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Thailand backpacker murders: bar workers sentenced to death for killing British tourists Thailand backpacker murders: bar workers sentenced to death for killing British tourists
(about 3 hours later)
A court in Thailand has convicted two Myanmar men of the murder of two British backpackers on the holiday island of Koh Tao in September 2014. A court in Thailand has convicted two Burmese men of the murder of two British backpackers on the holiday island of Koh Tao in September 2014.
Hannah Witheridge, 23, from Norfolk, and David Miller, 24, from Jersey, were found by the rocks on Sairee beach, both with severe head wounds.Hannah Witheridge, 23, from Norfolk, and David Miller, 24, from Jersey, were found by the rocks on Sairee beach, both with severe head wounds.
Related: British backpacker murder case that put Thailand on trialRelated: British backpacker murder case that put Thailand on trial
After an extended trial on the neighbouring island of Koh Samui, bar workers Zaw Lin and Wai Phyo, both 22, were found guilty on Thursday of the rape and murder of Witheridge and the murder of Miller.After an extended trial on the neighbouring island of Koh Samui, bar workers Zaw Lin and Wai Phyo, both 22, were found guilty on Thursday of the rape and murder of Witheridge and the murder of Miller.
They were both sentenced to death by three judges who maintained that the DNA evidence that connected the men to the killings and rape was “up to international standards”. The two diminutive men could be heard dragging the chains shackled to their feet through the corridors of the court before they entered. They listened to the nearly hour-long judgement in which judges maintained that the DNA evidence that connected them to the killings and rape was “up to international standards”.
The verdict had previously been expected in October but was delayed to give the defence extra time after three months of witness testimony. Their mothers sat behind them, occasionally sobbing during the judgement, and wailing when the judge announced the death sentence. The family of David Miller sat on wooden benches on the opposite side of the room with little expression on their faces.
The mothers of the two convicted men cried as their sons were escorted out of court, metal chains around their feet. The defence told the Guardian that there would be an appeal – a process which could take several months. The defence told the Guardian that there would be an appeal – a process which could take several months and possibly years.
Minutes later outside the court, Michael Miller, David’s brother, gave a statement with his father, Ian, and mother, Sue, standing by his side. Speaking outside court minutes later, David Miller’s brother, Michael, gave a statement with his father, Ian, and mother, Sue, standing by his side and looking at a row of cameras.
He said: “David was hacked from behind, dragged into the sea, and left to die. That will live with us forever.He said: “David was hacked from behind, dragged into the sea, and left to die. That will live with us forever.
“What happened to Hannah Witheridge is unspeakable.“What happened to Hannah Witheridge is unspeakable.
“We believe that the result today represents justice for David and Hannah. Ultimately, Zaw Lin and Wai Phyo obtained the best possible representation in court by a team of seven lawyers. “David always stood up for justice and justice is what has been delivered today. 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.”
“David always stood up for justice and justice is what has been delivered today. 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. Human rights groups have become involved in the trial, noting that migrant workers from Myanmar, of whom there are about 2.5 million in Thailand, have previously been wrongly accused of crimes by Thai police.
“We believe that, after a difficult start, the Royal Thai Police conducted a methodical and thorough investigation.”
Miller family statement supports guilty verdict. pic.twitter.com/V2EYzTaVom
As Miller spoke, the wails of the mothers of the two convicted men couldbe heard from inside the court house.
"We respect this court and its decision completely" pic.twitter.com/wUUy7C2XmX
The Witheridge family had remained in the UK for the verdict but both families had visited the court over the Thai summer to observe the legal process.
During the trial police said Zaw Lin and Wai Phyo had been motivated by sexual jealousy after seeing the Britons together on the beach. But the defendants later said they had been tortured during interrogation and forced to sign a confession.During the trial police said Zaw Lin and Wai Phyo had been motivated by sexual jealousy after seeing the Britons together on the beach. But the defendants later said they had been tortured during interrogation and forced to sign a confession.
The judges on Thursday said there was no evidence that either had been tortured.The judges on Thursday said there was no evidence that either had been tortured.
The case against them however rested heavily on sperm collected from the crime scene, samples they say were taken from Witheridge’s body. But when the defence asked for an independent retest, officers failed to retrieve the samples and one officer suggested they had been destroyed.The case against them however rested heavily on sperm collected from the crime scene, samples they say were taken from Witheridge’s body. But when the defence asked for an independent retest, officers failed to retrieve the samples and one officer suggested they had been destroyed.
Wai Phyo told the court during the last two days of witness testimony in October that a police officer took photos of him naked. “They also kicked me in the back, punched me and slapped me; threatened to chop off my arms and legs, and throw my body into the sea to feed the fish. They also said they would take me into another room and electrocute me.”Wai Phyo told the court during the last two days of witness testimony in October that a police officer took photos of him naked. “They also kicked me in the back, punched me and slapped me; threatened to chop off my arms and legs, and throw my body into the sea to feed the fish. They also said they would take me into another room and electrocute me.”
Thai authorities also had been criticised for parading the suspects on the beach to re-enact the murders in front of the media – a common practice in Thai investigations that is condemned as suggesting a suspect’s guilt.Thai authorities also had been criticised for parading the suspects on the beach to re-enact the murders in front of the media – a common practice in Thai investigations that is condemned as suggesting a suspect’s guilt.
Maya Foa, director of the death penalty team at international human rights charity Reprieve reacted to the verdict saying: “There are credible allegations that these two young men were tortured into ‘confessing,’ and we know that they have been subjected to numerous unfair trial practices. The Miller’s statement strongly backed both the court and the police investigation.
“We believe that, after a difficult start, the Royal Thai Police conducted a methodical and thorough investigation,” Michael Miller said.
“We believe that the result today represents justice for David and Hannah. Ultimately, Zaw Lin and Wai Phyo obtained the best possible representation in court by a team of seven lawyers,” he added.
Miller family statement supports guilty verdict. pic.twitter.com/V2EYzTaVom
As Miller spoke, the wails of the mothers of the two convicted men couldbe heard from inside the court house.
"We respect this court and its decision completely" pic.twitter.com/wUUy7C2XmX
The Witheridge family had remained in the UK for the verdict but both families had visited the court over the Thai summer to observe the legal process.
The family of Hannah Witheridge released a statement through Norfolk police saying the past year “has served as an unimaginably impossible time for our family. We have found the trial process extremely difficult and our trips out to Thailand, to attend court, made for particularly distressing experiences.”
The statement expressed neither support for nor condemnation of the trial process and police investigation.
“We found listening to proceedings very challenging and we have had to endure a lot of painful and confusing information. We now need time, as a family, to digest the outcome of the trial and figure out the most appropriate way to tell our story,” the statement read.
The authorities had been under pressure to solve this particular murder case quickly as it threatens the country’s vital tourism industry. In the defence’s closing statement, it said the “challenges faced to Thailand’s law enforcement and justice systems in this case also cast a serious shadow over the safety of tourism in Thailand”.
The verdict had previously been expected in October but was delayed to give the defence extra time after three months of witness testimony.
The defence will now have 30 days to appeal the verdict, Andy Hall, a migrants’ rights activist from Britain who is working for the defence, told the Guardian. It will be taken to an appeals court and, if that fails, to the supreme court.
“I was shocked by the strength of the verdict,” Hall said. The two men were found guilty on most counts, including smaller crimes such as stealing David Miller’s phone. The judge ruled they would have to pay 15,000 Thai baht (£280) to the Miller family to replace the phone.
Maya Foa, director of the death penalty team at international human rights charity Reprieve, said: “There are credible allegations that these two young men were tortured into ‘confessing,’ and we know that they have been subjected to numerous unfair trial practices.
“It is therefore deeply alarming that they have been sentenced to death, as without a fair trial serious doubts over their guilt will remain. No one would disagree that those responsible for this crime need to be held to account. But it is hard to see how a trial as flawed and unfair as this one can provide any confidence that justice has been served.”“It is therefore deeply alarming that they have been sentenced to death, as without a fair trial serious doubts over their guilt will remain. No one would disagree that those responsible for this crime need to be held to account. But it is hard to see how a trial as flawed and unfair as this one can provide any confidence that justice has been served.”