AAPP

Pleading Not Guilty In Insein

Evidence
The evidence produced in court consisted of radios and batteries, two magazines (The Diamond Jubilee and the New Blood Wave) a weekly news bulletin and a number of pieces of paper.

Chief Warden U Zaw Myint (plaintiff witness 4), testified that he participated in the search of Cells to 18 in Hall 12 on November 1995, along with the team leader of the raid Warden U Thein Myint. Chief WArden U Zaw Myint testified that they found:

an iron water pipe
a Thuta Swae Sone (Assorted Knowledge) magazine issued in November 1994
a Veda (Astrology) magazine
a copy of February 1995 Dana (Wealth) magazine
six sheets of paper on which were witten brief summaries of radio broadcasts
a letter of condolence and a book of poems written on the 4th anniversary of Maung Thaw Ka's(6) death
a copy of a hand-written news bulletin issued on May 7, 1995
25 sheets of paper containing suggestions for the movement to secure the release of Nobel Peace Prize winner Daw Aung San Suu Kyi
22 sheets of paper on which were written short news stories
a number of other papers

The papers of short news stories and the iron pipe seized from Hall 4 were placed under Evidence Category I. According to Warden U Thein Myint, the team leader of the raid, all the other evidence seized during the raid of cell 1 to 18 were listed under Evidence Categories C, D, E, F, G and H.

On November 12, 1995, Warden U Nyunt Wai (plaintiff witness 5) searched Cell 7, Long Hall 4 and found:

76 sheets of hand written manuscripts for the Diamond Jubilee magazine aimed at opposing the State
five sheets of handwritten papers written in English
a book of (Buddhsit) Sutras

They were listed under Evidence Category J. According to U Nyunt Wai, prisoners Zaw Tun and Nyunt Zaw lived in this cell.

According to the testimony of Warden U San Ya (plaintiff witness 6) he was told to search Hall 4 on the morning of November 13, 1995 along with the authorities in charge of Halls 4, 5, 6. The authorities seized 37 sheets of paper torn out from various English magazines from Cell 29 where Sein Hlaing, Win Thein and Aung Myo Tint lived.

Warden U San Ya also testified that Khaing Soe, Saw Myint Maung, Moe Kyaw and Maung Gyi lived in Cell 18 and that 21 pages from an English magazine were seized from their cell. He further verified that the authorities found 3 lamps wrapped up in a cement bag buried in front of Cell 21, Hall 4 where Kyaw Zin Htwe and Pyone Cho lived. He also testified that Maung Swe Oo and Phyo Min Thein lived in Cell 5 of Hall 4.

According to the confession of Ko Ko Oo, Warden Maung Hla, Warden Tint Lwin and Corporal Shwe Win searched in the garbage pile and toilet behind Hall 5 on November 19, 1995 and found a ten-and-a-half foot long black wire, two four-foot long white wires, ten small 'National' batteries, a destroyed speaker and broken bits of a radio.

The search team also found in the area between the pond and the officers' houses a copy of the New Blood Wave magazine and another copy of the same magazine, which were listed in Record No. 2 under Evidence Categories M and B.A draft copy of seditious literature listed as Record No. 12 was also found buried in the ground near Hall 4.

Warden Kan Myint (plaintiff witness 7) testified that he was ordered to search Cells 2 and 13 of Hall 3 on November 12, 1995. In his testimony, he stated that Win Tin lived in Cell 2. He said his team found:

two Newsweek magazines
a nail cutter -two ball-point pens, a pair of felt pens and two refills
three bottles of home-made medicine
a lighter
illegal literature written on 109 pieces of plastic and 39 pieces of paper

Furthermore, Warden Kan Myint testified that the team found another batch of evidence in Cell 13 of Hall 3. They were:

two new gas lighters and three old gas lighters
three shaving blades and a shaving metal blade
a container for colored pencils
a painting brush
two copies of Today Burma
a book of English usage
a thermometer
12 colored pencils, seven colored pens and 14 felt pens
an article called 'Living Revolution' written on eight pieces of torn plastic bags
155 kyat(7)
a Newsweek magazine
five 'Spoken English' books
an old nail cutter
a picture of Bogyoke (Aung San) -five picture of Aung San Suu Kyi

According to the testimony of handwriting expert U Tin Sein (plaintiff witnesses 8), he was able to confirm that the handwriting of the publications, except the weekly news bulletin (Record A-1), was that of Nyunt Zaw. After carrying out an examination of his writing alongside that of Zaw Myint Maung, Aung Kyaw Oo, Zaw Tun, Kyaw Min Yu, Phyo Min Thein, Myat Tun and Win Tin, he found the hand writing in the A-1-1 copy and the magazine for the Diamond Juilee of Rangoon University was identical to that of Nyunt Zaw.

U Tin Sein further testified that:
the hand writing on Record A-2 belonged to Nyunt Zaw.
Aung Myo Tint wrote New Blood Wave (Record A-3)
Record A-4 and Evidence Category P were Aung Kyaw Oo's writings
writing on the back of an oil-soaked paper used for wrapping up snacks from 'Joker Bakery' was written by Zaw Tun (Record A-5, Evidence Category Q)
writing in red ink on 10 pieces of paper was written by Kyaw Min Yu (aka Jimmy) (Record A-6, Evidence Category R)
Phyo Min Thein wrote two sheets of paper constitution Record A-7, Evidence Category S
Record A-8, Evidence Category T, was in Myat Tun's handwriting
Win Tin's handwriting was on Record A-9, Evidence Category N

Following an investigation, the State brought various charges against Myo Myint Nyein along with 21 other partners-in-crime involved in the case. They were charged under Section 5 (E) of the 1950 Emergency Provision Act for writing and distributing seditious literature and drawing cartoons and illustrations aimed at discrediting the State despite knowledge and proof that the information contained in these documents was false.

The court also produced evidence for the case involving the Diamond Jubilee magazine and 20 sheets of paper addressed to the United Nations (Evidence Category C); the weekly news bulletin - 6 different editions of which were seized from Myo Myint Nyein's cell (Evidence Category D); minutes of NLD meetings in prison (Evidence Category F); and the New Blood Wave magazine and other literature (Evidence Category K).

All the accused denied the charges. All the accused with the exception of Zaw Min, Hla Than and Sein Hlaing testified as witnesses during the trail and produced witnesses.