Fmr. Yangon Chief minister Phyo Min Thein yet to be charged after 8 months of detention, says Daw Aung San Su Kyi’s lawyer

Fmr. Yangon Chief minister Phyo Min Thein yet to be charged after 8 months of detention, says Daw Aung San Su Kyi’s lawyer
Published 10 October 2021

Former Yangon Region chief minister U Phyo Min Thein was cross-examined as a civilian witness for the ruling military in court in Nay Pyi Taw on October 8 for the charges against State Counselor Daw Aung San Su Kyi under the anti-corruption law. 

During the cross-examination, U Phyo Min Thein, testified that he bribed Daw Aung San Su Kyi with dollars and gold so that she ‘looked after him,’ says defendant lawyer U Kyi Win.  

“He testified that he bribed her for his protection. U Phyo Min Thein is not really an independent and credible witness. All the Central Executive Committee members of the National League for Democracy and chief ministers have been charged. These chief ministers include Dr. Zaw Myint Maung, U Myint Naing, Daw Nan Khin Htwe Myint, U Nyi Pu and Dr Aung Moe Nyo. However, no lawsuits have been filed against Phyo Min Thein after eight months. When I asked him where he was detained, he replied that he was at an interrogation center. Just think of that,” said defendant lawyer U Kyi Win. 

Almost all of the NLD top leaders who served in the NLD government have been detained since the February 1 military takeover. And most of them are facing various charges.

 Fmr. Magway Region chief minister Dr Aung Moe Nyo has been sentenced to two years in prison after being charged under section 505 (b) of the penal code. He has also been charged with corruption.

 Fmr. Rakhine State chief Minister U Nyi Pu has also been sentenced to two years in prison after being charged under section 505 (b). He has also been charged with corruption. 

Since her detention on February 1st , Daw Aung San Su Kyi, who served as State Counselor and union ministers, has been charged under section 505 (b) of the penal code, section 25 of the disaster management law, section 8 of the export/import law, section 67 of the telecommunications law, and the anti-corruption law. 

Similarly, President U Win Myint has been charged under section 505 (b) of the penal code and section 25 of the disaster management law.  Dr Myo Aung, who served as chair of the Nay Pyi Taw Council has been charged under section 505 and the anti-corruption law. Mandalay Region chief minister Dr. Zaw Myin Maung has been charged under section 505 (b), section 25/30 (a) of the disaster management law and section 55 of the anti-corruption law. Sagaing Region chief minister Dr Myint Naing has been charged under section 505 (b) and section 55 of the anti-corruption law. 

Bago Region chief minister U Win Thein has also been charged under section 55 of the anti-corruption law. Taninthayi Region chief minister U Myint Maung has been charged under section 505 (b). Mon State chief minister  Dr Aye Zan has been charged under section 505 (b) and section 55 of the anti-corruption law. Kachin State chief minister Dr Khat Aung has been charged under section 25 of the disaster management law and section 55 of the anti-corruption law.  

Ayeyawady Region chief minister U Hla Moe and acting Kayah State chief minister U Boss Ko have reportedly been under house arrest. Chin State chief minister Salai Hlyan Lwe is reported to have fled to India. It is unknown what charges they are facing. 

Meanwhile, U Phyo Min Thein, an important member of the NLD government and member of the NLD Central Executive Committe, has not faced any charges. 

The anti-corruption law prescribes punishment for both the giver and receiver of the bribe. When former Taninthayi Region chief minister Daw Lei Lei Maw was imprisoned under charges of corruption, both she and the company officials who bribed her were imprisoned. 

No investigation has been conducted as to how U Phyo Min Thein could afford to bribe the State Counselor in the form of gold and US dollars.  

U Phyo Min Thein testified that the gold he acquired for the bribe was the reserves from his family-owned gold and jewelry shop. The dollars were obtained from some businessmen. Some people have commented there should be scrutiny of his gold shop operations and tax payments. 

The Daily Eleven featured an editorial on November 6, 2016 under the NLD government. The editorial titled “One Year after the Election” mentioned that a business tycoon who won a new Yangon city project tender gave the chief minister a Patek Philippe watch worth around US$100,000. At that time, no investigation was conducted under the anti-corruption law. 

    Instead, the CEO of the Eleven Media Group and the responsible editor were arrested and charged under section 66 (d) of the telecommunications law for posting the editorial on the Eleven Media Group’s Facebook page and the CEO’s personal Facebook profile. 

Additionally, in 2018,  the then-Yangon Region chief minister U Phyo Min Thein and his cabinet arrested and directly filed a lawsuit against the chief editor, deputy chief editor and chief reporter of The Weekly Eleven Journal under section 505 (b) of the penal code for publishing an opinion article about “calls for closure of fuel stations that are always making losses, YBS and school buses purchased with money from unidentified creditors, and public shares under a particular license name” on October 8, 2018 version of the Weekly Eleven. The charge was pressed without any consultation with the Myanmar Press Council.

The move by U Phyo Min Thein and the regional government to arrest Eleven Media’s journalists attracted widespread criticism because it was done without proper investigations. However, after being instructed by President Win Myint, the Yangon Region government released the three journalists from Eleven Media and dropped the charges on November 9th, 2018. 

When U Phyo Min Thein served as chief minister, he faced public criticisms and controversies for several issues. Significant instances include seeking loans from some local private banks to buy YBS buses, providing plots for Yangon Petrol (YP) filling stations at extremely low prices, and implementing a new Yangon city plan. 

State-owned land plots were allotted to Yangon Petrol at a cheap price of 2,000 kyats (over $1) per square feet for the creation of fuel stations. U Phyo Min Thein rebutted these criticisms by saying that the plots were allotted to sell fuels to public consumers at cheap prices. At that time, the YP filling stations sold their fuels at prices lower than the market rate. However, they are currently selling at similar prices to other fuel stations. 

The state-owned plots sold to YP are located in prime areas. Questions were asked of U Phyo Min Thein over the sale of land at low prices, which caused significant state revenue losses.  The Daily Eleven pointed out that the allotment of 26 state-owned plots to Yangon Petrol at the price of Ks2,000 (over $1) per square feet triggered an estimated loss of 200 to 300 billion kyats ($100Million to $200 Million) in state revenues, according to the market price. Exchange rate calculated at approximately 1,500 kyats for $1. 

Since a budget of 70 billion kyats ($45 Million) approved by parliament was not enough to buy YBS buses, a loan of 8 billion kyats ($5 Million) was borrowed from AYA Bank and 5.5 billion kyats ($3.5 Million) was borrowed from KBZ Bank to buy school buses. Even a parliamentary debate emerged after the reports that those loans were made personally .  In Yangon Region parliament, MPs showed their opposition to the government’s settlement of the debts by pointing out the breach of the financial rules although the public transport company concerned was held accountable. 

As the All Bus Line Control System was changed into YBS (Yangon Bus Service) system, AYA Bank disbursed loans to the companies engaging in the YBS system. Of 50 billion kyats ($33 Million) loaned by three companies including OmniFocus Co, reports circulated in the media that AYA Bank would sue those companies for failing to settle their debts.   The regional government claimed that they did not endorse the companies in seeking their loans over the purchase of YBS buses. But, AYA Bank officials told the media that they received a letter from the government urging the bank to provide financial help when the YBS system was adopted. U Phyo Min Thein faced numerous criticisms after news emerged that his government would settle the debts as it had already guaranteed, using public funds and reserves.

There is a lot of complexity in that YBS loan issue. The regional government instructed to seek a negotiation between the bank and the companies under the supervision of a parliamentary committee. However, it is still unknown how the issue has been addressed.   

U Phyo Min Thein, who served as Yangon Region chief minister, was frequently slammed for his actions. In June 2020, 32 lawmakers from the Union Solidarity and Development Party and People’s Pioneer Party including military representatives lodged an impeachment complaint against him.  

The complaint carried seven points such as the new Yangon city project issue, the violation of the Covid-19 restrictions by forming a large gathering in distributing food supplies in Hlaing Tharyar Township, a large gathering at the Botahtaung Pagoda, and seeking of no parliamentary approval when buying school buses. 

A parliamentary tribunal was formed to investigate such cases. As the majority of parliamentary representatives were from the NLD, the impeachment case did not result in anything. 

Among those serving as cabinet members in Yangon Region, Daw Nilar Kyaw was charged with corruption. However, it is questionable why U Phyo Min Thein, who is notorious for his numerous alleged corruption cases, has not faced any legal action. 

Asked about any plans to take legal action against U Phyo Min Thein under the anti-corruption law during a press conference on June 12 this year, Major General Zaw Min Tun, leader of the information team of the State Administration Council, told the EMG that no one is above the law and everything would go according to the law. 

"Like I said, it will be done according to the law. No one is above the law. I've said before not to ask me about cases in which investigations or court cases are ongoing although this is not a court case. It is regarding this one person and all the chief ministers under the previous government. We are still investigating them. Nobody is  above the law and it will be taken care of according to the law," said Maj Gen Zaw Min Tun. 

Despite news releases about legal actions against the NLD chair and Central Executive Committee members, most ministers, some union ministers and some region/state ministers in the time of the NLD governments, there has been no official announcement of any legal action against former Yangon Region chief minister U Phyo Min Thein.