The case against American citizen Mr. John William Yettaw, Daw Aung San Suu Kyi, Daw Khin Khin Win and Ma Win Ma Ma continued at the court of Yangon North District for fifth day today.

Yangon North District Court continued the trial at 10 a.m. and heard the statement of prosecution witness Head of Kyauktada Township Immigration and Population Department U Myat Thwin in connection with the Criminal Case No. 48/ 2009 filed against Mr. John William Yettaw under section 13 (1) of the 1947 Immigration Act (Emergency Provisions).

Prosecution witness U Myat Thwin said that he had to question Mr. John William Yettaw in person; that according to his interrogations and Mr. John William Yettaw’s written statement, Mr. John William Yettaw was an American citizen and he arrived in Yangon, Myanmar, from Bangkok, Thailand, on 7 November, 2008 for the first time; that he entered the residence of Daw Aung San Suu Kyi swimming across the Inya Lake on 30 November, 2008 for the first time; that he arrived in Myanmar on 2 May for the second time and entered the house compound of Daw Aung San Suu Kyi from the backyard, swimming across the Inya Lake on 4 May; that he met with Daw Aung San Suu Kyi; that he did not meet Daw Aung San Suu Kyi when he entered the residence the first time; that he left the house compound swimming at midnight on 5 May and came across the police at about 5 a.m.; that Mr. John William Yettaw gave written statement; that in applying for a visa, a foreigner had to sign the visa application form with the pledges that he would follow the visa disciplines;that the disciplines of the visa are prescribed that the person concerned is not to act against the policy of Myanmar and not to violate the existing law and regulations and that the foreigners holding the tourist visa are not to enter the prohibited places; that the entering of Mr. John William Yettaw into the prohibited area is against the disciplines of the visa; that swimming in the prohibited area of Inya Lake violated the existing law and disciplines; that the passport number of Mr. John William Yettaw is 439767722; that he arrived in Yangon by taking the tourist visa from the Myanmar Embassy in Bangkok of Thailand on 27 October 2008 and left for Bangkok of Thailand in the first time on 3 December 2008; that in the second time, he took the tourist visa EVT (FTI) No. 847 from the Myanmar Embassy in Bangkok of Thailand on 27 April with the above passport and entered Yangon on 2 May by flight No. PG 701 of Bangkok Airway; and that due to his violating the disciplines of visa and section 4 (1) of 1947 Immigration Act (Emergency Provisions), Mr John William Yettaw committed the crime according to section 13 (1) of the above act.

In questioning another prosecution witness IP Myint Aye of the Special Investigation Department, he said that he was assigned duty at the SIP Airport Unit; that the unit has to record arrival and departure of foreigners and to submit the surveillance reports; that while he was discharging duty, American citizen Mr. John William Yettaw holding passport No. 439767722 issued on 28-4-2008 bringing together with tourist visa EVT (FTI) arrived at Yangon International Airport on 7 November 2008 and left the airport by flight No. 702 of Bangkok Airway on 3 December 2008; that the foreigner arrived at Yangon International Airport again from Thailand by Bangkok Airway PG 701 on 2 May; that the arrivals and departures of the foreigner were known because of the information given to the Special Branch by the airport immigration department and the documents of the airport special branch.

Prosecution witness Police Captain Sa Kyaw Win of the external affairs department of Myanmar Special Branch made his statement on the seizure of 61 items and three 100-dollar notes that belonging to Mr. John William Yettaw from the Diamond Room on the fifth floor of Beauty Land (2) Hotel and hotel manager U Kyaw Thu made his statement on the stay of Mr. John William Yettaw in the hotel and handing over of the seized items to Police Capt Sa Kyaw Win as stated in Criminal Case No.47/2009.

In his statement, prosecution witness MSB’s inspector Phone Khaw Khaing from Criminal Case No.49/2009 filed under section 28 of Yangon City Municipal Act against Mr. John William Yettaw said that he was serving at the translation section of MSB’s external affairs department; that as he was assigned duties to act as an interpreter, he questioned Mr. John William Yettaw at about 8 am on 6 May; that the foreigner replied to the questions verbally as well as on paper; that he carried out the interpretation together with Police Lt-Col Maung Maung Khin; and that Mr. John William Yettaw answered the questions freely and of his own accord.

In the afternoon, prosecution witness U Myat Thwin in connection with Criminal Case No.47/2009 filed against Mr. John William Yettaw, Daw Aung San Suu Kyi, Daw Khin Khin Win and Ma Win Ma Ma was examined. U Myat Thwin said that he is the of Kyauktada Township Immigration and Population Department; that according to Mr. John William Yettaw’s passport [evidence (c-2)], he entered Myanmar two times; that he arrived via Bangkok, Thailand, on 7 November 2008 and left for Bangkok on 3 December 2008; that this time he entered Myanmar from Bangkok on 2 May and he was permitted to stay up to 30 May; and that Mr. John William Yettaw answered his questions freely and of his own accord.

In his statement, Deputy Commander of Myanmar Special Branch Police Col Win Naing Tun said that Daw Aung San Suu Kyi before court was under restriction according to the Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts, restriction order and prohibition order; that as for the restriction order, out of the fundamental rights prescribed in the constitution, the ones prescribed in the sections 148 (c), 157, 158, 159 (A) (B) and 160 had been restricted; that according to those restrictions, Daw Aung San Suu Kyi was not allowed to receive, contact and talk to anyone and to give permission to anyone to stay at her house; health and social needs were provided for her in accord with the directives; that in the matters permitted by the State, he himself had to make arrangements to contact Daw Aung San Suu Kyi. After the restriction order against Daw Aung San Suu Kyi, the prohibition order was issued. The prohibitions in the order are : not to contact embassies and political parties and those connected with the political parties, not to go outside except the house and not to contact outsiders by post, by telegram or by phone. The prohibition order was issued again after the order was expired. Though the prohibition order was issued again, the restriction order remained in force, he said.

When asked whether Daw Aung San Suu Kyi violated the restriction order by U Nyan Win, Lawyer of Daw Aung San Suu Kyi, he said she violated the fact that she was ordered not to contact outsiders by post or by phone. As she accepted books and documents from outside, she violated the prohibition.

Afterwards, according to the Criminal Case No 47/2009, lawsuit was filed against Daw Aung San Suu Kyi under section-22 of the Law to Safeguard the State Against the Dangers of those Desiring to Cause Subversive Acts; against Daw Khin Khin Win under section-22 and section-109 of that law; against Ma Win Ma Ma (a) Ange Lay under section-22 and section-109 of that law and against Mr. John William Yettaw under section-22 and section-109 of that law. They pleaded not guilty.

Afterwards, in Criminal Case No 48/2009, lawsuit was filed against Mr. John William Yettaw under section 13 (1) of the 1947 Immigration Act (Emergency Provisions); and in Criminal Case No 49/2009, lawsuit was filed against him under section-28 of Yangon City Municipal Act, and he pleaded not guilty.

The proceedings are adjourned until 10 a.m. on 25 May.