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British backpacker murder case that put Thailand on trial British backpacker murder case that put Thailand on trial
(about 14 hours later)
Hannah Witheridge and David Miller were just two of 83 Britons murdered overseas last year, according to the Foreign Office. The brutality of their deaths on a sleepy and picturesque beach on Koh Tao island in September 2014 shocked the UK and Thailand, and made headlines across the world.Hannah Witheridge and David Miller were just two of 83 Britons murdered overseas last year, according to the Foreign Office. The brutality of their deaths on a sleepy and picturesque beach on Koh Tao island in September 2014 shocked the UK and Thailand, and made headlines across the world.
But the subsequent Thai murder investigation – one of the first tests for a military junta that took power in a coup last year – drew even greater international attention, amid allegations of multiple police failings and calls for justice for the two Burmese migrants whose guilt was implied many months before their trial even started.But the subsequent Thai murder investigation – one of the first tests for a military junta that took power in a coup last year – drew even greater international attention, amid allegations of multiple police failings and calls for justice for the two Burmese migrants whose guilt was implied many months before their trial even started.
“This is one of the highest-profile consular cases we have in the world right now,” a British embassy spokesman told the Guardian before the verdicts were delivered on Thursday, when the two men were found guilty and sentenced to death. Many speculate the killer still walks free. “This is one of the highest-profile consular cases we have in the world right now,” a British embassy spokesman told the Guardian before the verdicts were delivered on Thursday, when the two men were found guilty and sentenced to death. Many people speculate that the killer still walks free.
Witheridge, 23, from Norfolk, and Miller, 24, from Jersey, were found by the rocks on the smooth sands of the Sairee beach in September 2014, both with severe head wounds.Witheridge, 23, from Norfolk, and Miller, 24, from Jersey, were found by the rocks on the smooth sands of the Sairee beach in September 2014, both with severe head wounds.
Within days of the killings, Thailand’s freshly empowered junta was tripping over itself. Gen Prayuth Chan-ocha, who installed himself as prime minister, appeared to blame the victims, stating that tourists “think our country is beautiful and is safe so they can do whatever they want. But I ask: will they survive in Thailand if they dress in bikinis? [Only if] they are not beautiful.”Within days of the killings, Thailand’s freshly empowered junta was tripping over itself. Gen Prayuth Chan-ocha, who installed himself as prime minister, appeared to blame the victims, stating that tourists “think our country is beautiful and is safe so they can do whatever they want. But I ask: will they survive in Thailand if they dress in bikinis? [Only if] they are not beautiful.”
And when he later apologised for this remark, he made a second blunder, implying that foreign migrant workers, of which there are about 3,000 in Koh Tao, were guilty.And when he later apologised for this remark, he made a second blunder, implying that foreign migrant workers, of which there are about 3,000 in Koh Tao, were guilty.
“We have to help take care of [our nation] and not let not-good people mingle with us, such as unregistered alien workers. We can’t let them work like that. It’s dangerous and it can cause damage to the country,” he said.“We have to help take care of [our nation] and not let not-good people mingle with us, such as unregistered alien workers. We can’t let them work like that. It’s dangerous and it can cause damage to the country,” he said.
Soon after, the two young Burmese men were arrested.Soon after, the two young Burmese men were arrested.
Close to three million Burmese live in Thailand. They commonly experience low pay and poor conditions, and rights groups say it is not unknown for police to blame them for crimes. Close to 3 million Burmese live in Thailand. They commonly experience low pay and poor conditions, and rights groups say it is not unknown for police to blame them for crimes.
Police extracted confessions from bar workers Zaw Lin and Wai Phyo, both now 22, who were then paraded on Sairee beach to re-enact the murders in front of the media – a common practice in Thai investigations that is condemned as suggesting the suspect’s criminality.Police extracted confessions from bar workers Zaw Lin and Wai Phyo, both now 22, who were then paraded on Sairee beach to re-enact the murders in front of the media – a common practice in Thai investigations that is condemned as suggesting the suspect’s criminality.
Police said the pair were motivated by sexual jealousy after seeing the Britons together on the beach. But the case swiftly unravelled. The two later said they had been tortured during interrogation and forced to sign a confession.Police said the pair were motivated by sexual jealousy after seeing the Britons together on the beach. But the case swiftly unravelled. The two later said they had been tortured during interrogation and forced to sign a confession.
The families of Miller and Witheridge ultimately backed the Thai police after a Metropolitan police review of the investigation, adding that the “suspects have a difficult case to answer”.The families of Miller and Witheridge ultimately backed the Thai police after a Metropolitan police review of the investigation, adding that the “suspects have a difficult case to answer”.
But when the trial started in July, more inconsistencies were gradually revealed by the defence, a team of Thai human rights lawyers and a British labour rights activist called Andy Hall.But when the trial started in July, more inconsistencies were gradually revealed by the defence, a team of Thai human rights lawyers and a British labour rights activist called Andy Hall.
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.
“Police told me that as I had no passport, I had no rights,” he said, adding that his interrogators said Burmese migrants had been killed before for not cooperating.“Police told me that as I had no passport, I had no rights,” he said, adding that his interrogators said Burmese migrants had been killed before for not cooperating.
The case against the men rests 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, police failed to retrieve the samples and one officer suggested they had been destroyed.The case against the men rests 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, police failed to retrieve the samples and one officer suggested they had been destroyed.
The police case was further battered when the head of the Thai forensics institute, Porntip Rojanasunand, told judges DNA on a garden hoe found bloodied near the deceased did not match the defendants. The police case was further damaged when the head of the Thai forensics institute, Porntip Rojanasunand, told judges DNA on a garden hoe found bloodied near the deceased did not match that of the defendants.
Thai police deny any wrongdoing.Thai police deny any wrongdoing.
In a message passed to the Guardian through a member of the defence days before the verdict, the defendants said they were confident in the justice process. “We were not involved, we don’t know how they can try and match us to these crimes, but we had nothing to do with what happened, we too are confused how they can try and link us to this crime,” they said.In a message passed to the Guardian through a member of the defence days before the verdict, the defendants said they were confident in the justice process. “We were not involved, we don’t know how they can try and match us to these crimes, but we had nothing to do with what happened, we too are confused how they can try and link us to this crime,” they said.
That the two Burmese suspects were made scapegoats so quickly was just one part of an omnishambolic police investigationThat the two Burmese suspects were made scapegoats so quickly was just one part of an omnishambolic police investigation
Human rights groups, including Amnesty International, have become involved in the trial, warning about potential miscarriages of justice. Human rights groups, including Amnesty International, have become involved in the trial and warned about potential miscarriages of justice.
“The fact that the two Burmese suspects have been made scapegoats that quickly was just one part of an omnishambolic police investigation that doesn’t warrant any trust or faith in the whole case,” the Thai political blogger Saksith Saiyasombut said. “It also hints at a general attitude by many Thais towards foreigners from neighbouring countries – mostly guest workers – as something lower than themselves.”“The fact that the two Burmese suspects have been made scapegoats that quickly was just one part of an omnishambolic police investigation that doesn’t warrant any trust or faith in the whole case,” the Thai political blogger Saksith Saiyasombut said. “It also hints at a general attitude by many Thais towards foreigners from neighbouring countries – mostly guest workers – as something lower than themselves.”
The two men, who appeared in court wearing thick shackles on their wrists and ankles, have also drawn the sympathy of a group of British nationals living on Koh Samui who would visit them in jail every week to bring food and company.The two men, who appeared in court wearing thick shackles on their wrists and ankles, have also drawn the sympathy of a group of British nationals living on Koh Samui who would visit them in jail every week to bring food and company.
Family-run islandsFamily-run islands
An alternative narrative to the one offered by the police – and which is popular among residents of Koh Tao and Koh Samui – is that the assailant was linked to powerful families on the islands.An alternative narrative to the one offered by the police – and which is popular among residents of Koh Tao and Koh Samui – is that the assailant was linked to powerful families on the islands.
Many Britons live on Koh Samui, the largest and most developed island in the archipelago, where the trial has been held in a fortress-like court surrounded by palms. They say privately that it becomes apparent fairly quickly that the islands are run my mafia-type families. Many Britons live on Koh Samui, the largest and most developed island in the archipelago, where the trial has been held in a fortress-like court surrounded by palms. They say privately that it becomes apparent fairly quickly that the islands are run by mafia-type families.
Koh Tao, much smaller than Koh Samui, is known as a laid-back diving spot and still hosts infamously drug-fuelled full moon parties. Cocaine and crystal meth – known here as “crazy drug” – are easy to find and their trade is controlled by families on the island, locals say.Koh Tao, much smaller than Koh Samui, is known as a laid-back diving spot and still hosts infamously drug-fuelled full moon parties. Cocaine and crystal meth – known here as “crazy drug” – are easy to find and their trade is controlled by families on the island, locals say.
These families are powerful enough to make deals with the local authorities, residents say, and are also seen as a longstanding stabilising force on the tropical islands far from the central government in Bangkok. These families are powerful enough to make deals with the local authorities, residents say, and are also seen as a a longstanding stabilising force on the tropical islands far from the central government in Bangkok.
“In some places the police and organised crime are uncomfortably close together. So I wouldn’t be surprised if certain directions in the investigations are either not being investigated or even outright dismissed,” Saksith said.“In some places the police and organised crime are uncomfortably close together. So I wouldn’t be surprised if certain directions in the investigations are either not being investigated or even outright dismissed,” Saksith said.
Few Thai media organisations reported from the court for much of the trial. One translator employed by Sky News said she was “warned off” helping journalists by the Thai “mafia” after working for them for one day.Few Thai media organisations reported from the court for much of the trial. One translator employed by Sky News said she was “warned off” helping journalists by the Thai “mafia” after working for them for one day.