Myanmar migrants found guilty of killing British backpackers

AP News
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Posted: Dec 24, 2015 5:42 AM
Myanmar migrants found guilty of killing British backpackers

KOH SAMUI, Thailand (AP) — A Thai court on Thursday sentenced two Myanmar migrants to death for the murder of two British backpackers on a resort island last year, in a case that raised questions about police competence and the judicial system in Thailand.

Human Rights Watch called the verdict "profoundly disturbing," citing the defendants' accusations of police torture that were never investigated and questionable DNA evidence linking them to the crime. But the family of one of the victims said they believed justice had been done.

Win Zaw Htun and Zaw Lin, both 22, have denied killing David Miller, 24, and raping and then murdering Hannah Witheridge, 23. Their defense attorney said they planned to appeal.

Miller's and Witheridge's battered bodies were found Sept. 15, 2014, on the rocky shores of Koh Tao, an island in the Gulf of Thailand known for its white sand beaches and scuba diving. Autopsies showed that the two, who met on the island while staying at the same hotel, suffered severe head wounds and that Witheridge had been raped.

In its ruling, the court on nearby Samui island said prosecutors had presented evidence from the crime scene and provided witness testimony that proved "without any doubt to the court" that the two men had killed Miller and raped Witheridge before murdering her "to cover up their wrongdoings." DNA evidence showed that the semen of both men was found inside Witheridge, the court said.

It said its ruling did not depend on what the defendants said during interrogation by police. The men have said confessions they made were extracted under duress.

Miller's family said after the verdict that they had initial doubts about the investigation but found the evidence against the accused to be "absolutely overwhelming."

"They have shown no remorse during the trial. Initially they confessed for almost two weeks and then recanted in an attempt to avoid justice," Michael Miller, David's brother, said in a statement read alongside his two parents. "We believe the correct verdict has been reached."

Witheridge's family, which was not present to hear the verdict, said they "had to endure a lot of painful and confusing information" during the trial. "We now need time, as a family, to digest the outcome of the trial and figure out the most appropriate way to tell our story."

The killings tarnished the image of Thailand's tourism industry, which was already struggling to recover after the army staged a coup just months earlier in May 2014.

From the start, the case raised questions about police conduct. Investigators faced a variety of criticism, starting with their failure to secure the crime scene, and then for releasing several names and pictures of suspects who turned out to be innocent.

After Britain's Foreign Office expressed concern to Thai authorities about the way the investigation was being conducted, British police were allowed to observe the case assembled by their Thai counterparts.

Under intense pressure to solve the case, police carried out DNA tests on more than 200 people on Koh Tao.

The two migrants, who had entered Thailand illegally and were working on the island, were arrested about two weeks after the murders. Police said they confessed to the killings and that DNA samples linked them to the crimes. Both men later retracted their confessions, saying they had been coerced by police. Police have denied the accusation.

One of the defendants, Win Zaw Htun, also known as Wai Phyo, testified that he was tortured, beaten and threatened so he would confess. He told the court that police handcuffed him naked, took pictures of him, "kicked him in the back, punched him, slapped him, threatened to tie him to a rock and drop him in the sea," according to defense lawyer Nakhon Chompuchat.

Zaw Lin, the other defendant, testified that he was blindfolded, beaten on his chest and told he would be killed if he didn't admit to the charges, Nakhon said, adding, "He also said he was constantly suffocated by a plastic bag that was put over his head until he passed out."

The case hinged on DNA evidence that police and prosecutors said linked the suspects to the crime but the defense said is flawed.

Thailand's best known forensics scientist, Porntip Rojanasunand, testified that police had mishandled evidence, including the hoe the authorities say was the murder weapon. She tested the hoe and found that it contained DNA from two males — but not from the suspects.

Human Rights Watch called for the verdict to be reviewed in a "transparent and fair appeal process."

"In a trial where torture allegations by the two accused were left uninvestigated and DNA evidence was called into question by Thailand's most prominent forensic pathologist, both the verdict and these death sentences are profoundly disturbing," said Phil Robertson, the deputy director of Human Rights Watch's Asia division.

About 2.5 million people from Myanmar work in Thailand, most as domestic servants or in low-skilled manual jobs such as construction, fisheries or the garment sector. Migrants are often abused and mistreated without the safeguard of rights held by Thai citizens.

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Gecker reported from Bangkok. Associated Press writer Nattasuda Anusonadisai in Bangkok contributed to this report.