Identifier
Created
Classification
Origin
09RANGOON344
2009-06-10 06:35:00
CONFIDENTIAL
Embassy Rangoon
Cable title:
BURMA: ASSK LAWYERS TO APPEAL TO SUPREME COURT
how-toVZCZCXRO5131 PP RUEHCHI RUEHDT RUEHHM RUEHNH RUEHTRO DE RUEHGO #0344 1610635 ZNY CCCCC ZZH P 100635Z JUN 09 FM AMEMBASSY RANGOON TO RUEHC/SECSTATE WASHDC PRIORITY 9088 INFO RUCNASE/ASEAN MEMBER COLLECTIVE RUEHGG/UN SECURITY COUNCIL COLLECTIVE RUEHBY/AMEMBASSY CANBERRA 2039 RUEHNE/AMEMBASSY NEW DELHI 5514 RUEHUL/AMEMBASSY SEOUL 9110 RUEHKO/AMEMBASSY TOKYO 6687 RUEAIIA/CIA WASHDC RHHMUNA/CDR USPACOM HONOLULU HI RUEHGV/USMISSION GENEVA 4497 RHEHNSC/NSC WASHDC RUCNDT/USMISSION USUN NEW YORK 2490 RUEKJCS/SECDEF WASHDC RUEHBS/USEU BRUSSELS RUEKJCS/JOINT STAFF WASHDC
C O N F I D E N T I A L RANGOON 000344
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 06/09/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: BURMA: ASSK LAWYERS TO APPEAL TO SUPREME COURT
REF: RANGOON 341
Classified By: Political Officer Sean K. O'Neill for Reasons 1.4 (b) &
(d)
Summary
-------
C O N F I D E N T I A L RANGOON 000344
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 06/09/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: BURMA: ASSK LAWYERS TO APPEAL TO SUPREME COURT
REF: RANGOON 341
Classified By: Political Officer Sean K. O'Neill for Reasons 1.4 (b) &
(d)
Summary
--------------
1. (SBU) On June 11, Aung San Suu Kyi's (ASSK) legal team
will file an appeal with the Supreme Court to overturn the
Divisional Court's decision to exclude two defense witnesses
originally denied admission by the trial court. ASSK lawyer
Nyan Win told us he expects the trial court will again delay
proceedings without hearing any testimony or other
substantive arguments when it reconvenes on June 12. Nyan
Win also reported that ASSK's lawyers met with their client
on June 10 to discuss the case and that she is in good health
and spirits. End Summary.
ASSK to Appeal Exclusion of Witnesses to Supreme Court
-------------- --------------
2. (C) On June 10, ASSK lawyer and NLD spokesman Nyan Win
told us that after further internal discussions, ASSK's legal
team has decided to appeal the Divisional Court's June 9
decision to exclude two defense witnesses originally denied
admission by the trial court; the Divisional Court reinstated
a third defense witness (reftel). Nyan Win said the defense
intends to file the appeal June 11 with the Rangoon branch of
the Supreme Court. (Note: on June 9, Nyan Win told us he did
not believe the defense would appeal the Divisional Court's
decision, but he has apparently reconsidered after consulting
with his co-counsel.)
Next Steps
--------------
3. (SBU) According to lawyer U Aung Thein (who is not a
member of the defense team),the Supreme Court must first
decide whether to accept the appeal before scheduling
arguments and ruling on the merits of the case. U Aung Thein
told us that if it accepts an appeal, the Supreme Court
usually takes at least a month to render a decision. However,
U Aung Thein noted the unique circumstances of this case make
it hard to predict how long ASSK's appeal will require, if
the Supreme Court agrees to hear it.
4. (SBU) The next regular court session in the trial of
ASSK, her two aides, and American citizen John Yettaw is
still scheduled to take place June 12. Nyan Win told us the
trial court has not informed ASSK's legal team what will
happen at that session, but he expects the judges will again
delay proceedings without hearing any testimony or other
substantive arguments.
Lawyers Meet with ASSK
--------------
5. (SBU) Nyan Win also reported that he and lawyers U Kyi
Win (aka Neville),U Hla Myo Myint, and Daw Khin Htay Kywe
met Aung San Suu Kyi and her two assistants for about an hour
and a half on June 10. According to Nyan Win, ASSK is in
good health and spirits. He said they discussed various
aspects of the case, but he wouldn't elaborate.
VAJDA
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 06/09/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: BURMA: ASSK LAWYERS TO APPEAL TO SUPREME COURT
REF: RANGOON 341
Classified By: Political Officer Sean K. O'Neill for Reasons 1.4 (b) &
(d)
Summary
--------------
1. (SBU) On June 11, Aung San Suu Kyi's (ASSK) legal team
will file an appeal with the Supreme Court to overturn the
Divisional Court's decision to exclude two defense witnesses
originally denied admission by the trial court. ASSK lawyer
Nyan Win told us he expects the trial court will again delay
proceedings without hearing any testimony or other
substantive arguments when it reconvenes on June 12. Nyan
Win also reported that ASSK's lawyers met with their client
on June 10 to discuss the case and that she is in good health
and spirits. End Summary.
ASSK to Appeal Exclusion of Witnesses to Supreme Court
-------------- --------------
2. (C) On June 10, ASSK lawyer and NLD spokesman Nyan Win
told us that after further internal discussions, ASSK's legal
team has decided to appeal the Divisional Court's June 9
decision to exclude two defense witnesses originally denied
admission by the trial court; the Divisional Court reinstated
a third defense witness (reftel). Nyan Win said the defense
intends to file the appeal June 11 with the Rangoon branch of
the Supreme Court. (Note: on June 9, Nyan Win told us he did
not believe the defense would appeal the Divisional Court's
decision, but he has apparently reconsidered after consulting
with his co-counsel.)
Next Steps
--------------
3. (SBU) According to lawyer U Aung Thein (who is not a
member of the defense team),the Supreme Court must first
decide whether to accept the appeal before scheduling
arguments and ruling on the merits of the case. U Aung Thein
told us that if it accepts an appeal, the Supreme Court
usually takes at least a month to render a decision. However,
U Aung Thein noted the unique circumstances of this case make
it hard to predict how long ASSK's appeal will require, if
the Supreme Court agrees to hear it.
4. (SBU) The next regular court session in the trial of
ASSK, her two aides, and American citizen John Yettaw is
still scheduled to take place June 12. Nyan Win told us the
trial court has not informed ASSK's legal team what will
happen at that session, but he expects the judges will again
delay proceedings without hearing any testimony or other
substantive arguments.
Lawyers Meet with ASSK
--------------
5. (SBU) Nyan Win also reported that he and lawyers U Kyi
Win (aka Neville),U Hla Myo Myint, and Daw Khin Htay Kywe
met Aung San Suu Kyi and her two assistants for about an hour
and a half on June 10. According to Nyan Win, ASSK is in
good health and spirits. He said they discussed various
aspects of the case, but he wouldn't elaborate.
VAJDA