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Thursday 24 December 2015

Two men found guilty of murdering two young British backpackers on idyllic Thai holiday island

Two men found guilty of brutally murdering two young British backpackers on an idyllic Thai holiday island have been sentenced to death.

Burmese migrants Zaw Lin and Wai Phyo, also known as Win Zaw Htun, initially confessed to the killings but later retracted their statements claiming they had been tortured by police.

The battered bodies of Hannah Witheridge, 23, and David Miller, 24, were discovered on a beach on the island of Koh Tao on September 15 last year.

This morning both defendants were found guilty of murder, rape and conspiring to hide the crimes.
Three judges returned their verdicts at a court on the island of Koh Samui following more than a year of legal proceedings.

The guilty verdict means that the men, who have always maintained they are scapegoats in a flawed police investigation, now face death by lethal injection.

A judge told the defendants they had both been found guilty of raping Ms Witheridge, for which they were sentenced to 20 years jail. They were then both found guilty of murder and were sentenced to death.

The defendants' mothers both burst into tears after an interpreter explained their sons had been found guilty of the horrific attacks. The men hugged the crying women before they were led away.


Mr Miller's father Ian, mother Sue and brother Michael all attended the court hearing this morning.
Speaking after the verdicts Mr Miller's brother said: 'We believe the result today was justice for David and Hannah.

'David always stood up for justice and justice is what was delivered today.
'We didn't know what to believe. It was easy to conclude they might be scapegoats. We heard the evidence and a group of activists has promoted their cause to the media.

'They had seven top lawyers and ultimately they obtained the best possible representation in court.
'We have attended the trial and gained respect for the court. We came to realise the police investigation was not the shambles it was made out to be.

'It is our opinion that the evidence against Zaw Lin and Wai Phyo is absolutely overwhelming.

Mr Miller continued: 'They have shown no remorse during the trial. Initially they confessed and then recanted in an attempt to avoid justice.

'We believe the correct verdict has been reached and we would like to thank those who have supported us over the last year.

'Hopefully campaigners who have followed this will accept the decision of the court.'
He said that his family's thoughts were also with the family of Miss Witheridge, who he said had suffered an 'unspeakable' ordeal before her death.
The men have been found guilty of of murdering Britons Hannah Witheridge, 23, and David Miller, 24

Mr Miller added: 'Our lives have been changed for ever. Nothing will bring David back. David was intelligent and hard working. Our hearts will be filled with the lightness he brought to our lives.'


Andy Hall, a British human rights activist who has been supporting the prisoners by visiting them in prison, said he remains convinced of their innocence.

He said: 'We sat through 21 days and the defence disputed many issues including missing evidence,' he said, announcing that defence lawyers were preparing an immediate appeal.

'We believe the truth will come out and we're confident the boys will be acquitted.

The boys themselves accept the decision but they are worried about their mothers. And yes they are going to appeal.
The mother of Myanmar defendant Win Zaw Tun, cries as she leaves the Koh Samui provincial court
Prosecutors say DNA evidence collected from cigarette butts, a condom and the bodies of the victims links the two suspects to the killings.

But lawyers representing Lin and Phyo, both 22, say DNA samples from the alleged murder weapon - a garden hoe - does not match that of the two suspects.

The defense team claims DNA evidence was mishandled by police and the defendants' confessions were a result of 'torture or abuse that made them fear for their lives' in the context of 'systematic abuse' of migrants on Koh Tao.

A bizarre re-enactment of the murders in which the suspects were paraded in front of the media was also 'staged under threat of violence', the lawyers added.

Thai police have denied using force during their investigation.

Miss Witheridge, a University of Essex student from Hemsby, Norfolk, and Mr Miller, of Jersey, who had just completed a civil and structural engineering degree at the University of Leeds, met on Koh Tao while staying at the same hotel.
 
A cleaner heading home in the early hours of the morning of September 15 last year came across their battered bodies on Sairee Beach.

Ms Witheridge had been savagely raped and beaten to death and Mr Miller had been beaten unconscious and left to drown in the incoming tide.

Police recovered the murder weapon - a short-handled garden hoe - from a small garden bed nearby.
It was weeks before police arrested the two Burmese cafe workers.

British police officers travelled to Thailand to help with the investigation into the deaths following a direct appeal from Prime Minister David Cameron to Thailand's military ruler.

The intervention came after General Prayuth Chan-ocha was forced to apologise for suggesting that foreign visitors to his country's world-famous beaches might be unsafe wearing bikinis following the murders.


The investigation into the murders on Koh Tao has been filled with drama, with one British backpacker, Sean McAnna, fleeing the island after claiming that local men had told him to kill himself because he was the killer.

The finger of suspicion then turned to the son of a prominent local businessman, until he was able to show that he wasn't even on the island when the murders occurred.

Those incidents followed a series of claims that Thai police bungled the investigation and had finally accused the Burmese men because they were under pressure to make an arrest.
Throughout the case there were disputes over the DNA analysis.

 As the Burmese were brought to court human rights groups and representatives of the Burmese government insisted that their claims they had been forced under torture to confess were true.

David Miller's family arrive at court this morning to hear the verdicts. Pictured: His mother Sue Miller walks next to an unidentified woman, along with his father Ian Miller and his brother Michael Miller

The men told the court that they had had plastic bags placed over their heads so they couldn't breathe, were physically beaten and were threatened with being killed and their bodies dumped in the sea.

The convicted men still have the right of appeal, but if they lose they will face mandatory execution.
Speaking outside the court this morning the men's defence team said they were shocked by the verdicts.

'The case against the two defendants was unjustified to begin with,' said leading defence lawyer Mr Nakhon Chomphuchat. 'The investigation and charges were conducted improperly, without any lawyers or witnesses present.

'There was also no translator for the defendants - and the gathering of DNA samples was done unwillingly.

He said these points would be part of the appeal process.

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