BURMA: CLOSING ARGUMENTS IN TRIAL POSTPONED TO

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000324 SIPDIS DEPT FOR CA/OCS/ACS/EAP; STATE FOR EAP/MLS AND IO; PACOM FOR FPA E.O. 12958: DECL: 05/31/2019 TAGS: CASC PGOV PHUM PREL PINR BM SUBJECT: BURMA: CLOSING ARGUMENTS IN TRIAL POSTPONED TO JUNE 5; PAGODA COLLAPSE SEEN AS BAD OMEN FOR JUNTA REF: A. RANGOON 314 ¶B. RANGOON 291 Classified By: P/E Chief Jennifer Harhigh for Reasons 1.4 (b) & (d) Summary -------------- ¶1. (C) Burmese authorities have postponed until June 5 the next trial session for Aung San Suu Kyi (ASSK),her two assistants, and American John Yettaw. That session is expected to include closing arguments in the trial. ASSK met May 30 with her attorneys for over two hours; they confirm that she and her two assistants are in good health. That same day, Consul met for over half an hour with Yettaw, who continues his fast and has requested to be held without roommates as he prepares a final statement to read to the court. Meanwhile, Rangoon residents are interpreting the May 30 collapse of an ancient pagoda near Rangoon as a bad omen for the senior generals. End summary. Closing Arguments Postponed to June 5, ASSK in Good Health -------------- -------------- ¶2. (C) ASSK's personal attorney, Kyi Win (aka Neville), confirmed that authorities notified him by letter at 6 p.m. May 29 that the next court session, during which prosecuting and defense attorneys will present closing arguments, has been postponed from June 1 to June 5. Neville, who had argued for additional time to consult with ASSK, was surprised by the letter, which provided no explanation for the delay. Lawyers still expect a verdict within several days after closing arguments (Ref A). Post is using all available channels to urge Burmese authorities to permit diplomats to attend the announcement of the verdict, even as we press for continued consular access to Yettaw. ¶3. (C) On June 1, ASSK lawyer and NLD spokesman Nyan Win told us he and Neville met with ASSK and her two assistants from 2 p.m. until 4:30 p.m. on May 30 to discuss the trial. Nyan Win confirmed that all three women are in good health. Nyan Win added that authorities still have not provided any reason for postponing closing arguments. When asked, Nyan Win declined to comment on the significance of the delay or his opinion of it. He noted that although it can take as long as a couple of months to render a verdict once testimony concludes in normal criminal cases, he expects this court will render a verdict relatively quickly due to the special nature of this case. Yettaw Continues to Fast, Plans to Address Court -------------- --- ¶4. (SBU) Burmese authorities granted Consul access to Yettaw on the morning of May 30 for 35 minutes. Home Affairs, Prison Department, and Immigration officials were present during the meeting. Yettaw said he was on day 23 of his fast and was being treated for ringworm but otherwise was feeling fine. He confirmed he is taking vitamins and electrolytes daily but said he plans to stop those June 1. Consul urged him to reconsider his fast; Yettaw agreed to daily medical examinations and said he would discontinue the fast if his "levels run low." Yettaw said his greatest desire is to return to his family. Yettaw told Consul he is no longer suffering from nightmares and declined a second psychiatric consultation, but added that he has requested to be held without roommates so he can pray without distractions. He hopes to read a self-penned final statement in court entitled "Proclamation of Mercy, Declaration of No Evil for Myanmar." ¶5. (SBU) At the time of the consular meeting, neither Yettaw, his attorney, nor prison officials were aware of the trial postponement. Authorities notified Yettaw's attorney, RANGOON 00000324 002 OF 002 Khin Maung Oo, of the delay by letter later that afternoon, but provided no explanation. Pagoda Collapse Seen as Ominous for Junta -------------- ¶6. (SBU) Some local residents are interpreting the collapse of a local pagoda as a bad omen for the senior generals responsible for prosecuting Aung San Suu Kyi. Danok pagoda, located about two hours south of Rangoon, collapsed without warning May 30 amidst heavy rains. A local journalist told us rescue workers have found 12 bodies in the rubble but believe the death toll will rise. Approximately 70 people are believed to be hospitalized with injuries. Kyaing Kyaing, the wife of Senior General Than Shwe, participated in a ceremony at the pagoda May 7 to donate diamonds to affix to its top. The pagoda suffered damage in 2006 and during Cyclone Nargis in May 2008. Notably, neither government media nor local journals have yet reported on the collapse. Comment -------------- ¶7. (SBU) Charge met with the Ministry of Foreign Affairs Deputy Director-General for Political Affairs Kyaw Tin several hours prior to the court's notification to lawyers of the trial delay. One objective of the MOFA meeting was to remind the GOB of our continued strong interest in ASSK's release (Ref B). It is unclear if the postponement is in any way related to that meeting -- which we doubt -- or to Neville's request for more time to consult with ASSK. It could be that the senior generals have not yet made up their minds about what to do with ASSK. Even the pagoda collapse, which happened a day after the trial delay, could have some impact on their thinking. Than Shwe and his cohort are known to rely on the advice of soothsayers and astrologers. The reality, though, is that nobody but those centrally situated within the regime know the actual state of play. DINGER