Guilt not shown in Koh Tao trial
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A defendant in the Koh Tao rape and murder of two British tourists said he was beaten into confessing.
To demonstrate that genuine rule of law exists in Thailand, justice must be not only be done, but must be seen to be done. Thai Criminal Code S134/4 stipulates that, for any statement given by a suspect to be admissible in court, he must first have been informed of his right to silence and to legal counsel during interrogation. Also, he cannot be tortured or misled.
So the prosecution should provide video of the entire interrogation that shows the suspect’s lawyer was present throughout, and require the lawyer to swear under oath as to the video’s veracity. But such proof of its compliance with S134/4 has not been provided.
The police say that DNA found on the female victim’s body will show the truth. But the defence has not been allowed to analyse that DNA, the police lab is not ISO-certified to analyse DNA samples, and having their own lab test the DNA is clearly a conflict of interest.
The cops haven’t shown that they’ve followed S134/4, they haven’t let the defence analyse the victim’s DNA, the police lab wasn’t internationally certified to analyse DNA, and they should have used a neutral, fully qualified lab.
The accused might well be guilty of the rape and murder, but the evidence presented doesn’t prove it. To show that justice has been done, and thus preserve Thailand’s image, both defendants must be freed.
Burin Kantabutra
