Petition update

Anonymous Video and DNA Summary of Facts

Christopher Harkins
honolulu, U.S. Outlying Islands

Jan 4, 2016 — Below you will see an article written by Andrew Drummond which contains a summary about the facts of the DNA evidence and a link to a very informative video about the whole case and other cases of Royal Thai Police obstruction of justice and torturing and scapegoating of migrants for crimes that they very likely had nothing to do with.

From Andrew Drummond's site, an interesting and basic explanation of the alleged seminal DNA evidence in Koh Tao trial.

The following are excerpts of the full article. Please read Andrew Drummond's complete article contained in the link below

""SOME OLD WOUNDS, SOME NEW ONES, COME TO THE FORE AS CONTROVERSIAL MURDER TRIAL ROW CONTINUES

As the row over the conviction and death sentences of two young Burmese for the murders of Britons Hannah Witheridge and David Miller on the Thai island of Koh Tao continued to boil – it has become apparent that the controversial case has become a rallying point for other victims and relatives of victims of other similar cases.

While the Burmese government has asked Thailand to review the case and the Ambassador has complainied about being misquoted in a Bangkok Post report, demonstrations continue in Burma and at Thai Embassies abroad hundreds of Brits, including many expats, have gone on social media to express their views on Thai police.
It is now known that the trial judges completely dismissed the evidence of Thailand’s Chief Forensic scientist Dr. Pornthip Rojanasund and contemptuously dismissed the evidence of Andy Hall of the Myanmar Workers Rights Network who testified to the discrepancies in the Thai Post Mortem compared with one carried out on Hannah Witheridge in Norwich; and the identification of the ‘running man’ in the CCTV video on Koh Tao.

If the following assessment is to be believed, it appears that the court did not really understand DNA nor did the prosecution witnesses. This comes from a person who had been at the trial with considerable medical and legal experience.

1. It consists of a one page table replete with hand written amendments, date changes and data alterations. This document would NOT be admissible in any court in the UK, Australia, USA, EU, Hong Kong, Malaysia or Singapore.

2. It is NOT supported by any case notes, chain-of-custody records, nor statistics based on validated population data bases. The omission of that information is a COMPLETE abrogation of international ISO 17025 standards and would lead to a FULL audit of the police laboratory by an international accreditation agency!

3. The table has been used to match DNA components, which is an extreme oversimplification of the entire DNA process! It relies on single alleles rather than genotypes. (An allele is ONE of a pair of genes that appear in ONE part of a chromosome that help to determine heredity traits.)

4. Because there is NO statistical analysis to determine the probability of the stated frequencies in the table, it is absolutely NOT possible to determine the likelihood of the accused as being the contributors to the mixture! There, in fact, could be a VERY large number of other individuals who could NOT be ruled out as contributors!

5. It is, therefore, COMPLETELY erroneous (wrong) to claim a DNA match on the basis of the position of mere alleles on a DNA molecule without statistics to determine the probability!

For these reasons, it CANNOT be said (from any kind of scientific or legal standpoint) that there was a match between the DNA from the semen the police alleged to have and the DNA that was (forcibly, without consent or legal representation) retrieved from the two accused! Basing the conviction on COMPLETELY flawed DNA evidence has resulted in an EXTREME miscarriage of justice!" (end of quoting AD ARTICLE)

(The below is written by an independent concerned citizen who attended every court session of the trial and is written in her own words as she publicly posted it on social media)

“Below is my own personal recollection of events, as recalled from all court sessions, to the best of my recollection. I hereby make no claims that it is 100% accurate:

If anyone needs to direct their anger somewhere, the RTP (Royal Thai Police) are worthy recipients. To sum this case up in a nut shell: Two young men have been sentenced to death on the basis of a sloppy one page document replete with handwritten amendments and crossings out, including date changes. That's it!

Nowhere in the civilized world could such a document be put into evidence and form the basis of a conviction and sentence!

We must not let the RTP get away with this! forget everything else as this is the basis of this case.

The defense team requested that the DNA be retested independently and the court finally, after much time and the trial was already well underway, agreed. The police first stated that the DNA sample was "all used up", which is-in actuality-scientifically impossible!

Then the police later (one or two days’ time) stated, "no, it was not all used up. we have some of the solution left." The defense team was granted permission in court to independently retest the sample and so technicians from Dr. Porntip's lab took cheek swabs from both accused boys, in court under close observation, during the court session during which Dr. Porntip testified.

BUT, what actually remained of the police's alleged DNA "evidence" to be retested was, in fact, merely the midway solution required in the actual DNA testing process itself.

This midpoint solution will give an accurate profile; however, it CANNOT determine the actual ORIGINAL SOURCE of the DNA! Therefore, it will NOT show if original alleged DNA from the female decedent at the crime scene came from "semen" as the Royal Thai Police claim, or if it in fact came from oral mucosa, skin, hair, blood, saliva, cigarette butts, etc.

Also, the court demanded that the DNA evidence from Dr. Porntip's lab be returned to the COURT itself and NOT to the defense team!!! Thus, the results and factual information would be completely out of the defense team’s hands and thereby highly susceptible to contamination / falsification. For those two reasons, the defense team then; very wisely, declined retesting.

Independent verification (and independent receipt) is another "inalienable human right", as well as a legal right, agreed upon per international standards, so, once again; the accused boys rights were severely violated.

As a licensed and board certified medical professional, very familiar with and highly experienced with the strict scientifically necessary procedures which MUST be adhered to during the collection of (and rigid documentation of) forensic evidence acquired from rape victims in the Emergency Room intended to be used in a legal court of law in the United States of America, I'm shocked and appalled by the disgracefully unprofessional and non-scientifically qualifying (accurate) collection and so called documentation methods utilized by members of the Royal Thai Police whilst on the crime scene, as well as every action and process of documentation of the alleged DNA evidence utilized and displayed by the Royal Thai police de facto crime scene location. It is my educated and highly experienced professional, and personal, opinion that no one can even be at all certain-in any way-that there ever actually was semen present at the crime scene.

Please see links below. For those in Thailand, Andrew Drummond's FB link is where you should go since his website is blocked in Thailand. Please also share and continue to support our cause on social media.

https://www.facebook.com/andrew.drummond.395/posts/10153808088904512

http://www.andrew-drummond.com/2016/01/koh-tao-verdict-brings-out-victims-of.html

https://www.facebook.com/video.php?v=567635633385675


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