Plaintiff’s absence delays trial for Sar Pyin villagers accused of terrorism

By Myo Myint Zaw 23 May 2020

Myo Myint Zaw | DMG
23 May, Thandwe

Five men from Taungup Township’s Sar Pyin village, including the chair of the Arakan National Party’s local chapter, appeared before the Taungup Township Court on May 22, but their hearing was rescheduled for June 5 because the plaintiff was a no-show, said lawyer U Tin Nyo.

Major Myint Zaw Aung from the Mobile Operations Command-5 in Taungup town filed a lawsuit against the five men under Section 52(a) of the Counter-Terrorism Law.

“The plaintiff is in Taungup town. He can be absent for two times, but must show up on the third scheduled court hearing,” said U Tin Nyo.

The case has been submitted with 26 prosecution witnesses including military personnel, police and villagers, the lawyer said.

But some of the accused are not in good health and the absence of the plaintiff on Friday meant additional suffering for them, family members said.

“They have been detained for three weeks. We wanted the plaintiff to appear in court this week, but he did not show up,” said Ma Than Than Win, the younger sister of U Pyone Cho, chair of the ANP for Sar Pyin village.

U Pyone Cho and U Than Naing are not in good health, their families said.

“The absence of the plaintiff is delaying the case. My husband is doing cultivation and a vendor. I’ve been so sad since my husband was unlawfully detained,” said Daw Marlar, the wife of defendant U Hla Phyu.

The five men — U Pyone Cho, U Hla Phyu, U Than Naing, Ko Aung Htoo and Ko Maung Myint Aung — were initially arrested on April 5, accused of affiliating with the Arakan Army. 

That case was dropped on May 7, with the Taungup Township Court citing insufficient charging evidence, but about an hour after the court’s decision, police re-arrested the five men on suspicion of involvement in a bomb blast. 

According to Section 52(a), the defendants could face three to seven years’ imprisonment if they are found guilty.