BURMA: ASSK TRIAL - ALL PLEAD NOT GUILTY; YETTAW'S

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000303

SIPDIS

DEPT FOR CA/OCS/ACS/EAP; STATE FOR EAP/MLS AND IO; PACOM
FOR FPA

E.O. 12958: DECL: 05/21/2019
TAGS: CASC PGOV PHUM PREL PINR BM
SUBJECT: BURMA: ASSK TRIAL - ALL PLEAD NOT GUILTY; YETTAW'S
COURTROOM OUTBURST

REF: RANGOON 295

RANGOON 00000303 001.7 OF 002


Classified By: P/E Chief Jennifer Harhigh for Reasons 1.4 (b) & (d)

Summary
--------------


1. (SBU) Amcit John Yettaw, whose mental state appears to
be deteriorating, proclaimed Aung San Suu Kyi (ASSK) and her
two assistants innocent during an unprovoked courtroom
outburst May 22. The day's trial focused largely on Yettaw;
ASSK attended only the afternoon session. At the conclusion
of the proceedings, prosecutors formally charged ASSK, her
two assistants and Yettaw as expected; all four pleaded 'not
guilty.' Embassy Consul, who observed the hearing, spoke
with Yettaw briefly during a break and is scheduled to meet
privately with Yettaw May 23 at Insein Prison. End summary.


Yettaw: "These Women are Innocent!"
--------------


2. (C) During the May 22 afternoon session of the trial,
Yettaw, unprovoked and addressing himself to the U.S. Consul,
shouted out in court: "Others are involved! These women are
innocent! I could kick myself for not saying so! Mr. Furst
(Consul),they let me in!" (Note: Consul believes Yettaw's
latter statement referred to Burmese authorities who had
granted him a visa and allowed him to enter the country. End
note.) Consul did not respond.


3. (C) Several police and immigration officials testified
during the morning session about Yettaw's alleged violations
of his visa status and his entry into Burma. Two witnesses
-- the manager of the Rangoon hotel where Yettaw stayed and
the police lieutenant who inventoried his belongings --
confirmed following questioning by defense attorneys that the
inventory was conducted without a search warrant. Police
Special Branch (SB) Deputy Director Colonel Win Naing Tun
testified, over defense objections that he was not on the
original witness list, that ASSK had violated the terms of
her house arrest by inviting Yettaw into her home, providing
him with food and water, and failing to report his visit to
authorities.


4. (C) Following the conclusion of testimony, authorities
formally charged Yettaw with violating immigration rules,
trespassing, and abetting ASSK to violate terms of her house
arrest. They charged ASSK under Article 22 of the State
Protection Law for violating the terms of her house arrest,
and they charged her two assistants with abetting her to do
so. All four defendants pled "not guilty." Yettaw, while
entering his plea, told the judge he had had a vision he
needed to warn ASSK of an impending assassination attempt and
that a previous separate vision had caused him to go through
water to deliver to her the Book of Mormon.

Yettaw Declining, Obsessed with Death
--------------


5. (C) Consul spoke privately with Yettaw for only five
minutes on the margins of the May 22 session. Yettaw's
mental state appears to be declining; he broke down in tears
and told Consul, "It's all turned around. I had the most
honorable intentions." Yettaw continues to experience
"horrible" nightmares and is obsessed with death. He said he
is taking vitamins and electrolytes but is still refusing
food. Consul confirmed that a psychiatrist, a heart
specialist, and a general practitioner are scheduled to
examine Yettaw on the evening of May 22.


6. (C) SB Colonel Win Naing Tun said Consul may meet
privately with Yettaw May 23 at Insein Prison. (Note:
Minister of Home Affairs Maung Oo had told Charge May 21

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during a meeting in Nay Pyi Taw that Consul would be
permitted to renew conversation with Yettaw May 22 (Septel).)

Next Steps
--------------


7. (C) The trial has thus far been conducted in accordance
with routine Burmese legal procedures -- prosecution
witnesses have testified, the prosecution presented formal
charges, and the defendants have entered their pleas. As all
defendants pled "not guilty," the defense will now call its
witnesses to testify. We understand from Yettaw's attorney
that he does not intend to call any witnesses on his behalf,
but Yettaw will take the stand in his own defense. According
to Burmese legal observers and Consul, who has observed every
session of the trial to date, prosecutors are trying to show
that ASSK violated her restrictions specifically by:
accepting Yettaw into her home; providing him food, water and
shelter; accepting the Muslim outfits (Ref A) from him as a
"gift;" taking "full responsibility" for the items he left
behind in her home; and failing to notify police of his
intrusion.


8. (C) ASSK's private attorney, Kyi Win (aka Neville),,
told Consul privately May 22 he estimates the trial would
continue for an additional two-three weeks. He also told
Consul that "You can't expect anything surprising from this
court. This court is a one-way track."
DINGER