The court, on the island of Koh Samui, found the two men – both 22 – guilty of all charges and sentenced them to death, according to Andy Hall from the NGO Migrant Workers Rights Network who was present in the court room for the verdict. DNA evidence showed that the semen of both men was found inside Witheridge, the court said.
Other Myanmar officials have said they intend to support the two men’s appeals.
Now, more than a year later, a Thai court has ruled two Burmese workers committed the murders, saying DNA evidence and a confession solved the case.
“Having listened carefully to all the evidence and despite what their lawyers say, it is our opinion that the evidence against Wai Phyo and Zaw Lin is absolutely overwhelming”, he said.
Earlier, Miss Witheridge’s family said they needed time “to digest the outcome of the trial verdict”.
Despite Amnesty’s misgivings Mr Miller’s brother Michael, flanked by parents Ian and Sue, said outside court that the “correct decision” had been reached. “No last hugs. No goodbyes”, his brother said, describing David as intelligent, hard-working, caring and fun.
The statement said some Myanmar people had taken to the social media to voice their opposition to the death sentence for the two Myanmar workers, Zaw Lin and Win Zaw Tun, and arrange to gather in front of the Thai embassy in Yangon on Friday. Investigators faced a variety of criticism, starting with their failure to secure the crime scene, and then for releasing several names and pictures of suspects who turned out to be innocent.
The Foreign and Commonwealth Office responded, saying it was concerned about the reports and expected a fair investigation.
Lined with white sand beaches, Koh Tao was voted the top island in Asia by Tripadvisor in 2015 despite the high-profile murders.
They also argued that evidence had been mishandled by police and their confessions were the result of “systematic abuse” of migrants in the area.
Michael added, however, that as the legal process went on, “we came to realize that the police investigation and the forensic work performed was not the so called shambles it was made out to be”.
Zaw Lin, one of the suspects, told the court that he feared for his life after his interrogators stripped him naked in a freezing room, placed plastic bags over his head and repeatedly asked: “Did you kill or not?”
The lawyer, Nakhon Chomphuchart, said he would file an appeal within the 30 days allowed by Thai law.
At one stage police said they were treating Mr Miller’s friend XXX as a possible suspect, before eliminating through DNA evidence.
Further doubts were raised in September when the director of the Central Institute of Forensic Science, an agency under Thailand’s justice ministry, told the court that DNA found on a bloody hoe at the site belonged to two persons other than the defendants.