Case ‘hinges’ on foreign witnesses

Case ‘hinges’ on foreign witnesses

Lawyer for Koh Tao accused concerned about fairness

A defence lawyer for two Myanmar workers on trial over the Koh Tao tourist murders says their case hinges on whether they will be able to get overseas witnesses to testify.

Zaw Lin and Wai Phyo, both 21, are accused of killing Britons David Miller, 24, and Hannah Witheridge, 23, who were found bludgeoned to death on a beach on Koh Tao on Sept 15. Both men have denied the charges.

Surapong Kongchantuk, one of a 40-strong team from the Lawyers Council of Thailand (LCT) representing the pair, said they were trying to call witnesses from the UK and Myanmar.

“I am being optimistic about the case,” he told the Bangkok Post Sunday. “If we can get the foreign witnesses we want from Myanmar and the UK, then I am sure we will have enough evidence that will be very useful for the two suspects.

“I only hope we can get all of them here for the trial, otherwise we won’t stand that much of a chance.”

Zaw Lin and Wai Phyo, who were working illegally on Koh Tao at the time of the killings, face multiple charges. They include premeditated murder, killing to conceal a criminal offence, rape, illegal entry into Thailand and staying in the country without permission.

The pair are being held at the Koh Samui District Prison by order of the Surat Thani Provincial Court. They have twice been denied bail by the court after being considered a flight risk. “I also went there with a representative from the Myanmar embassy who offered to guarantee that they will return for the trial, but the court rejected the application,” Mr Surapong said.

Tawatchai Siengjaew, the director general for the Office of the Public Prosecution for Region 8, said the trial was scheduled to resume on July 8, when five witnesses are due to appear. In all, the prosecution will call 65 people to testify, including police, eyewitnesses and forensic experts, said Mr Tawatchai.

Mr Surapong expects the court proceedings to finish by September.

The lawyer also expressed concerns his clients would not receive fair treatment. He said he filed a complaint with the Department of Special Investigation over an alleged assault by police when the Myanmar pair were in custody which has so far been ignored.

Police earlier said the two workers had confessed to the murders. However, the confessions were later retracted after lawyers from the LCT visited them on Oct 21.

The pair said they only confessed after being tortured by police.

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