Koh Tao murders defence details torture, intimidation

Koh Tao murders defence details torture, intimidation

Defence witnesses for two Myanmar migrant workers accused of murdering two young British tourists on Koh tao testified that torture and intimidation are commonly used by local investigators.

The three witnesses -- a representative of the National Human Rights Commission, a lawyer who interviewed the defendants, and a fellow migrant worker -- all described how a violent and abusive system allegedly caused the suspects to make confessions they later recanted.

Defence lawyer Nakhon Chompuchat said it was a problem for his clients' case that other workers were too scared to testify.

The battered bodies of David Miller, 24, and Hannah Witheridge, 23, were found Sept 15 last year on the rocky shores of Koh Tao. Autopsies showed that the young backpackers, who had met on the island while staying at the same hotel, both suffered severe head wounds and that Witheridge had been raped.

Zaw Lin, co-defendant with his friend Win Zaw Htun, testified earlier this month in detail about the brutal methods Thai police allegedly used during their interrogation and how he was threatened with death if he did not confess. The two men, both 22 and bar workers on Koh Tao, acknowledge being on the beach the night the two Britons were killed, but deny any part in the crime. Thai authorities insist DNA evidence proves their guilt.

The defence earlier sought to discredit the Thai authorities' collection and analysis of DNA and other evidence as slipshod at best.

It also had a witness compare the forensic work done on the bodies by Thai authorities to that done later in Britain, and who pointed out significant differences in their findings.

The witness, Andy Hall, an advocate for migrant workers' rights, was given access to the British findings and testified about them on Wednesday.

Mr Hall also alleged that the whole process ''from investigation to arrest to detention to prosecution'' was violent or abusive, and said he had also experienced threats in connection with the case, including from the governor of the prison where the two defendants were held.

The human rights investigator, Janjira Kanpeang, testified about how the commission investigated the case and found that torture had been used, said Mr Hall and defence lawyer Nakhon.

"When someone's head is covered with a plastic bag, it is torture. When water is dripped on the head for the whole night, it is called torture," Mr Nakhon said.

Narinsak Laitaveewar, a lawyer who interviewed the defendants on behalf of the Lawyers Council of Thailand, spoke about how they recanted their confessions -- starting with a note they slipped to him -- and the legal ramifications of that.

Mr Hall said he was most impressed by the testimony of one of the defendants' friends, a fellow Myanmar worker, who told of a web of corruption among officials and labour brokers on Koh Tao which protects the business community and leaves migrants vulnerable.

Mr Nakhon said the man "talked about how frightening it is in Koh Tao if you were to talk about this case. Nobody talks, nobody wants to talk, nobody dares to talk."

"He even said that when police told you to do something and you don't do it, you will be beaten up," Mr Nakhon said.

Three more witnesses, including from the Myanmar embassy, are to testify Friday, which was originally set to be the last day of testimony. But the judge agreed to extend the hearing at the request of the defence, which said it wished to present more witnesses. The length of the extension is to be decided later.

Had testimony ended Thursday, a verdict might have been rendered in October, but an extension may push the date back to the end of the year, Mr Hall said.

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