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British backpacker murder trial in Thailand stalls over key DNA evidence

Critical forensic evidence not available to court on second day of trial of suspects accused of killing tourists Hannah

Oliver Holmes in Koh Samui

 

KOH SAMUI: -- A Thai court hearing the case of two Burmese men accused of murdering two British backpackers stalled on the second day of a three-month trial after a police officer failed to present what the defence says is key DNA evidence.

 

The head judge on a panel of three in a court on the tropical holiday-making island of Koh Samui said that he would rule on the matter on Thursday, when Police Lieutenant Colonel Somsak Nurod, who is believed to hold evidence related to the case, would appear to testify.

 

But Nurod spent only a few minutes in the court, where he showed the judge of list of evidence exhibits.

 

This included the alleged murder weapon, a hoe, which was used to kill Hannah Witheridge, 23, from Norfolk and David Miller, 24, from Jersey on Sairee beach on the nearby Koh Tao island on September 15.

 

Full story: http://www.theguardi...ey-dna-evidence

 

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Day two of the Koh Tao murder trial

 

KOH SAMUI: -- Today the Koh Tao murder trial resumed for day two at the Samui Provincial Court. The defense lawyers acting for Zaw Lin and Wei Phyo accused of the murders of Hannah Witheridge and David Miller remained concerned about the DNA evidence being used against their clients.

 

A decision was due to be made by the judge today as to whether independent DNA testing could be carried out. However a senior police officer today told the court that the DNA found on the cigarettes is “finished†and other samples were only suitable for one test or may have been lost.

 

In a dramatic development is now appears that evidence provided by the British authorities could prove the innocence of the two suspects. However the defense team were only able to confirm that recent significant information had been received from the UK that highlights important contradictions in the prosecution evidence they were not able to elaborate on what that evidence might be.

 

One witness was called to stand today, a 45 year old woman who was working on Koh Tao at the time of the murders. She recalled seeing some people playing guitar on the beach in the early hours of the morning of September the 15th 2014 but was not able to say with any degree of certainty who those people actually were.

 

The defendants looked tired in court today, yesterday’s hearing going on until 7-45pm meant there was nobody available to remove their shackles when they arrived back at the prison. Both said they had not been able to get much sleep and both men continue to deny having any involvement in the horrific murders of the two British backpackers.

 

The court hearing, that adjourned today at around 11am is due to be back in session at 9am tomorrow morning.

 

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-- Samui Times 2015-07-09

 

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Thailand backpacker murders: DNA evidence 'lost' - police

 

(BBC) Crucial DNA evidence in the case of the murder of two British backpackers cannot be retested because it no longer exists, Thai police have told the BBC.

 

The evidence is central to the prosecution case against two Burmese migrants on trial for killing David Miller, 24, from Jersey, and Hannah Witheridge, 23, from Norfolk.

 

The defence had wanted it re-examined.

 

It comes as Zaw Lin and Wai Phyo, who both deny murder, rape and robbery, appear in court for a second day.

 

Full story: http://www.bbc.com/news/uk-33457038

 

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Court may order retesting of DNA in Koh Tao double murder case

The Nation

 

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KOH SAMUI: -- A court looks set to commission the Central Institute of Forensic Science (CIFS) to retest the DNA of two Myanmar nationals who are facing charges of killing two British backpackers in Thailand last year, an informed source disclosed yesterday.

 

The order is expected to be issued today, according to the source.

 

The move, if made, promises to clear doubts as to whether migrant workers Zaw Lin and Win Zaw Tun, both 22, were made scapegoats. Both suspects have pleaded not guilty in court, saying that they initially confessed under pressure from police.

 

So far, police and public prosecutors have cited DNA results as incriminating evidence against them, prompting their defence team to request fresh DNA tests.

 

CIFS chief Khunying Porntip Rojanasunan said a retesting of DNA was not common in foreign countries. So far, she said the retesting was quite rare in Thailand and hence she was not sure about the evidence storage process.

 

"We will have to see the conditions of the evidence first," she said.

 

The two Myanmar nationals are standing trial for the murder of 24 yearold David Miller and the rape and murder of Hannah Witheridge, 23, on Koh Tao in September.

 

Much of the defence's case revolves around a bid to retest key forensic evidence, including the DNA on cigarettes and a condom found near the crime scene as well as DNA swabs taken from the victims' bodies.

 

"The DNA samples taken from the bodies are not my responsibility. They are in Bangkok," Police LtColonel Somsak Nurod added.

 

The opening day of the trial on Wednesday saw the defence attack the police for failing to cordon off the crime scene quickly enough.

 

Source: http://www.nationmul...e-30264137.html

 

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-- The Nation 2015-07-10

 

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CIFS chief Khunying Porntip Rojanasunan said a retesting of DNA was not common in foreign countries. So far, she said the retesting was quite rare in Thailand and hence she was not sure about the evidence storage process.

 

 

Khunying Pornthip has just gone down in my estimations, DNA re-testing is a very common defence tactic deployed by UK Lawyers.

 

http://www.forensic-access.co.uk/criminal-defence-forensic-science-re-testing.asp

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Khunying Pornthip has just gone down in my estimations, DNA re-testing is a very common defence tactic deployed by UK Lawyers.

 

http://www.forensic-...-re-testing.asp

 

She completely lost any credibility she had with me when she persistently confirmed the validity of GT200 detectors - against any and all scientific evidence. She's yellow above scientist at this point - she'll say whatever will support the junta's aims. Sad, in its way - it was nice to see someone with a little individuality and willingness to confront authorities with reason, but by now she's just another political with weird hair.

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