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Thailand backpacker murders: Burmese workers sentenced to death Thailand backpacker murders: Burmese workers sentenced to death
(about 2 hours later)
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. A court in Thailand has convicted a pair of Burmese men of the murder of two young British tourists on the holiday island of Koh Tao, a verdict described as just by one victim’s family but condemned as deeply flawed by human rights groups.
The bodies of Hannah Witheridge, 23, from Norfolk, and David Miller, 24, from Jersey, were found by the rocks on Sairee beach, both with severe head wounds. Bar workers Zaw Lin and Wai Phyo were sentenced to death for the rape and murder of Hannah Witheridge, 23, from Norfolk, and the murder of 24-year-old David Miller from Jersey in September last year.
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. The Britons had met days before on Koh Tao, an island popular with young backpackers and scuba divers, and were attacked on a beach late at night. Witheridge was raped and beaten to death, while Miller was struck on the head and left to drown in the surf.
The two 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 judgment in which judges maintained that the DNA evidence that connected them to the killings and rape conformed to international standards. The long and convoluted trial on the larger island of Koh Samui saw prosecutors build much of their case around initial confessions by the two suspects, both 22, and DNA evidence police said tied them to the crime.
Their mothers sat behind them, occasionally sobbing during the judgment, and wailing when the judge announced the death sentence. The family of David Miller sat silently on wooden benches on the opposite side of the room. However, the men’s defence team argued that the confessions, which were soon rescinded, had been gained under torture. Thailand’s best-known forensic scientist testified that police had badly mishandled DNA evidence, including that connected to the suspected murder weapon, a hoe, to the Burmese men, making it worthless.
The defence told the Guardian there would be an appeal – a process that could take several months and possibly years. But in their hour-long ruling the panel of three judges said the DNA evidence that connected the men to the killings and rape conformed to international standards.
Speaking outside court moments later, Miller’s brother, Michael, gave a statement alongside his father, Ian, and mother, Sue. Zaw Lin and Wai Phyo were both sentenced to death. Even if they lose a planned appeal this could be commuted to life in jail: Thailand has more than 450 prisoners on death row but has not executed anyone since 2009.
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. Human Rights Watch described the verdicts and sentences as “profoundly disturbing”, while another rights group, Reprieve, said the trial process had been “flawed and unfair”.
“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.” But in a statement outside court, Miller’s family said they believed the police investigation and forensic work “was not the so-called shambles it was made out to be”.
As Miller spoke, the wails of the mothers of the two convicted men could be heard from inside the courthouse. “David was hacked from behind, dragged into the sea, and left to die,” said Miller’s brother, Michael, standing by his parents, Ian and Sue. “That will live with us forever. What happened to Hannah Witheridge is unspeakable. 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 noted 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. He added: “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.”
The Witheridge family had been in Koh Samui to observe some of the trial, but did not attend the verdict. They gave a more equivocal response to the court decision.
In a statement released via Norfolk police they said the past year had been “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 continued: “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.”
Andy Hall, a migrants’ rights activist from Britain who is working for the defence, told the Guardian the men would apply to the appeals court and, if that failed, to the supreme court. “I was shocked by the strength of the verdict,” Hall said.
Related: Why UK role in backpackers murder case still worries rights groups
Speaking to BBC Radio 4’s Today programme, Hall said the defence team strongly disagreed with the Miller family’s assessment. “This investigation was a shambles from the beginning,” he said. “The defence team have had access to all the information in this case in order to defend the accused, and the information that we saw was not information that complied with international standards. It was information that was full of holes, full of errors. On that basis we believe that the prosecution failed to prove beyond reasonable doubt that Wai Phyo and Zaw Lin were guilty of these horrific crimes.”
Human rights groups have noted that migrant workers from Myanmar, of whom there are about 2.5 million in Thailand, with several thousand on Koh Tao, mainly working in the tourism industry, have previously been wrongly accused of crimes by Thai police.
Human Rights Watch called for the verdict to be reviewed in a “transparent and fair appeal process”. Phil Robertson, the deputy director of Human Rights Watch’s Asia division, said: “In a trial where torture allegations by the two accused were left uninvestigated and DNA evidence was called into question by Thailand’s most prominent forensic pathologist, both the verdict and these death sentences are profoundly disturbing.”
Maya Foa, director of the death penalty team at 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.”
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.
Michael Miller said the family disagreed with rights groups over the conduct of the investigation and the trial. “We believe that after a difficult start the Royal Thai police conducted a methodical and thorough investigation,” he said.
“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’ve 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.”
The case against the suspects 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 re-test, officers failed to retrieve the samples and one officer suggested they had been destroyed.The case against the suspects 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 re-test, 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.
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 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 the case quickly as it threatened 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 authorities had been under pressure to solve the case quickly as it threatened 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 has 30 days to appeal against 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.
Speaking to BBC Radio 4’s Today programme, Hall said the defence team strongly disagreed with the Miller family’s assessment of the police investigation.
“This investigation was a shambles from the beginning,” he said. “The defence team have had access to all the information in this case in order to defend the accused, and the information that we saw was not information that complied with international standards. It was information that was full of holes, full of errors.
“On that basis we believe that the prosecution failed to prove beyond reasonable doubt that Wai Phyo and Zaw Lin were guilty of these horrific crimes.”
Hall said the defence, partly funded by small donations, had “tried their best under very challenging circumstances”.
He added: “Of course, more could have been done. We were up against, essentially, the state, against a huge effort by the Thai government and the Thai police to bring this conviction to a successful end.”
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.”