A Thai court yesterday ordered the re-examination of key evidence in a case where two Myanmar migrant workers are accused of the rape and murder of British backpackers.





At the defence team’s request, the physical and DNA evidence will be sent to the Thai Ministry of Justice’s Central Institute of Forensic Science for an analysis independent of the police investigation. British forensics experts are also expected to later assist the defence.

“We are delighted by the court’s decision,” said migration expert and adviser to the defence Andy Hall. “This increases the opportunity for a fair trial and for the real facts behind this horrific murder to come out.”

Ko Zaw Lin and Ko Wai Phyo, 21, were arrested last September on Koh Tao for the violent murder of two British tourists, David Miller and Hannah Witheridge.

The defence argued that to prevent “a miscarriage of justice” they need an independent evaluation of critical forensic evidence supposedly linking the defendants to the bodies of the victims.

The police force’s handling of the case has already elicited accusations of unfairness and failure to follow due process. British and Myanmar diplomatic missions to Thailand have both raised concerns and become involved in the case.

Fears of a botched investigation arose after alleged confessions from the suspects were withdrawn amid allegations of torture, as well as the investigators’ presumption soon after the killings that a Thai person could not have committed the crime.

U Htoo Chit, a spokesperson for an investigation team formed by the Myanmar embassy, swore to the suspects’ innocence in February, stating that the “strongest case against them is for illegal working status”.





Myanmar lawyers assigned to assist in the defence were not present at the pre-trial hearing yesterday when, in addition to the request for a re-examination of evidence, the defendants also made remarks.

Ko Zaw Lin and Ko Wai Phyo, who were brought to the Koh Samui court in prison attire and ankle shackles, expressed concern about the conditions of their pre-trial detention.

“So many people are crowded into one cell they have nowhere to sleep. The toilet for all of the people in the cell is right next to the sleeping area. The conditions are really deplorable and inhumane,” said Mr Hall.

He added that their situation was “not likely to change” as issues with sanitation and overcrowding are endemic to Thai jails.

The court reportedly responded that the poor conditions reflect a “budgetary issue”.