https://www.youtube.com/playlist?list=PLw322uVN3ySuA_BJ5yj-zgUcmHKoC0k4u

Dear Friends

As most of you already know, yesterday Zaw Lin and Wai Phyo lost their appeals against convictions for rape and murder and their sentences of death were affirmed.

They learned of the outcome via video conference.  The judges sat in the Supreme Court while Zaw Lin and Wai Phyo were seated in a court in the suburb of Nonthaburi near the Bangkwang Central Prison.

I have often described the original decision from the Samui Provincial Court as being akin to the Salem Witch Trials of the late 17 Century.  The reason is that in both cases the courts relied upon evidence that was completely bogus and that could not be tested.  In Salem, young girls claimed they could see a witch or witches near accused persons.  No one else could see those witches but the courts accepted the bogus evidence and many people were executed as a result.

In 21st century Thailand, the courts accepted bogus "DNA evidence" from a police laboratory that lacked the correct accreditation to conduct the relevant tests.  In addition, the lab and prosecutor provided no original material for the defence to test.  They simply provided "copies", which they claimed came from original sources and asked the court and the world to just trust them!  This was akin to the Salem girls seeing invisible witches and having the courts believe them.  It was yet another breach of the standard ISO 17025 which states that some original material must be retained for testing by other parties, if necessary.  (There is an exception to that rule such as where VERY limited original material is available but the exception would not have applied in this case as only 5 MICRO litres of material is necessary for the mixed DNA sample test.  ie a single teaspoon has 1,000 times the amount of material necessary)

There have been some horribly superficial reports and headlines in the mainstream media but few actually quote any experts.  A notable exception is this article from the Samui Times which quotes Australian DNA expert, Jane Taupin: 

http://www.samuitimes.com/supreme-court-of-thailand-upholds-death-sentence-in-the-koh-tao-murders/

Jane has given expert evidence in about 100 trials in the UK and Australia and provides seminars throughout Australia to senior criminal lawyers as part of their continuing professional development.  Several weeks ago I caught up with Jane in Perth and observed her giving evidence in the Supreme Court of Western Australia (Court of Appeal) where her evidence, both written and oral, was not challenged.

Today, I have also attached a link to a music video tribute to Rocio Gomez who suffered irreversible brain damage during her first ever scuba lesson with Pura Vida Diving on Koh Tao.

Best wishes

Ian Yarwood - Lawyer

PERTH, WESTERN AUSTRALIA

The picture shows the now much older Zaw Lin (front) and Wai Phyo leaving court on 29 August 2019