Myanmar judge rejects request for
dismissal of case against two jailed Reuters reporters
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[April 11, 2018]
By Thu Thu Aung and Shoon Naing
YANGON (Reuters) - A judge on Wednesday
rejected a request for dismissal of a case against two Reuters reporters
jailed in Myanmar after being accused of possessing secret government
papers.
A court in Yangon has been holding preliminary hearings since January to
decide whether Wa Lone, who turned 32 on Wednesday, and Kyaw Soe Oo, 28,
will be charged under the colonial-era Official Secrets Act, which
carries a maximum penalty of 14 years in prison.
Judge Ye Lwin said there was "a proper reason" for the accusations
against the two reporters and therefore "they should not be released."
The judge said it wasn't yet time for the motion to dismiss because he
wanted to hear the eight remaining prosecution witnesses out of the 25
listed, according to the reporters' defense lawyer Khin Maung Zaw.
In a statement, Reuters President and Editor-in-Chief Stephen J. Adler
said: "We are deeply disappointed with the court’s decision."

He added: "We believe that there are solid grounds for the court to
dismiss this matter and to release our journalists. Wa Lone and Kyaw Soe
Oo were reporting on issues in Myanmar in an independent and impartial
way. They have not violated any laws in the course of their
newsgathering and were simply doing their jobs. We will continue to do
all we can to secure their release."
Defense and prosecution lawyers made legal arguments in front of the
judge a week ago, after the defense filed a motion to have the case
thrown out two weeks ago.
The reporters' lawyers had argued that the testimony from witnesses
called by the prosecution was insufficient to charge the pair. They also
pointed to what they said were inconsistencies in witness testimony and
procedural mistakes made by the authorities during the arrest and
subsequent searches.
Lead prosecutor Kyaw Min Aung had argued against the dismissal of the
case, reiterating the prosecution's position that the documents that the
police say the reporters had in their possession were secret and that
the court could assume they intended to harm the security of the
country.
On Wednesday, Kyaw Min Aung left the courtroom before reporters could
ask him for comment on the ruling.
Myanmar government spokesman, Zaw Htay, could not be immediately reached
for comment. He has previously told Reuters that under Myanmar's
constitution the courts were independent and has declined to comment on
the case, citing ongoing court proceedings.
'TIRED OF PRETENDING'
Wa Lone and Kyaw Soe Oo have been in custody since their arrests on Dec.
12.
Wednesday's hearing drew one of the largest crowds of diplomats and
journalists since the start of the proceedings.
The courtroom was packed, with diplomats from France, the European
Union, the United States and Japan among those attending.

Some reporters from local and international media brought birthday cake
for Wa Lone who blew the candles out on the way to the courtroom.
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Pan Ei Mon, wife of detained Reuters journalist Wa Lone, reacts
after a court hearing in Yangon, Myanmar April 11, 2018. REUTERS/Ann
Wang

Wa Lone's wife Pan Ei Mon, who is pregnant with their first child,
broke down in tears after the hearing, telling journalists, "Wa Lone
told me 'not to expect too much' but I'm always expecting as his
wife."
She added: "I want them to be released as soon as possible. I'm so
tired of pretending that I'm okay in front of my husband. I'm so
tired. I don't want to pretend any more."
The two Reuters journalists had been working on a Reuters
investigation into the killing of 10 Rohingya Muslim men in the
village of Inn Din, in western Myanmar's Rakhine state, during an
army crackdown that has sent nearly 700,000 people fleeing to
Bangladesh.
Seven Myanmar soldiers have been sentenced to "10 years in prison
with hard labor in a remote area" for participating in the massacre,
the army said on Tuesday.
"The culprits who committed the massacre were sentenced to 10 years
in prison. However, the ones who reported on it - us - are accused
under a law that can get us imprisoned for 14 years," Wa Lone
shouted to reporters on the steps of the court, before being pushed
inside a police pickup truck.
"So, I'd like to ask the government: 'Where is the truth? Where is
the truth and justice? Where is democracy and freedom?'"
The two reporters have told relatives they were arrested almost
immediately after being handed some rolled up papers at a restaurant
in northern Yangon by two policemen they had not met before, having
been invited to meet the officers for dinner.

Police witnesses, however, have said the reporters were stopped and
searched at a traffic checkpoint by officers who were unaware they
were journalists, and found to be holding in their hands documents
relating to security force deployments in Rakhine.
In its argument, the defense said the papers contained only publicly
available information and could not be deemed secret.
The next hearing will take place on April 20.
(Reporting by Shoon Naing, Thu Thu Aung, Sam Aung Moon, Yimou Lee
and Antoni Slodkowski; Editing by Martin Howell)
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