Wednesday, July 29, 2009

Legally Suu Kyi is innocent: Defence lawyer

 
by Mungpi
Tuesday, 28 July 2009 20:07

New Delhi (Mizzima) – The over two-month long trial of Burmese pro-democracy leader Aung San Suu Kyi points to her innocence, legally and the verdict to be pronounced on Friday will put to acid test the rule of law in the military-ruled country, her lawyer said on Tuesday.

Nyan Win, one of Aung San Suu Kyi’s lawyers told Mizzima after the arguments put forward by the defence on Tuesday that testimonies of the witnesses, arguments of lawyers of both the defence and the prosecution have all proved that the Burmese pro-democracy leader is innocent.

“As far as I have analysed the trial, legally there is no evidence to convict her [Aung San Suu Kyi,” said Nyan Win, adding that it would surprise him and the other members of the defence team if the verdict pronounces her guilty.

On Tuesday Nyan Win submitted his clarification on the prosecution’s arguments stating that there are no grounds to charge the Nobel Peace Laureate and the charges filed by the prosecution are not valid as the 1974 constitution is no more in effect.

Fellow party member and one of the spokesperson of the National League for Democracy, Ohn Kyaing told Mizzima earlier that he believed legally there is no ground to charge and convict the Burmese democracy icon but expressed concern that the court might not independently take a decision.

“I think the court will convict her because that’s the junta’s plan,” he said.

Like Ohn Kyaing, observers and critics believe that the junta is using the incident of John William Yettaw’s visit to Aung San Suu Kyi’s home as an excuse to charge her and sentence her to yet another prison term, in a move to keep her out of the 2010 election scenario.

But Nyan Win said, the defence team has not given up, and is willing to go to any extent in trying to bring justice to the pro-democracy leader.

“Aung San Suu Kyi has agreed with us and has given us permission to continue fighting the case legally and we plan to take the case to higher courts if the verdict pronounces her guilty,’ Nyan Win said.

Opposition activists widely believe that the military has chalked out a plan to sentence Aung San Suu Kyi before the end of July to avoid the verdict coinciding with the ensuing anniversary of the 8.8.88 uprising on August 8.

But the junta, which initially thought of sentencing Aung San Suu Kyi in a short trial, is also taking into account the possible reaction – both international and domestic - that may erupt in the wake of her being sentenced.

Win Tin, a senior leader of the NLD and veteran journalist, earlier told Mizzima that pronouncing Aung San Suu Kyi guilty and sentencing her to a prison term could provoke peoples’ anger that could lead to yet another mass movement particularly in Burma’s former capital city Rangoon.