in twitter at @Atomicalandy.

Here are some of his tweets on a meeting with the defendants yesterday:

"During 2 hour visit, senior lawyer Nakhon Chompuchat took Zaw Lin/Wai Phyo through tomorrow (Thursday's) proceedings, explained possible outcomes again.

"Both Zaw Lin/Wai Phyo wanted to really thank everyone who has assisted and supported them in the 15 months since their arrest and detention.

"Zaw Lin/Wai Phyo wanted to thank Lawyers Council of Thailand, MWRN, Myanmar Embassy, translators, prison visitors, those supporting mothers.

"Zaw Lin/Wai Phyo said overwhelmed by letters and pictures of support sent to prison via post/Evelyn. These had kept them strong/determined.

"Zaw Lin said: 'I hope we will be released from prison tomorrow. We are confident to receive justice from tomorrow's judgement in our case.'

"Wai Phyo said: 'We want and are confident to receive justice in our case ruling.Whatever the result, we can tolerate,we will remain strong.'

"Lawyers/MWRN reiterated to both accused our commitment/ongoing duty to support/defend them into the future whatever tomorrow's ruling may be.

"Finally both accused expressed ongoing concern for the welfare/wellbeing of their mothers and prayed for their happiness/contentment always.

"Nakhon Chompuchat, senior Koh Tao murder case lawyer, said today whatever tomorrow's verdict, case will surely not end as will be an appeal.

"Nakhon reminded observers even if case is dismissed by Samui court, Thai courts often detain the accused pending lengthy appeals processes."

Wednesday's story

Here is a pre-verdict report from the AFP's Jerome Taylor. I'll have much more Thursday, of course.

Myanmar pair face verdict over British murders on Thai paradise island

Bangkok, AFP – Two Myanmar migrant workers could face the death penalty if convicted tomorrow of murdering a pair of British backpackers on a Thai island, in a grim case that stained the kingdom's reputation as a tourist haven.

Zaw Lin and Win Zaw Tun have pleaded not guilty to killing David Miller, 24, and the rape and murder of Hannah Witheridge, 23, on the diving paradise of Koh Tao in southern Thailand, with the defendants insisting they are scapegoats for a bungled inquiry.

The British pair were found bludgeoned to death on a beach on September 15, 2014 – a grisly discovery that has troubled the country's vital tourism trade and raised questions over the Thai justice system.

Three judges on the nearby island of Koh Samui are expected to deliver their verdict on Christmas Eve (Thursday) after a trial that has dragged on for several months.

The court has heard harrowing testimony of the murders, while defence lawyers have accused the police of bungling their investigation and using the Myanmar pair as scapegoats.

Rights groups say low-paid migrant workers from neighbouring countries, including Myanmar, are often blamed for crimes in Thailand where the justice system is skewed towards those with money and influence.

Miller was struck by a single blow and left to drown in shallow surf while Witheridge had been raped and then brutally beaten to death with a garden hoe.

Prosecutors insist their case against the men is watertight.

Their case pivots on DNA found on Witheridge's body and around the crime scene as well as the discovery of Miller's mobile phone and sunglasses with one of the suspects.

But the defence has disputed the forensic evidence as flawed and accused the police of torturing their clients into signing confessions, which they later retracted.

"The prosecution case is marked by an absence of significant evidence needed to prove the guilt of the accused for the crimes they are charged with," the defence team said in a statement released ahead of the verdict.

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