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| Burmese men to face trial for murder of British backpackers in Thailand | Burmese men to face trial for murder of British backpackers in Thailand |
| (35 minutes later) | |
| The trial of Burmese migrant workers accused of killing British tourists Hannah Witheridge and David Miller on Koh Tao island last September is to start this week. The high-profile case has thrown the spotlight on Thailand’s legal failings and distressed the grieving families. | |
| The criminal trial of Zaw Lin and Wai Phyo will begin on Wednesday at a court on the nearby and larger island of Koh Samui and is expected to end on 25 September. A verdict is expected in October. | |
| The legal team representing the 22-year-old bar and restaurant workers is made up of pro-bono lawyers and human rights activists who accuse Thai police of improperly collecting evidence at the crime scene, intimidation and abuse of witnesses and suspects, and not sharing key forensic evidence with the defence, a move they say seriously impedes a fair trial. | The legal team representing the 22-year-old bar and restaurant workers is made up of pro-bono lawyers and human rights activists who accuse Thai police of improperly collecting evidence at the crime scene, intimidation and abuse of witnesses and suspects, and not sharing key forensic evidence with the defence, a move they say seriously impedes a fair trial. |
| Thai police have denied any wrongdoing. | Thai police have denied any wrongdoing. |
| The court in April ordered that DNA and other physical evidence linking the Burmese migrant workers to the murder could be independently checked, a move the suspects’ lawyers said could help ensure justice is served. But the defence was later told the court would only answer these requests on the first day of the trial. | The court in April ordered that DNA and other physical evidence linking the Burmese migrant workers to the murder could be independently checked, a move the suspects’ lawyers said could help ensure justice is served. But the defence was later told the court would only answer these requests on the first day of the trial. |
| The defence has also accused the UK Foreign Office of being complicit in ensuring the men will not receive a fair trial after officials in London also refused to share any details about the prosecution’s case. Their lawyers say this information is vital to allow the two men to defend themselves. | |
| Metropolitan police detectives were sent to Thailand last year to look over the case and report back to officials and the families. | Metropolitan police detectives were sent to Thailand last year to look over the case and report back to officials and the families. |
| In the runup to the trial, the Guardian has learned that UK authorities have now provided some information to the defence. | In the runup to the trial, the Guardian has learned that UK authorities have now provided some information to the defence. |
| “There has been a lot more advance disclosure from the British side,” said Andy Hall, a migrants’ rights activist from Britain who is working for the defence. | |
| “We’ve also had positive cooperation from UK-based witnesses,” Hall said. | “We’ve also had positive cooperation from UK-based witnesses,” Hall said. |
| There has been a lot more advance disclosure from the British side. | There has been a lot more advance disclosure from the British side. |
| Hall refused to detail what information had been provided, which agency provided it or how it would affect the trial. A UK Foreign Office spokeswomen also refused to comment on that issue but said consular officers provided support and assistance to the families of Witheridge, 23, from Norfolk, and Miller, 24, from Jersey. | |
| “We want to see whoever committed these murders brought to justice through a fair and transparent process,” the spokeswoman said. | “We want to see whoever committed these murders brought to justice through a fair and transparent process,” the spokeswoman said. |
| Hall said he and the lead defence lawyer, Nakhon Chompuchat, were working with the defence to ensure justice though a fair trial to all involved, including the families of Witheridge and Miller. | |
| Retracted confessions | Retracted confessions |
| During a frantic two-week investigation last year, Thailand’s prime minister, Gen Prayuth Chan-ocha, said he believed migrant workers were the culprits. Soon afterwards, the two young Burmese men were arrested. | During a frantic two-week investigation last year, Thailand’s prime minister, Gen Prayuth Chan-ocha, said he believed migrant workers were the culprits. Soon afterwards, the two young Burmese men were arrested. |
| The men initially admitted to the murder of Miller, who suffered head injuries and drowned in shallow water, and the rape and murder of Witheridge, who died from severe head injuries. Police said they were motivated by sexual jealousy after seeing the Britons together on the beach. | The men initially admitted to the murder of Miller, who suffered head injuries and drowned in shallow water, and the rape and murder of Witheridge, who died from severe head injuries. Police said they were motivated by sexual jealousy after seeing the Britons together on the beach. |
| Related: Koh Tao’s dark side: dangers of island where Britons were murdered | Related: Koh Tao’s dark side: dangers of island where Britons were murdered |
| They were taken to the crime scene at the beach by the police – handcuffed and wearing body armour and helmets – to make a very public reenactment of the crime. But they then retracted their confessions, saying they had been tortured and threatened with death by their interrogators. | They were taken to the crime scene at the beach by the police – handcuffed and wearing body armour and helmets – to make a very public reenactment of the crime. But they then retracted their confessions, saying they had been tortured and threatened with death by their interrogators. |
| Human rights groups including Amnesty International have become involved, noting that Burmese migrant workers, of whom there are around 2.5 million, have previously been wrongly accused of crimes by Thai police. | Human rights groups including Amnesty International have become involved, noting that Burmese migrant workers, of whom there are around 2.5 million, have previously been wrongly accused of crimes by Thai police. |
| Rights group Reprieve has also expressed alarm that British police might have provided evidence to Thai authorities who are seeking a death sentence. Under a British government protocol, British police and officials should not normally provide evidence when defendants face capital punishment in a foreign jurisdiction without getting assurances that a death sentence will not be carried out. | |
| “[UK authorities] must ensure that the Thai authorities comply with their international human rights obligations,” Maya Foa, director of Reprieve’s death penalty team, told the Guardian. | “[UK authorities] must ensure that the Thai authorities comply with their international human rights obligations,” Maya Foa, director of Reprieve’s death penalty team, told the Guardian. |
| The start of the trial will last three days, in which the prosecution is expected to call on witnesses who first came across the bodies. | The start of the trial will last three days, in which the prosecution is expected to call on witnesses who first came across the bodies. |
| Witheridge’s family said in the joint statement in December that UK detectives who travelled to Thailand cooperated with Thai police. | Witheridge’s family said in the joint statement in December that UK detectives who travelled to Thailand cooperated with Thai police. |
| “We would like to stress that as a family we are confident in the work that has been carried out into these atrocious crimes and want to remind both press and public that they do not have the full facts to report and make comment on at this stage,” the family said. | “We would like to stress that as a family we are confident in the work that has been carried out into these atrocious crimes and want to remind both press and public that they do not have the full facts to report and make comment on at this stage,” the family said. |
| Miller’s family said “evidence collected by the Royal Thai police will be presented at court and we hope the suspects are granted a fair and transparent trial. We are thankful of the oversight of pressure groups such as Reprieve and Amnesty.” | Miller’s family said “evidence collected by the Royal Thai police will be presented at court and we hope the suspects are granted a fair and transparent trial. We are thankful of the oversight of pressure groups such as Reprieve and Amnesty.” |
| “From what we have seen, the suspects have a difficult case to answer. The evidence against them appears to be powerful and convincing,” they said. | “From what we have seen, the suspects have a difficult case to answer. The evidence against them appears to be powerful and convincing,” they said. |
| “Please remember that this is above all a story of two wonderful young people, David and Hannah, killed in the prime of their lives in a senseless and brutal way.” | “Please remember that this is above all a story of two wonderful young people, David and Hannah, killed in the prime of their lives in a senseless and brutal way.” |
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