The prosecution fails to appear in court

28 Jul 2019

Min Tun | DMG

28 July, Sittwe

Since prosecution the witnesses failed to appear in court, accused villagers under Counter-Terrorism law have suffered loss, their lawyers said.

For the case of two people from Myo Chaung village in Mrauk-U Township and two people from Pan Myaung village in Minbya Township, the prosecution did not turn up in court for two court hearings on 12 and 26 July although they were summoned by the Sittwe district court.

The failure of the prosecution to appear in court delays the case, and that is a great loss for the accused, said U Kyaw Nyunt Maung, lawyer for Ko Soe Win Naing, one of the four villagers accused under Counter-Terrorism law.

“The villagers have to face a trial being, but for now they’re being detained for a long time. It is a big loss for them. If they are innocent then their time has been wasted while they were in custody,” the lawyer said.

Captain Htein Lin Maw from No. 380 Light Infantry Regiment in Minbya Township has opened a case against four villagers under section 50 (a), 52 (a) and 54 of the Counter-Terrorism laws accusing of them of involvement with the Arakan Army.

Lawyer U Kyaw Nyunt Maung said that prosecution witnesses and the Captain who will prosecute the villagers did not appear in both court hearings because of security and transportation reasons.

“The captain submitted a letter to the court stating he could not appear in court due to security reasons. The judge could not examine the case because of his absence. The court decided to summon two other civilian witnesses for the next court hearing scheduled on 2 August,” the lawyer said.

The four accused said in the previous court hearing that they were forced into labor by a military troop as porters and denied they are members of the AA. 

Their families also said that a military troop arrested them on 19 March.