BURMA: ASSK LAWYERS TO APPEAL TO SUPREME COURT

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