Koh Tao investigation full of holes

THURSDAY, SEPTEMBER 24, 2015
Koh Tao investigation full of holes

It should be easy for the Samui court to see that the police have botched their investigation of the brutal murders of two British backpackers and lack credible evidence against the two defendants.

The cops’ case relies mainly on DNA tests and the defendants’ “confessions”. Pornthip Rojanasunand, head of the Justice Ministry’s Forensics Institute, has testified that the suspects’ DNA did not match that found on the alleged murder weapon. The cops say it does match, but Pornthip’s laboratory has been certified with the ISO1725 international standard for forensic analysis of DNA evidence, while the police lab has not. The police lab first “lost” the DNA, then “found” it, prompting suspicion that the DNA was planted after the fact.
Regarding the “confessions”, Thai Criminal Code Article S134/4 states that a defendant is entitled to legal counsel during interrogations and must be informed of that right before questioning starts. Otherwise, any information given is inadmissible in court. Both defendants have retracted their “confessions”, saying that they were obtained under pressure. The cops could easily disprove this claim by, say, showing video footage of the entire interrogation with the defendants’ lawyers present – so why haven’t they? 
Of course, the two accused might, in fact, be guilty – but that cannot be proved on the basis of the evidence thus far presented. 
As in the Phuket court’s acquittal of the Phuketwan defendants, the Samui court can best serve Thailand by showing that justice has been done – and throw the cops’ botched case out.
Burin Kantabutra