The township judge has started interrogating plaintiff Aung Kyaw Khaing, director of Yangon regional government for charging against three senior journalists of Weekly Eleven Journal under Section 505 (b) of Penal Code and will decide the submission of bail application in the next trial, said a source from Tamwe Township Court.

Plaintiff Aung Kyaw Khaing, who sued three senior journalists of Weekly Eleven Journal—Chief Editor Kyaw Zaw Lin, Editor In-charge Dr Min Lwin (a) Na Yi Min and Chief Reporter Phyo Wai (a) Phyo Wai Win under Section 505 (b) of Penal Code for defaming the reputation of the regional government, was interrogated. Afterwards, the lawyer to the accused put up a bail application.

The bail application stated that when any person accused of any non-bail able offence is arrested detained without warrant by an officer in charge of a police-station, or appears or is brought before the Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or with transportation for life: Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such offence be released on bail. 

Kyaw Zaw Lin and Na Yi Min are key parts of Eleven Media Group. Phyo Wai is also the reporters-in-chief. Only if they are bailed out, will they serve the interest of the people as to the information. The accused persons are not the ones who will run away or the ones who will not appear the trials regularly. Moreover, they are the ones who can pay for the bail money. They are not the ones who will destroy the evidences through undue influence. The accused persons can argue only if they are given bails and it will help to judge the truth. If they are detained for long without granting the bails, it seems to give punishments to them in advance, said in the bail application.

Regarding the cases charged with Section 505 (b), evidences were submitted to the court. Despite the charge with Section 505 (b), Loikaw Township Court granted a bail to seven accused persons. Myat Khaing, Chief Editor of Snapshot Journal, was also bailed out in the time of Yangon Chief Minister Myint Swe. These examples were also submitted to the court. 

The judge interrogated plaintiff Aung Kyaw Khaing. Aung Kyaw Khaing said the writing of Weekly Eleven’s article stating putting shares with the name of U Myint Thaung in Yangon Metropolitan Development Public is not true. On behalf of Yangon regional government, U Myint Thaung put shares in this company. The shares of public funds are not put with the name of U Myint Thaung.

Aung Kyaw Khaing mentioned during the trial that such writing and expression in the article cause panic among officials concerned of the public companies as to Myanma construction and development and share holders and mistrusts of companies and Yangon regional government by the people. These displeased situations can lead to criminal offense to the government by the people. 

Kyi Myint, the advocate lawyer to the accused persons, objected to the advance reading of some statements by the law officer at the trial while Aung Kyaw Khaing was making a statement. Therefore, the judge said that only the plaintiff should voice a statement. After that plaintiff Aung Kyaw Khaing put forward evidences to the court. The law officer submitted the documents gathered by Aung Kyaw Khaing to the court as the evidences. The evidences submitted to the court are 31 documents which include the article of Weekly Eleven Journal and the ones the Investment Commission permitted the public company. 

Kyi Myint, the advocate lawyer to the accused persons, objected to the evidences submitted to the court as they are not original ones, but photocopies. 

“I do not accept the photocopies submitted to the court as the evidences. The person who sued is a director and so we don’t underestimate. The person who charged needs to submit complete documents to the court. Those who are facing the trial are the ones who are detained in the custody,” said Kyi Myint, the advocate lawyer to the accused persons.

Since those who are facing the trial are the ones who are detained in the custody, Kyi Myint, the advocate lawyer to the accused persons, told the judge to regard the photocopies submitted to the court by the plaintiff as not the original ones. 

Regarding the argument of Kyi Myint, the advocate lawyer to the accused persons, the township judge said that the plaintiff must submit original documents to the court in the upcoming trial.

The next trial is scheduled on October 26. The judge said in the trial that the court would continue interrogating plaintiff Aung Kyaw Khaing and the bail application would be decided. The writing of a journalist is not a strange matter. They must be allowed to the right of dealing with the matter. Whether to grant a bail or not depends on the reasoning power of the judge. 

“We will have to monitor how to use the authority reasonably. If the judge wishes to grant a bail, it can do so. The writing of a journalist is not a strange matter. They must be allowed to the right of dealing with the matter. They are working as senior journalists. For these reasons, the court should reasonably handle the case. If there is no sense of fright, the case should be granted a bail,” said Kyi Myint.

Some media were broadcasting the October 17 trial live. Some people in front of the court showed their expressions by wearing vinyl jersey writing “We admire journalists”. 

Regarding the article about “Closure of unprofitable filling stations, school buses with unknown borrower and public shares with individual names” written by Phyo Wai stated in the Weekly Eleven Journal issued on October 8, Yangon regional government sued senior journalists of Weekly Eleven Journal not because public shares are kept under the name of ‘Myint Thaung’ but because such writing and expression cause panic among officials concerned of the public companies as to Myanma construction and development and share holders and mistrusts of companies and Yangon regional government by the people. These displeased situations can lead to criminal offense to the government by the people. 

Translated and Edited by Win Htut