June 4, 2022
Washington – Myanmar court says Suu Kyi election fraud trial can continue.
The army seized power from Suu Kyi’s elected government in February last year, saying there was widespread fraud in the 2020 general election. Its allegation was not corroborated by independent election observers.
Suu Kyi’s National League for Democracy party won the election by a landslide, while the military-backed Union Solidarity and Development Party suffered huge losses.
A conviction in the election fraud case could lead to Suu Kyi’s party being dissolved and unable to participate in a new election the military has promised will take place in 2023.
Suu Kyi has already been sentenced to 11 years in prison after being convicted on charges of illegally importing and possessing walkie-talkies, violating coronavirus restrictions, sedition and a corruption charge.
The cases are widely seen as having been concocted by the military to discredit 76-year-old Suu Kyi and keep her from actively returning to politics.
A court in the capital, Naypyitaw, is hearing multiple charges against Suu Kyi and several colleagues, including the electoral fraud charge.
According to Myanmar law, a judge can order an end to a trial after the prosecution has presented its case if it doesn’t have merit. This first phase is roughly similar to a grand jury process in Anglo-American law. If the judge finds the prosecution case credible, the trial continues into a second phase in which the defense presents its case and a verdict is delivered.
The legal official said the defense lawyers requested that three prosecution witnesses be recalled for re-examination before the court starts to hear the defense arguments.
After last year’s military takeover, the newly appointed head of the Election Commission said his agency would consider dissolving Suu Kyi’s former governing party for alleged involvement in electoral fraud. He said the party had worked illegally with the government to give itself an advantage at the polls.
The commission also warned that Suu Kyi’s party would be disbanded if the party did not submit its financial accounts and expenses for inspection. The commission announced it was examining political parties to see whether they were maintaining and using party funds in accordance with the law.. It has already examined 83 of the 92 political parties.
Khin Maung Oo, a member of the commission, said in April that the examination of the NLD’s books would be delayed because some of the party’s officers had been arrested and others had gone into hiding.
Officials of Suu Kyi’s party who have escaped arrest said in a statement last year that the party does not recognize the military-appointed election commission and its statements are illegal.
Suu Kyi is also being tried on a charge of violating the Official Secrets Act, which carries a maximum sentence of 14 years, and 11 counts of corruption, which carry a maximum sentence of 15 years each.
