Skip to main content

Thailand beach murders: A flawed and muddled investigation

Hannah Witheridge, 23, David Miller, 24.
British backpackers Hannah Witheridge, 23, and David Miller, 24.
From the moment their bodies were discovered on a Thai beach on 15 September last year, the investigation into the deaths of British backpackers Hannah Witheridge and David Miller has been a muddled affair.

Information from the police has been hazy, contradictory and sparse.

Miss Witheridge, 23, from Norfolk, and 24-year-old Mr Miller, from Jersey, were found bludgeoned to death on the southern island of Koh Tao.

The first officers on the scene were local police with rudimentary training and apparently no idea how to seal off a crime scene, with tourists wandering through it for days afterwards.

Thailand's best-known forensic scientist, Dr Pornthip Rojanasunand, whose institute was not allowed any involvement in the investigation, testified at the trial that the crime scene had been poorly managed and evidence improperly collected.

Instead of limiting their comments to what they knew about the crime, the Thai police threw out a barrage of speculation about who the culprit might be. It could not have been a Thai, they said at first, and focused their efforts on the Burmese migrant worker community.

At one point they highlighted a British friend of Mr Miller as a possible suspect, then just as quickly dropped him. The initial team of investigators hinted they were looking at someone from a powerful family on Koh Tao. Then their commander was abruptly transferred and all official talk of this family's involvement was dropped.

Other flaws were exposed once the trial started in July, including the police's failure to test Miss Witheridge's clothes or the alleged murder weapon, a blood-stained hoe, for DNA.

A year later Dr Pornthip tested the hoe and found the DNA of two people on the handle, but none matched the defendants.

The court heard several CCTV cameras near the crime scene were not working and cameras by the pier were not inspected to see whether anyone had fled by boat after the crime.

Both defendants have also testified they were beaten and threatened into making confessions. No lawyers were present during the sessions and translators were of dubious reliability.

These factors raised serious questions over the integrity of the prosecution case. The most important question though, hung over one piece of evidence which did tie the defendants to the crime: the alleged match between their DNA, and that recovered from semen found on Miss Witheridge's body.

Less than three days after the crime, police announced they had extracted the DNA profiles of two men from the semen. They also said these matched DNA found on a cigarette butt near the scene.

In court, a police officer testified those samples were received on the morning of 17 September and started DNA extraction at 08:00 local time. This seems unlikely as the pathologist only started his autopsy at 11:00. The successful profiling of two men was announced at around 22:00.

It suggests remarkably rapid analysis, in less than 12 hours, from samples in which at least three people's DNA - the victim and the two men - were mixed.

The DNA profiles were used to match cheek swabs taken from the two Burmese defendants after they were detained on 2 October.

Jane Taupin, a renowned Australian forensic scientist brought in by the defence team, questioned the plausibility of working this quickly, saying extracting DNA from mixed samples was difficult and time-consuming.

Ms Taupin was not allowed to testify, one of several inexplicable decisions by the defence, but she highlighted several important aspects of DNA testing which neither the defence team, the police, nor the judges appeared to understand.

"The case files of the Thai forensic lab should have been provided to the defence," Ms Taupin said.
"This is so the scientific data contained within, and used to provide conclusions, could be examined for a scientific review.

"The essence of scientific method is the testing and review of hypotheses. If these are not viewed, or even stated, then this does not inspire confidence in the scientific analysis.

"A one-page table with alterations is not a suitable document to provide to a court. A report should not have alterations, especially handwritten ones, with no explanation as to why they were altered."

Myanmar migrants Win Zaw Htun, (R), and Zaw Lin, (L), both 22.
There were other problems too. The date of the original DNA analysis was said to have been 17 September, but the report submitted to court was dated 5 October. This was two days after the police had announced a positive match with the two Burmese defendants. That unexplained discrepancy inevitably raises suspicion that perhaps the result was manipulated.

These weaknesses in the prosecution case should have given the defence a field day in court, but they were not raised until the closing statement.

The two police forensic witnesses were not cross-examined over the doubtful timings nor the scrappy and incomplete DNA documentation.

Had Ms Taupin been called, she could have exposed these flaws. Instead, she had to sit in the lawyers' room, largely ignored, and then fly home without testifying. Whatever views the three judges formed of the quality of the prosecution's evidence, it was never properly challenged in court.

I have asked one of the defence lawyers about their bafflingly non-adversarial tactics. He did not offer a convincing explanation.

Perhaps they were nervous of being seen to take too much advice from a foreigner, for fear they would lose sympathy from the judges.

Everyone in that court was aware how much Thailand's reputation was on the line, and discrediting the police in such a public way might have felt like a dangerous step to take. We just don't know.

This remains one of a number of frustrating unknowns about this murder case. These can only have added to the suffering of the victims' families.

Source: BBC News, Jonathan Head, December 24, 2015

Related articles:
- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most viewed (Last 7 days)

Oklahoma executes Wendell Grissom

Grissom used some of his last words on Earth to apologize to everyone he hurt and said that he prays they can find forgiveness for their own sake. As for his execution, he said it was a mercy. Oklahoma executed Wendell Arden Grissom on Thursday for the murder of 23-year-old Amber Matthews in front of her best friend’s two young daughters in 2005.  Grissom, 56, was executed by lethal injection at the Oklahoma State Penitentiary in McAlester and pronounced dead at 10:13 a.m. local time, becoming the first inmate to be put to death by the state in 2025 and the ninth in the United States this year. 

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

Florida executes Edward James

Edward James received 3-drug lethal injection under death warrant signed in February by governor Ron DeSantis  A Florida man who killed an 8-year-old girl and her grandmother on a night in which he drank heavily and used drugs was executed on Thursday.  Edward James, 63, was pronounced dead at 8.15pm after receiving a 3-drug injection at Florida state prison outside Starke under a death warrant signed in February by Governor Ron DeSantis. The execution was the 2nd this year in Florida, which is planning a 3rd in April. 

Louisiana executes Jessie Hoffman Jr.

Louisiana used nitrogen gas Tuesday evening to execute a man convicted of murdering a woman in 1996, the 1st time the state has used the method, a lawyer for the condemned man said.  Jessie Hoffman Jr., 46, was put to death at the Louisiana State Penitentiary, defense lawyer Cecelia Kappel said in a statement. He was the 1st person executed in the state in 15 years, and his death marked the 5th use of the nitrogen gas method in the US, with all the rest in Alabama.  Hoffman was convicted of the murder of Mary "Molly" Elliott, a 28-year-old advertising executive. At the time of the crime, Hoffman was 18.

The doctor defending Louisiana’s controversial execution method

Dr. Joseph Antognini travels across the nation, being paid over $500 an hour by government officials who rely on him to vouch for their execution protocols. This [article] is part of “ Operating Capital ,” an ongoing Lens discussion about Louisiana’s resumption of executions. Earlier this month, Dr. Joseph Antognini, a California-based retired anesthesiologist, walked into the execution chamber at Louisiana State Penitentiary at Angola. He tried on the air-tight mask that prison staff plan to use to execute Death Row prisoner Jessie Hoffman , using nitrogen hypoxia, a method that Louisiana executioners have never before used.

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

Indonesia | Lindsay Sandiford convinced she will be released soon

A British drugs mule grandmother on Indonesia's death row is so convinced she will be freed from prison that she has started given her clothes away to other inmates.  Lindsay Sandiford, 67, has been incarcerated in a cramped cell inside Bali's hellish Kerobokan prison since 2013 where she is facing execution by firing squad.  The grandmother-of-two was sentenced to death for attempting to smuggle £1.6million worth of cocaine into Indonesia's capital by stuffing it into the lining of her suitcase.  But her pals say she has now 'slumped into depression' as she thought she would have been released by now due to a change in the country's law. 

Texas Death Row chef who cook for hundreds of inmates explained why he refused to serve one last meal

Brian Price would earn the title after 11 years cooking for the condemned In the unlikely scenario that you ever find yourself on Death Row, approaching your final days as a condemned man, what would you request for your final meal? Would you push the boat out and request a full steal dinner or play it safe and opt for a classic dish such as pizza or a burger? For most of us it's something that we'll never have to think about, but for one man who spent over a decade working as a 'Death Row chef' encountering prisoner's final requests wasn't anything out of the ordinary.

South Carolina plans to carry out a firing squad execution. Is it safe for witnesses?

South Carolina plans to execute a man by firing squad on March 7, the first such execution in the state and the first in the nation in 15 years. But firearms experts are questioning whether South Carolina's indoor execution setup is safe for the workers who will shoot the prisoner and the people who will watch. Photos released by the South Carolina Department of Corrections show that the state intends to strap the prisoner, Brad Sigmon, to a metal seat in the same small, indoor brick death chamber where South Carolina has executed more than 40 other prisoners by electric chair and lethal injection since 1985.

Arizona executes Aaron Grunches

FLORENCE, Ariz. (AP) — An Arizona man who kidnapped and murdered his girlfriend’s ex-husband was executed Wednesday, the second of four prisoners scheduled to be put to death this week in the U.S. Aaron Brian Gunches, 53, was lethally injected with pentobarbital at the Arizona State Prison Complex in the town of Florence, John Barcello, deputy director of Arizona’s department of corrections, told news outlets. He was pronounced dead at 10:33 a.m. Gunches fatally shot Ted Price in the desert outside the Phoenix suburb of Mesa in 2002. He pleaded guilty to first-degree murder in 2007.