Fellow backpacker Hannah Witheridge’s parents have also left the country following the start of the trial of Burmese migrants Zaw Lin and Wai Phyo, who may face the death penalty if they are convicted.

Mr Miller (24) and Miss Witheridge (23) were found dead on the island of Ko Tao in the gulf of Thailand last September.

Last week it emerged that there may not be enough DNA evidence left to retest, a request made by the defendants’ lawyers, who have also claimed that Thai authorities made mistakes while processing the crime scene on the idyllic island.

The legal team representing the accused have since claimed the case is on the verge of collapse.

Meanwhile, DNA evidence not been lost, Thai police have said.

On Thursday during the second day of the trial, police Lieutenant Colonel Somsak Nurod said key DNA evidence ‘may have been lost’.

Burmese migrants Zaw Lin and Wai Phyo, both 22, are standing trial at a court in Koh Samui accused of killing the pair.

But now Police Colonel Somkiat Kaewmook, deputy police chief of Surat Thani province, which covers Koh Samui, and the legal coordinator for forensic police, said no evidence has been lost.

‘But those remaining items that are solid we will send to the court.’

Late in the hearing yesterday the three judges in the trial ruled that a garden hoe, which is believed to be the murder weapon, as well as the victims’ flip-flops and rubbish bags found near the hoe can be re-tested for DNA by an independent expert. But the court was told that there was no more DNA to be found on cigarettes and a condom found at the scene.

In April defence lawyers submitted formal requests for DNA samples to independently tested.

The defendants deny charges of rape, murder and robbery and the case is due to continue on 22 July.

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