Malcolm Robertson, 64, was beaten to death and thrown overboard during a hi-jacking on his yacht off Bintang Island in Tarutao National Marine Park on Tuesday morning in Thailand.

His wife, Linda Robertson, who was tied up during the attack on her husband, said she was in a ‘state of total disbelief’ at the decision not to charge his killers for the murder.

She was told officially that without a body, no such charge could be brought, even though the three Burmese men, who boarded the family yacht Mr. Bean, had confessed to the death and the boat was covered in her husband’s blood.

After testifying twice recounting step by step how she heard her husband being murdered and how she stepped in his blood before making a final escape, she said she was shocked by the court’s decision.

The chances of finding the body in the Bintang Island group, notorious for its switching currents, are getting slimmer.

Despite several false alarms, including a statement put out by the Foreign Office that a body had been found, none of the fleet of Naval and Police launchers, spotter planes, and helicopters, has yet spotted the remains of her husband Malcolm, 64.

“I can’t believe the decision by prosecutors,” she said. “I am in a state of total disbelief. These young men were almost caught red handed. They confessed to everything.

“The police even have the bloodstained murder weapon. Yet there is no murder charge, not even a manslaughter charge. It’s incredible.”

Currently the three Burmese have only been charged with theft, assault, and kidnapping.

Linda, 57, was comforted by her two sons, after testifying for nearly ten hours in two separate hearings, beginning in the morning and ending at 7:30 pm.

In the morning case, she testified against Burmese migrant fishermen Aow, 18 and Ek, 19 in Satun Provincial Court.

In the second case, in Satun Juvenile Court, she testified against 17-year-old Ko, an orphan, whom she described as the gentler of her attackers.

“He gave me food and water. He said sorry many times and gave me hope that I would live.”

Mrs. and Mrs. Robertson, from St. Leonard’s, E. Sussex, were attacked when they were moored. Their attackers, three Burmese migrant laborers swam out to the mooring. Mr. Robertson was attacked as he tried to throw the amateur pirates off the boat. The Burmese admitted bludgeoning him to death with a hammer.

They then had, what Mrs. Robertson described as a ‘noisy picnic’ on the boat.

She made her escape after the three Burmese tried to take control of the boat a second time when their getaway dinghy broke down. She weighed anchor, put out a distress signal, and headed full throttle towards a group of fishing boats off the coast of Satun.