BURMA: CLOSING ARGUMENTS CONTINUE IN ASSK/YETTAW

UNCLAS SECTION 01 OF 02 RANGOON 000470 SIPDIS STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA E.O. 12958: N/A TAGS: CASC PGOV PHUM PREL BM SUBJECT: BURMA: CLOSING ARGUMENTS CONTINUE IN ASSK/YETTAW TRIAL REF: RANGOON 390 Summary -------------- ¶1. (SBU) Closing arguments in the trial of Aung San Suu Kyi (ASSK),her two live-in assistants, and John Yettaw continued July 27. Defense lawyers focused on the invalidity of the 1974 constitution and the lack of culpable conduct by the defendants. The prosecutor reiterated the rules pertaining to ASSK's house arrest, claiming she and her assistants knowingly violated them by providing Yettaw material assistance and failing to report his visits. The prosecutor argued that humanitarian intent does not allow one to violate the law. The prosecution said Yettaw was well-equipped and was caught near the Charge's residence. Closing arguments are likely to finish July 28. End Summary. Defense Lawyers Resume Final Arguments -------------- ¶2. (SBU) Lawyers for ASSK's two assistants and John Yettaw presented their closing arguments on July 27. Lawyer U Hla Myo Myint, speaking for ASSK's two assistants, asserted that his clients were not aware of the specifics of ASSK's detention order and had limited contact with Yettaw. Anything they gave him constituted humanitarian assistance and was not a violation of the law. The lawyer claimed police did not follow proper investigatory procedures in the case, arguing that authorities conducted a warrantless search of the home and failed to formally open a case file before beginning their investigation. He reiterated the argument earlier made by ASSK's lawyers that the 1974 constitution and all laws following from it are invalid. He commented that, nonetheless, authorities continue to selectively enforce those provisions of the constitution and the law that suit their purposes. At one point prosecutors objected, saying U Hla Myo Myint should not be permitted to repeat an argument ASSK's attorney had already made. However, the judges overruled the objection and permitted the attorney to proceed. Yettaw's Lawyer Mostly Defends ASSK -------------- ¶3. (SBU) Yettaw's lawyer spoke next and focused the bulk of his 40-minute argument on ASSK's actions rather than on those of his client. He described ASSK as a brave leader who made a difficult, but proper decision to provide Yettaw with humanitarian assistance. Maintaining security is the job of the police, not ASSK, he said. When he did speak of Yettaw, the lawyer noted that his client believed he was on a mission from god to warn ASSK about an assassination plot and acted in good faith. (Comment: We are aware that Yettaw has stressed from the beginning that ASSK is innocent of all charges. Presumably he instructed his lawyer to focus argument on the reality that, in any reasonable world, ASSK was not at fault. End comment.) The Prosecution's Case -------------- ¶4. (SBU) The prosecutor reiterated the rules pertaining to ASSK's house arrest and how she and her assistants knowingly violated them by providing Yettaw with material assistance and failing to report either of his visits. ASSK's detention was for her own protection rather than simply house arrest. Turning to Yettaw, the prosecutor said the American had "high quality" equipment and was caught near the Charge's residence. (Note: This echoes points put forth by Police Chief Khin Yi at his June 25 news conference (reftel). End note). The Prosecutor stressed that ASSK and her assistants were not above the law, even if they claim they were merely providing Yettaw with humanitarian assistance. The prosecution continued to assert that the 1974 constitution is RANGOON 00000470 002 OF 002 still valid, citing the flag and national seal as evidence of its validity. ASSK Thanks Diplomats -------------- ¶5. (SBU) ASSK entered the courtroom shortly before the start of the proceedings. She briefly thanked diplomats for attending (Note: The GOB is behaving oddly about attendance. Embassy Consul, thankfully, has every-day access. Other foreign diplomats attend at the whim of someone. July 27, EU diplomats, Norway, and a few journalists received permission. Today, July 28, the U.S. (the Charge and Poloff),Australia, Japan, and those ASEANs who expressed interest quickly enough (Singapore, the Philippines, and Malaysia) attended the morning session. No journalists were there. When defense lawyers finished just before lunch, Protocol informed the diplomats, without good explanation, that only the U.S. Consul could attend the prosecution's remarks in the p.m. End note.) ¶6. (SBU) ASSK appeared somewhat tired, more so than the last time the Charge saw her, but she was alert and actively engaged in her own defense. Before the proceedings began, ASSK conversed with the prison doctor and a guard who then spoke with the prison superintendent. ASSK lawyer Nyan Win later told us the conversation involved a minor administrative matter and was not related to ASSK's health, which he said is good. In a lighthearted moment following the midday break, ASSK turned to Consul and asked if he had eaten a proper lunch, stressing that it could be a long day. Consul thanked her and said he had. Yettaw "Came to Do Good" -------------- ¶7. (SBU) John Yettaw appeared to be in good spirits and health during the session, flashing a "thumbs up" sign to Consul at the start of the proceedings. As the morning session concluded, Yettaw turned to Charge and Poloff and said with seeming chagrin: "I came here to do good." Later his lawyer told Consul that Yettaw is eating regularly and is relieved the trial is nearing its end. DINGER