Koh Tao lawyers call for forensic review
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Koh Tao lawyers call for forensic review

The lawyer for two Myanmar workers facing trial over the murder of two Britons fears the defence case will be jeopardised because of a court ruling on the re-examination of forensic evidence.

The suspects: Zaw Lin and Wai Phyo, both 21

Nakhon Chomphuchat, the lead lawyer for Zaw Lin and Wai Phyo, both 21, said the Koh Samui provincial court has delayed a defence request for the re-examination of forensic evidence implicating the pair in the island murders.

The victims: David Miller and Hannah Witheridge

The tourists, Hannah Witheridge, 23, and David Miller, 24, were found bludgeoned to death on the main Koh Tao beach on Sept 15, 2014.

Police said Witheridge had been sexually assaulted and DNA taken from Zaw Lin and Wai Phyo matched samples found on the victims.

Mr Nahkon said in April the presiding judge indicated to the defence team he would consider ordering a re-examination of key forensic evidence.

However, the lawyers have now been told the court will only issue an order for re-examination of the forensic evidence on July 8, the first scheduled day of the trial.

“The defence lawyers urgently need both crucial information gained from the re-examination of forensic evidence in this case and also adequate time to consider this information prior to the trial beginning,” Mr Nakhon said.

“I am now deeply concerned at this developing situation.

“Forensic evidence is central to this case. Without re-examination of this evidence by the Ministry of Justice’s Central Institute of Forensic Science, the ability of the two defendants to defend themselves against the serious crimes they are charged with will be seriously impeded.”

Zaw Lin and Wai Phyo, who were working illegally on Koh Tao at the time of the killings, face multiple charges.

They include premeditated murder, killing to conceal a criminal offence, rape, theft, illegal entry into Thailand and staying in the country without permission. They have denied all charges.

The scene: The bodies of Miller and Witheridge were found on the beach last Sept 15.

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