On Wednesday, during the eighth day of the trial on the island of Koh Samui, the court heard testimony from lawyer Pittaya Yaipetch who told the court that defendant Zaw Lin admitted following and attacking the pair.
He is accused of murdering Mr Miller – a former Victoria College student – and Miss Witheridge with fellow migrant Wai Phyo after the backpackers bodies were found on Sairee beach on the Thai island of Koh Tao in the early hours of 15 September last year.
The evidence contradicts allegations from defence lawyers and human rights activists that the men were tortured into their confessions which they later withdrew.
‘Zaw Lin said he hit Mr Miller with a garden hoe while he was lying on top of Miss Witheridge but his victim jumped to his feet and tried to fight him off. He hit him again and he fell down.
‘The suspect said his friend, Wai Phyo, was punching Miss Witheridge until she fell unconscious.’
The lawyer then described how the pair allegedly continued to attack Miss Witheridge and then raped her. Mr Yaipetch said Zaw Lin told police that he intended to kill Miss Witheridge ‘so she could not identify us’.
Following their confessions the defendants later told their lawyers that police had threatened to pour petrol on them and burn them, chop off their limbs, put them in plastic bags and dump them at sea if they did not confess.
The court also heard evidence from a doctor who examined Zaw Lin after his interrogation. Doctor Chan Chai, of Nathon hospital on Koh Samui, said he conducted a CT scan on the suspect and identified possible injury to his rib cartilage. However the doctor said he did not know how the injuries were caused.
Today the court was due to hear from more prosecution witnesses including crime scene investigators, translators and observations lawyers.
The defendants deny charges of murder, rape and robbery. The trial continues.
