Koh Tao murder defendants plead 'not guilty'

Koh Tao murder defendants plead 'not guilty'

Two Myanmar workers have pleaded not guilty to charges including murder over the killing of two British tourists in Thailand, their lawyer said Monday.

Defendants in the Koh Tao double murder case Zaw Lin and Wai Phyo arrives at the Koh Tao Provincial Court on Monday to hear charges against them. They pleaded not guilty to all six charges including murder an drape. (Photo by Supapong Chaolan)

The bodies of David Miller, 24, and Hannah Witheridge, 23, were found on a beach on the southern island of Koh Tao on Sept 15. Police arrested Myanmar workers Zaw Lin and Wai Phyo, both 21, in October, saying DNA taken from the pair matched samples found on the victims.

The Myanmar men, who faces charges ranging from conspiracy to commit murder and rape to illegal entry, were taken to court on Koh Samui on Monday to hear the charges.

"They pleaded not guilty to all the charges today," Thanu Akekachote, a lawyer representing the pair, told Reuters. "It is my understanding that the court wants to speed this up given its impact on tourism and international relations."

Prosecutors on Thursday indicted both men on five counts - premeditated murder, killing to conceal a criminal offence, rape, illegal entry into Thailand and staying in the country without permission.

Wai Phyo additionally was indicted for allegedly stealing Miller's mobile phone and sunglasses.

After the Koh Samui Provincial Court read out the charges, the two defendants reportedly conferred with their attorney from the Lawyers Council of Thailand, Nakhon Chomphuchat, for about 10 minutes before denying all charges. 

Deputy chief judge of the Koh Samui Provincial Court Sunawin Suriyapan set Feb 25 for the next hearing to examine evidence and hear from witnesses for the plaintiff and defendants.

Mr Nakhon admitted he felt heavyhearted as the defendants could not yet refute some allegations against them. The charges levelled by prosecutors carry serious and heavy penalties, including death, he noted.

"The defendants' legal team is examining their evidence to see how solid it is," Mr Nakhon said. "The court has kindly advised that if the defendants' evidence could not refute (the allegations), the defendants should confess, which will be beneficial to both of them."

Judges typically cut in half the sentences of defendants who confess.

Tun Aye, Myanmar’s deputy ambassador to Bangkok, said the embassy plans to submit another bail application for Zaw Lin and Wai Phyo, along with assurance they will not flee Thailand.

Aung Myo Thant, a legal officer at the Myanmar embassy said he still believed more than 70% in the defendants' innocence. The case will, however, depend on the court's discretion, he said, adding that he respects the judge's ruling and the laws of Thailand.

The investigation into the murders has been marred by allegations of police incompetence and torture. The suspects said they were beaten and threatened by police, allegations which police deny.

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