Defence seeks retest of evidence in Koh Tao case

Defence seeks retest of evidence in Koh Tao case

By Nyan Lynn Aung   |   Thursday, 30 April 2015

DNA evidence allegedly linking two Myanmar migrants to the murder of British backpackers may be subject to re-examination, if defence lawyers get their way in court today.

Hannah Witheridge, 23, and David Miller, 24, who were killed on Koh Tao in September. Photo: AFP

The accused, Ko Zaw Lin and Ko Wai Phyo, are set to appear at the pre-trial hearing at the Koh Samui Court where their attorneys will press for several critical items of physical evidence to undergo forensic re-examination. The defence is also requesting Thai police provide further information about the analysis of DNA samples taken from the two suspects.

Ko Zaw Lin and Ko Wai Phyo have been charged with the murder of David Miller, 24, and Hannah Witheridge, 23, who were found dead while holidaying on Koh Tao last September. The accused also face a rape charge.

"The defence team's forensics experts need the original case evidence to conduct a proper analysis to prevent a miscarriage of justice," said Nakhon Chompuchat, head of the defence team.

The case has come under fire internationally with Thai police accused of framing the Myanmar migrants amid a botched investigation that included both alleged confessions and claims of torture. Both of the victims' families have previously said they are keen to see the "right people" convicted.

"We hope that the judge will hear the case according to Thailand's criminal law rather than be undermined," said U Aung Myo Thant, a lawyer assigned by the Myanmar embassy to assist the defence.

Today's hearing will also include progress updates from both defence and prosecution teams, with 65 plaintiffs, including 45 police officers and five doctors, expected to participate.

In addition to requesting a retest of the physical evidence, the defence has also asked that the trial be moved for funding reasons. The team said the frequent plane trips to Koh Samui, costing 5200 baht a person (US$280), are taking a financial toll, even with support from the Myanmar embassy.

"When we go [to Koh Samui] there are at least six people going each time and the funding is becoming a problem," said U Kyaw Thaung, a member of the investigation council and director of the Myanmar Association in Thailand.

The trial is scheduled to begin in July. Thai prosecutors have said they will seek the death penalty, but the defence remains optimistic of acquittal.

"[We] are sure that after the defence team has a chance to present all our evidence at court during the 18-day trial, and also cross-examine all of the prosecution, police witnesses and evidence, the court could not be convinced beyond reasonable doubt that the two accused were the ones who actually committed this heinous crime," said Nakhon Chompuchat.

http://www.information.myanmaronlinecentre.com/defence-seeks-retest-of-evidence-in-koh-tao-case/