Identifier
Created
Classification
Origin
09RANGOON411
2009-07-03 03:59:00
CONFIDENTIAL
Embassy Rangoon
Cable title:
BURMA - ASSK TRIAL DELAYED; DEFENSE CONSIDERS MORE
how-toVZCZCXRO5673 PP RUEHCHI RUEHDT RUEHHM RUEHNH RUEHTRO DE RUEHGO #0411 1840359 ZNY CCCCC ZZH P 030359Z JUL 09 FM AMEMBASSY RANGOON TO RUEHC/SECSTATE WASHDC PRIORITY 9195 INFO RUCNASE/ASEAN MEMBER COLLECTIVE RUEHGG/UN SECURITY COUNCIL COLLECTIVE RUEHBY/AMEMBASSY CANBERRA 2114 RUEHNE/AMEMBASSY NEW DELHI 5588 RUEHUL/AMEMBASSY SEOUL 9184 RUEHKO/AMEMBASSY TOKYO 6762 RUEAIIA/CIA WASHDC RHHMUNA/CDR USPACOM HONOLULU HI RUEHGV/USMISSION GENEVA 4571 RHEHNSC/NSC WASHDC RUCNDT/USMISSION USUN NEW YORK 2565 RUEKJCS/SECDEF WASHDC RUEHBS/USEU BRUSSELS RUEKJCS/JOINT STAFF WASHDC
C O N F I D E N T I A L RANGOON 000411
SENSITIVE
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 07/02/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: BURMA - ASSK TRIAL DELAYED; DEFENSE CONSIDERS MORE
ACTION
REF: A. RANGOON 390
B. RANGOON 393
Classified By: Political Officer Chelsia C. Wheeler for Reasons 1.4 (b)
& (d)
C O N F I D E N T I A L RANGOON 000411
SENSITIVE
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 07/02/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: BURMA - ASSK TRIAL DELAYED; DEFENSE CONSIDERS MORE
ACTION
REF: A. RANGOON 390
B. RANGOON 393
Classified By: Political Officer Chelsia C. Wheeler for Reasons 1.4 (b)
& (d)
1. (SBU) In a brief session on July 3, judges in the trial
of Aung San Suu Kyi (ASSK) and Amcit John Yettaw announced a
further delay in the proceedings until July 10. Defense
witness Daw Khin Mot Mot attended the hearing, but was unable
to testify. Presumably, she will testify once the trial
resumes. The delay came amid tight security throughout
Rangoon due to the arrival of UN SYG Ban half an hour before
the court opened. As on previous occasions, Embassy staff
observed approximately 20 riot police cars posted outside of
Insein prison.
2. (C) After the short proceedings, one of ASSK's lawyers, U
Kyi Win (aka Neville),told Poloff that "if necessary" he
will file to hold Deputy Defense Minister Maj-Gen Aye Myint
in contempt of court for his comments on the trial, as
reported in the June 1 New Light of Myanmar. Maj-Gen Aye
Myint was quoted as saying, "It is no doubt that Daw Aung San
Suu Kyi has committed a cover-up of the truth by her failure
to report an illegal immigrant to the authorities concerned."
U Kyi Win said that the Deputy Defense Minister's comments
were inappropriate given that the trial was ongoing and that
his statements could influence the decision of the court.
However, U Kyi Win would not elaborate on what circumstances
would prompt him to seek court action against Maj-Gen Aye
Myint.
3. (C) U Kyi Win also said that the defense could file to
hold Deputy Foreign Affairs Minister U Maung Myint in
contempt "for technical reasons" due to his comments at the
ASEAN-EU Ministerial Meeting. The New Light of Myanmar
reported U Maung Myint's comments on June 2, in which he
asserted that by feeding and talking to Yettaw, ASSK had
broken the law and a lawsuit was "unavoidable." U Kyi Win
noted, however, that this would not be the preferred course
of action.
Comment
--------------
4. (C) We expect any U Kyi Win attempt to cite government
officials for contempt would be tilting at windmills. From
our perspective, even more blatant public presumptions of
ASSK guilt occurred in the briefing last week by the Chief of
Police (Deputy Home Affairs Minister) on the Yettaw case (Ref
A). This latest, unexplained trial delay presumably has a
political rather than a judicial motivation. The last
defense witness was in the chair waiting to begin her
testimony when the court announced postponement, pretty much
ruling out any judicial explanation. However, only the
regime knows whether the motive for delay relates to the Ban
visit or to some other plot twist.
DINGER
SENSITIVE
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 07/02/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: BURMA - ASSK TRIAL DELAYED; DEFENSE CONSIDERS MORE
ACTION
REF: A. RANGOON 390
B. RANGOON 393
Classified By: Political Officer Chelsia C. Wheeler for Reasons 1.4 (b)
& (d)
1. (SBU) In a brief session on July 3, judges in the trial
of Aung San Suu Kyi (ASSK) and Amcit John Yettaw announced a
further delay in the proceedings until July 10. Defense
witness Daw Khin Mot Mot attended the hearing, but was unable
to testify. Presumably, she will testify once the trial
resumes. The delay came amid tight security throughout
Rangoon due to the arrival of UN SYG Ban half an hour before
the court opened. As on previous occasions, Embassy staff
observed approximately 20 riot police cars posted outside of
Insein prison.
2. (C) After the short proceedings, one of ASSK's lawyers, U
Kyi Win (aka Neville),told Poloff that "if necessary" he
will file to hold Deputy Defense Minister Maj-Gen Aye Myint
in contempt of court for his comments on the trial, as
reported in the June 1 New Light of Myanmar. Maj-Gen Aye
Myint was quoted as saying, "It is no doubt that Daw Aung San
Suu Kyi has committed a cover-up of the truth by her failure
to report an illegal immigrant to the authorities concerned."
U Kyi Win said that the Deputy Defense Minister's comments
were inappropriate given that the trial was ongoing and that
his statements could influence the decision of the court.
However, U Kyi Win would not elaborate on what circumstances
would prompt him to seek court action against Maj-Gen Aye
Myint.
3. (C) U Kyi Win also said that the defense could file to
hold Deputy Foreign Affairs Minister U Maung Myint in
contempt "for technical reasons" due to his comments at the
ASEAN-EU Ministerial Meeting. The New Light of Myanmar
reported U Maung Myint's comments on June 2, in which he
asserted that by feeding and talking to Yettaw, ASSK had
broken the law and a lawsuit was "unavoidable." U Kyi Win
noted, however, that this would not be the preferred course
of action.
Comment
--------------
4. (C) We expect any U Kyi Win attempt to cite government
officials for contempt would be tilting at windmills. From
our perspective, even more blatant public presumptions of
ASSK guilt occurred in the briefing last week by the Chief of
Police (Deputy Home Affairs Minister) on the Yettaw case (Ref
A). This latest, unexplained trial delay presumably has a
political rather than a judicial motivation. The last
defense witness was in the chair waiting to begin her
testimony when the court announced postponement, pretty much
ruling out any judicial explanation. However, only the
regime knows whether the motive for delay relates to the Ban
visit or to some other plot twist.
DINGER