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Summary
The judicial officer told the court that all the evidence shown
to the court was either seized or found in the possession of the
defendants. He ascertained that although they were written by hand,
they were still magazines and literature according to Section 2(a)
and (c) of the Printing and Distributing Act and that it was clear
that the accused co-wrote, read and distributed the magazines and
other literature. It was also evident that they listened to the
news broadcasts from foreign broadcasting stations and distributed
this false information.
The handwriting expert verified that those accused
of writing Records A-1 to A-9 had actually written the literature
concerned. Since the radios had been seized from Ko Ko Oo and Tun
Win, it was evident that that they had distributed the news from
the radio.
Although Win Tin claimed that he wrote the letters
according to his version of the truth, they contained facts that
were unacceptable to the government. In addition, Myo Myint Nyein
had confessed that he took responsibility for the publication of
the Diamond Jubilee magazine and the evidence showed that all the
accused worked together to publish the magazines.
He [the judicial officer] therefore appealed to the
court that they be given sentences under the charges that had been
laid against them.
As mentioned, Nyunt Zaw wrote the news bulletin (Record
A-1). Similarly, the handwriting found on the Diamond Jubilee magazine
was his. The investigators found that he had copied false news from
the BBC, VOA and DVB.
The judicial officer told the court that all the writings-poems,
articles, descriptive pieces, aesthetic writings, cartoons, short
and long stories-contained in the 102 page Diamond Jubilee magazine
were aimed at defaming and discrediting the government. the person
responsible was no other than Nyunt Zaw as testified by the plaintiff
witnesses and from the confessions of the accused.
In the defense of Myo Myint Nyein, he confessed that
he co-operated with Phyo Min Thein to put out the magazine. Although
he claimed the handwriting in the magazine was his, it was obvious
from the evidence that it was Nyunt Zaw's. The poem 'History Of
The Fighting Peacock's Ability' (Record A-2) was entirely against
the government. It reads as follows:
'Let it be known
to those in the military who hunger for power,
those demonic military,
wishing to build a military nation,
under a military democracy and military politics,
that we shall resist defiantly with the strength of
the fighting peacock,
may it be eternally recorded in history!'
It was evident that this poem was written by Zaw Myint
Maung from U Tin Sein's testimony and from Evidence Category N.
The New Blood Wave magazine (Record A-3) was written
by Aung Myo Tint. He contested the allegation by U Tin Sein that
the handwriting in certain pages of the magazine was not identical
to that shown in Evidence Category K. U Tin Sein confirmed in his
testimony that Aung Myo Tint did not ask a cross question about
it. There were poems, stories, satirical pieces, songs, articles
and aesthetic writings in the magazine and these were aimed at discrediting
the government and presenting inaccurate information.
From U Tin Sein's testimony combined with the Evidence
Category N it was undeniable that the handwriting of the poem 'Together
With Infiniet Strength' was Aung Kyaw Oo's. It was a poem which
was libelous to the government.
The two pages of 'Meeting With Great Leaders' (Record
A-6, Evidence Category Q) as accepted by the court, were clearly
seditious literature. They were written in Zaw Tun's handwriting,
as testified by U Tin Sein and confirmed by Evidence Category N.
The Record A-7, Evidence Category R, was in the handwriting
of Kyaw Min Yu. This was confirmed by U Tin Sein's testimony together
with Evidence Category N. In any case, Kyaw Min Yu himself admitted
that it was his handwriting.
The two sheet letter that was Record A-7, Evidence
Category S, started with the word 'Father' followed by the signature
'Ko Phyo' and ended with the date '15-1-95'. According to Evidence
Category N and the testimony of U Tin Sein, it was written by Phyo
Min Thein. The facts contained in this were defamatory to the government.
The Record A-8, Evidence Category T, was the record
of inaccurate news broadcast by the DVB. The testimony of U Tin
Sein and Evidence Category N affirmed that it was Myat Tun who had
copied it out. He admitted that these were not false statements.
The law enforcement official testified in court that the news from
the DVB (Evidence Category T) was damaging to the country as it
had been fabricated.
Record A-9, Evidence Category T, contains an anti-government
poem written on bits of thin plastic bag, and brief notes of NLD
meetings and policies. The documents were addressed to Win Tin at
Cell 2 in Hall 3 and according to evidence and testimonies of U
Tin Sein, it was proven that the handwriting on these documents
were Win Tin's. But Win Tin testified that it was not entirely true
that all these documents were written in his handwriting, as some
were in other handwriting styles that he did not recognize. U Tin
Sein did not ask a return question regarding this.
As mentioned, it is clearly evident that Nyunt Zaw,
Zaw Myint Maung, Aung Myo Tint, Aung Kyaw Oo, Zaw Tun, Kyaw Min
Yu, Phyo Min Thein, Myat Tun and Win Tin had written and published
magazines, news bulletins and papers that were all against the government.
Myo Myint Nyein did not deny that he wrote the letter
to the Human Rights Conference on the prison shirt. He also did
not deny his involvement in the work of the Diamond Jubilee magazine
(Evidence Category C), the letter requesting rights for political
prisoners, the news bulletin (Evidence Category Q) and the New Blood
Wave magazine (Evidence Category E). He in fact confessed that he
was involved with the Diamond Jubilee magazine and the news bulletin.
Nyunt Zaw did not ask U Tin Sein a cross-question
although he denied that the handwriting on the Diamond Junilee magazine
was his.
With regard to charges made against Soe Htet Khaing,
he countered that U Ye Nyunt's accusations were unfounded because
he did not name the Diamond Jubilee magazine. Soe Htet Khaing contended
that he saw the magazine only when he arrived at the court. Similarly,
he denied the change that he read the news bulletin which Myo Myint
Nyein passed on to him. But according to the confiscated materials
and testimonies of witnesses, it has already been proven that he
had worked with Zaw Tun, Aung Kyaw Oo, Nyunt Zaw, Kyi Pe Kyaw, Zaw
Min and Phyo Min Thein on the publishing of the Diamond Jubilee
Magazine.
Aung Kyaw Oo testified in court that he carried out
work supportice of democracy and human rights. During cross-examination
he confessed that he participated in the work of the Diamond Jubilee
magazine.
Zaw Min allowed himself to be questioned as a defendant.
He denied all the charges. He cross-examined U Khin Htay regarding
'Kow-towing To Mother', the poem titled 'Appendix To A Cup Of Light
Sweet Tea', the short story 'Day Of Hope' and the letter to the
UN in relation to human rights issues in Burma. Evidence Category
C contains the poem 'Appendix To A Cup Of Light Sweet Tea' and 'Day
Of Hope' on page 28 and page 96 respectively in the Diamond Jubilee
Magazine.
In the testimony of Win Thein, he mainly focused on
making an appeal. During cross-examination he denied his involvement
in discussions with Pyone Cho, Lwin Oo, Yin Htway and Aung Myo Tint
about collecting manuscripts and publishing a magazine in commemoration
of the 7th anniversary of Phone Maw's death. He also denied that
he wrote 'The Immortal' for the New Blood Wave magazine. Win Thein
however did not say in his main testimony if he was involved in
providing coffee and snacks to the participants in the prayers and
memorial services (held on the anniversaries for the deaths of Phone
Maw and Maung Thaw Ka).
Htay Win Aung in his main testimony did not deny his
involvement in naming the magazine New Blood Wave and in drawing
illustrations for it. Likewise, he could not deny writing 'The Immortal'
and 'Auger of 13-16' on page 2 of the magazine.
Yin Htay's testimony was similar to that of other
defendants. He also told the court of his dissatisfaction in prison.
He casually denied that he was involved with the New Blood Wave
magazine. He however could not deny the charges by the prosecution.
Hla Than answered only 3 questions (among those posed
by the court). He allowed himself to be questioned as a defendant.
He did not defend the charges as a witness of produce any witness
to the court.
Ko Ko Oo (aka Bo Bo) did not defend himself against
any of the main charges. Instead, he told the court of his feelings,
desires, demands and beliefs. He denied smuggling the radio into
the prison (Evidence Category F), but he did not deny explicitly
the fact that the radio and its paraphernalia was found in the place
to which he had guided the search party.
Kyi Pe Kyaw denied the accusation that he crocheted
pictures of a peacock on the Diamond jubilee magazine. During cross-examination,
he confirmed that he shared a cell with Myo Myint Nyein and Si Thu
(aka Khin Maung Lwin). He denied discussing anything with them,
but he did not present any witness to support this to the court.
Tun Win confirmed that a radio was seized from his
cell and that he listened to news from foreign broadcasts. But he
contended that he did not know about the document sent to the Vienna
Human Rights Conference, the letter to the UN Secretary General
or the New Blood Wave magazine. However, he did not deny in his
main testimony that he distributed news from the radio and batteries
were seized from his cell (Evidence Category D).
Sein Hlaing answered only two questions and did not
present any witnesses to the court.
Soe Myint denied knowing anything about the New Blood
Wave magazine and said that he believed it was ownerless. He also
denied he wrote the song 'Battle Cry'. He presented no witnesses
to the court.
In the main testimony of Ba Myo Thein, he contended
that the testimonies of U Khin Htay and U Ye Nyunt were untrue and
that he did not sign the document acknowledging the seizure of materials
from his cell. During cross-examination, he denied writing the brief
news reports and denied he discussed anything with Zaw Myint Maung,
Myint Naing and Jimmy. He however was unable to present any proof
to back up his denials.
To analyze all the testimonies and the materials shown
as evidence - the Diamond Jubilee (Evidence Category C), the requests
regarding human rights issues addressed to the UN Secretary General
(Evidence Category D) the message of condolence at the death of
Maung Thaw Ka seized from Myo Myint Nyein's cell, the drafts of
the news bulletin, and other papers and literature (Evidence Categories
F, A, D, P, Q, R, T and U) - they are all damaging to the State.
It is evident that although the accused had reason to believe that
what they were doing was incorrect, although the accused had reason
to believe that what they were doing was incorrect, they were distributing
and planning to distribute false news not only within the prison
but to organizatjons outside.
Although conclusions cannot be drawn from the testimonies
of the handwriting expert alone, it is evident that all the 22 accused
worked together in committing these crimes, a fact supported by
other materials and testimonies of the witness and of the accused
themselves.
The accused prisoners committed a crime while serving
out prison terms received for various other offenses. For this reason
there is no justification in showing them mercy. Their sentences
are handed out as follows:
The court hereby sentences the following accused to
seven years each with hard labor under Section 5 (E) of the 1950
Emergency Provision Act:
Myo Myint Nyein (son of U Kyar Ba Nyein)
Zaw Tun (son of U Kan Tun)
Nyunt Zaw (son of U Lay Myint)
Soe Htet Khaing (son of U Myint Thein)
Aung Kyaw Oo (son of U Kyaw Hlaing)
Zaw Min (son of U Tint Swe)
Phyo Min Thein (son of U Khin Tun)
Win Thein (son of U Ohn)
Aung Myo Tint (son of U Soe Tint)
Htay Win Aung (son of U Win Aung)
Yin Htway (son of U Mya Soe)
Win Tin (son of U Pu)
Hla Than
Ko Ko Oo (aka Bo Bo) (son of U Yan Aung)
Kyi Pe Kyaw (aka Kyaw Gyi) (son of U Hla Kyi)
Kyaw Min Yu (aka Jimmy) (son of U Tin Yu)
Myat Tun (son of U Myo Thwin)
Tun Win (son of U Htway Nyo)
Sein Hlaing (son of U Ba Yi)
Zaw Myint Maung (son of U Maung)
Soe Myint (son of U Maung Phat)
Ba Myo Thein (son of U Aung Thein)
If they have already served a period detention for these crimes,
this period must be reduced from the sentence. All money presented
at the court will be confiscated as the property of the State as
soon as the period of appeal has expired. At which time all materials
presented as evidence in this case will be destroyed.
Signed,
Kyaw Htun Deputy-Divisional Judge
Ragnoon Division Court
(Northern District Court)
Date: March 28, 1996
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