Plaintiff is no-show for eighth straight hearing in case against university student and taxi driver

19 Jan 2023

DMG Newsroom
19 January 2023, Maungdaw

The complainant in a case against a distance university student and a motorbike taxi driver from Maungdaw Township, Arakan State, charged under Section 17 (1) of the Unlawful Associations Act, has failed to show up at eight consecutive court hearings, according to family members of the accused.

The eighth court hearing was held on Thursday, but the Maungdaw Township Court still could not start the trial as the complainant again failed to appear.

The accused are Ko Maung Hsan Htay, 24, a second-year distance university learner from Khamaung Seik Village, and Ko Khin Zaw, 22, a motorbike taxi driver from Mingalarnyunt Township.

The duo were detained at a junta security checkpoint near the Kyee Kan Pyin border guard police headquarters on their way back to Khamaung Seik Village from Maungdaw Township on November 1.

Captain Zaw Lin of the Myanmar military subsequently filed a lawsuit against the two for allegedly having ties to the Arakan Army (AA).

After the plaintiff logged his eighth no-show on Thursday, the next hearing was scheduled for January 26, said Ma Nu Than Yin, the elder sister of Ko Khin Zaw.

“The complainant did not come. We have never seen him,” she told DMG. “He has not come since he filed the lawsuit. The court has heard nothing because the plaintiff did not come. It has cost us hundreds of thousands of kyats to attend the trial. My brother cried and asked me if I knew when he would be released. Bail is not granted for this charge. It is really depressing to come to the trial.”

Ko Maung Hsan Htay’s mother Daw Ma Hla Sein said her son is innocent, adding that she is concerned that he will not be able to attend classes for distance learners, which are opening soon for the 2023 academic year.

“It has not only cost us a lot of money, but we are also mentally exhausted. It is really painful to see my son being handcuffed and put into a prisoner transport vehicle. [The last time I saw him,] he was feeling dizzy and vomiting. The university will open soon, and he wants to attend. He needs to register on time, and we don’t know what to do,” she said.

Daw Ma Hla Sein called on the plaintiff to come to the next court hearing so that a ruling can be made swiftly. 

“We have financial constraints; we could not afford to go to the court hearing on Thursday. The court is far from us. My son might have been disheartened,” she said.

The defendants are currently being detained at the prison in Buthidaung Township. If convicted, the two men face two to three years in prison.

At least 46 individuals — ranging from education officers and students to average citizens and activists — were charged under Section 17(1) of the Unlawful Associations Act for allegedly having ties to the AA during the latest fighting in Arakan State. An informal ceasefire between the Myanmar military and Arakan Army broke down in August of last year, leading to months of renewed fighting that came to a halt when the two sides reached another informal truce in late November.

In many of the unlawful association cases, court hearings have been time and again deferred as plaintiffs and prosecution witnesses have failed to show up. As junta officials are most commonly the plaintiffs in those cases, their repeated absences show a disregard for the country’s judicial system, human rights activists have criticised.