Following the conclusion of 21 days of witness testimony to a court in Koh Samui, the defence lawyers have issued their final statements outlining their belief that the prosecution’s case against the two accused Burmese migrants is seriously flawed.
- That the arrest and charges brought against the pair were unlawful.
- That the defendants were questioned without lawyers or adequate translators.
- That their original confessions, which were later retracted, were issued because they were tortured by investigators.
- That there is no DNA link between the murder weapon a garden hoe and the accused.
- That all other DNA evidence collected from the crime scene was not collected in accordance with international standards.
- That the prosecution failed to provide key evidence, such as crime scene photographs, autopsy and DNA analysis process reports.
The document outlines dozens of claims in which defence lawyers suggest that Zaw Lin and Wai Phyo – who are accused of killing Islander David Miller (24) and Hannah Witheridge (23) on the island of Koh Tao in September last year – cannot be found guilty beyond reasonable doubt.
If they are convicted, the two men face death by injection.
It is understood that the prosecution will also produce a document, but details have not been released to the media.
Throughout the case the prosecutors have maintained that they have concrete evidence against the defendants.
Earlier this month, during the last day of witness testimony, it emerged that a mobile phone which Wai Phyo had been in possession of on the night of the murders belonged to Mr Miller.
The evidence came to light after Mr Miller’s family, who live in Jersey, reportedly passed on the unique identification number to the Thai Embassy, who then presented a package of
information to prosecutors during the final hours of testimony.
The defendants admitted that they were on the beach that night and confessed to the murders and rape of Miss Witheridge in October last year, but later claimed that it was because they had been tortured.
A shortened version of the defence’s 56-page dossier has been released to the media.
The full version has been sent to judges, who are due to issue their verdict on Christmas Eve.
In a statement, the defence team said: ‘The written statement is the final part of a one-year effort by a core team of seven Thai lawyers supported by Burmese, Australian and British translators, assistants and advisors to ensure a fair trial and adequate defence for the accused.’
David Miller
‘Dangerous’ or ‘Disco’ Dave to his friends, former Victoria College student David Miller was described as ‘a trusted friend’ by his brother Michael at the funeral, which was attended by hundreds of people at Trinity Church in October. The ‘blooming blue-eyed’ Islander, who was a talented artist, had been travelling in Asia with friends after spending the summer working in Australia. Mr Miller began his trip after graduating from a Leeds University Master’s-level civil engineering course. After his death, scores of friends and relatives paid tribute to the ‘one of a kind’ who was known for his humorous and friendly personality.
Hannah Witheridge
The gifted student (23) had travelled to Koh Tao with three friends. It is believed that she met Mr Miller on the island.
She had recently completed a BA in education studies at the University of East Anglia in Norwich, graduating in 2012 before moving to Colchester to study for an MA in speech therapy.
12 September 2014: David Miller, Hannah Witheridge and friends arrive at Koh Tao separately. They are staying at the Ocean View Bungalows, Sairee Beach.
14 – 15 September (early morning): Mr Miller and Miss Witheridge are captured on CCTV at Choppers Bar and then entering separately the AC Bar near Sairee Beach. Zaw Lin and Wai Phyo and a friend are seen on CCTV buying cigarettes on Sairee Beach, close to where the victims’ bodies were found.
15 September: The bodies are discovered near rocks on Sairee Beach close to Ocean View Bungalows. Post-mortem examinations carried out at a later date reveal that Mr Miller was killed by blows to the head and drowning, while Miss Witheridge died from head injuries and may have been raped.
15 September to 2 October: Investigations are carried out as Koh Tao becomes a hot-bed of international media. Police say DNA recovered from cigarettes found near the bodies and on Miss Witheridge will be crucial to finding those responsible. DNA samples are subsequently taken from hundreds of people at Koh Tao.
Jersey brothers Christopher and James Ware, who had been sharing a room with Mr Miller in Koh Tao, voluntarily stay in Thailand to help the police with their inquires.
2 October: Zaw Lin and Wai Phyo are arrested. Zaw Lin is apprehended at Koh Tao and Wai Phyo at a ferry terminal in Muang district in the Surat Thani province on the mainland. Police then reveal that both men have confessed to the murders and that DNA evidence links them to the crime scene and DNA found on Miss Witheridge’s body.
3 October: Zaw Lin and Wai Phyo are made to publicly re-enact the alleged crime on Sairee Beach. The re-enactment is observed by the international media.
7 October: The National Human Rights Commission of Thailand visit Zaw Lin and Wai Phyo in Koh Samui prison. They report to the media that the defendants both confessed to the crimes because they had been tortured, reportedly by being given electric shocks.
14 October: Koh Samui Court holds a preliminary witness hearing for three Burmese prosecution witnesses. They testify that the defendants were on Sairee Beach the night of the murder and Wai Phyo had found a mobile phone which may have belonged to Mr Miller but had passed it onto his unidentified friend.
October 20 to 23: The UK Foreign Office announce that British detectives will travel to Thailand to oversee the investigation following an intervention from Prime Minister David Cameron as controversy surrounding the Thai police’s handling of the case grows.
21 October: Zaw Lin and Wai Phyo retract their confessions to lawyers. Both allege they were beaten and tortured into confessing.
6 November: The defendants formally retract their confessions to case investigators.
8 December: The pair are charged at Koh Samui Court with murder, rape, illegally entering the country and residing without documentation. They deny all the charges.
26 December: During a preliminary case hearing at Koh Samui Court, the prosecution and defence agree to an 18-day trial starting on 8 July.
22 to 30 April 2015: Defence submit a formal request for independent testing of the DNA profiles of the two accused. The presiding court judge indicates to the lawyers that he would consider ordering the re-examination of forensic evidence.
