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Myanmar delays Suu Kyi case for witness appeal
AFP - Thursday, June 4
YANGON (AFP) - - Myanmar's judiciary accepted an appeal from Aung San Suu Kyi's lawyers Wednesday over the number of witnesses she could call, delaying closing arguments at her internationally condemned trial.
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The democracy leader's legal team had challenged a ruling banning three out of the four defence witnesses she had asked for at the closed-door proceedings, saying it showed the military regime's case against her was one-sided.
Nyan Win, a spokesman for her party, said a higher court would now hear from the government and the defence on the matter on Friday, when closing arguments at the prison trial were originally due to be heard.
"I think it is a positive sign, if we look at the law," Nyan Win, who is also a member of Aung San Suu Kyi's legal team, told AFP.
"The Yangon divisional court accepted our revision (appeal) so both sides have to give statements to the court on Friday at 3:00pm. That means the final arguments in the trial are postponed," he added.
The Nobel laureate faces up to five years in jail on charges of breaching the conditions of her house arrest after a bizarre incident in which an American man, John Yettaw, swam to her lakeside home in May.
The three barred witnesses were Win Tin, a dissident journalist who was Myanmar's longest serving prisoner until his release in September; Tin Oo, the detained deputy leader of her party; and lawyer Khin Moe Moe.
The court previously heard from 14 prosecution witnesses, mostly policemen, while one witness was accepted for Aung San Suu Kyi's defence.
Nyan Win also said that their preparations for final arguments in the case, to be heard once the appeal is dealt with, were "almost finished."
"We are satisfied with our preparations," he said.
Myanmar's ruling junta has already kept Aung San Suu Kyi in detention for 13 of the last 19 years and the latest attempt to lock her up has provoked international outrage.
US President Barack Obama has described the proceedings inside Yangon's notorious Insein Prison as a "show trial" while Myanmar's usually reticent Asian neighbours have expressed strong concerns.
Myanmar's ruling generals say the case is an internal matter, accusing Aung San Suu Kyi of covering up Yettaw's visit and suggesting that the incident was planned by "internal and external anti-government elements."
Yettaw's lawyer said Tuesday that the former US military veteran did not take orders or money from outside organisations before swimming across the lake -- a feat he managed using a pair of home-made flippers.
He said that Yettaw, a devout Mormon, was a "sincere and pious" person who believed God had told him to warn her and the government after he had a vision that she would be assassinated.
Legal and rights experts told a panel discussion in Bangkok that the international community should use the global outrage about the trial to push for a UN inquiry over possible crimes against humanity in Myanmar.
The case has provided a "window of opportunity" to investigate Myanmar's junta, said Tyler Giannini of Harvard Law School.
Giannini co-authored a report in May calling for the UN Security Council to follow the precedent of Rwanda and the former Yugoslavia, where inquiries led to special tribunals and prosecutions.
"The trial of Daw Aung San Suu Kyi is putting additional scrutiny on Burma right now and really highlighting the lack of judicial independence," Giannini said at the Foreign Correspondents' Club of Thailand late Tuesday.
Myanmar was formerly known as Burma and has been ruled by the military since 1962. The army refused to recognise elections won by the National League for Democracy in 1990 and crushed mass protests in 1988 and 2007.
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