Zeyar Phyo played role of ‘commander’ in Ko Ni’s murder, says prosecution lawyer

The former military officer received five years for falsifying evidence, but lawyer says he played key role in orchestrating murder

Lawyer U Khin Maung Htay who helped in U Ko Ni’s case (Photo by Myanmar Now)

After two years and more than 100 hearings, Ko Ni’s murderers were finally sentenced last week. The gunman, Kyi Lin, got the death sentence, as did Aung Zaw Win, the man accused of hiring him for the killing.

Zeyar Phyo, accused of bankrolling the assassination, received five years for falsifying evidence. But prosecution lawyer Nay La said he will appeal the decision because he was not sentenced for conspiracy to murder despite being charged with that crime.

A fourth man, Aung Win Tun, received three years for harbouring one of the criminals, while a fifth, Aung Win Khaing, has evaded arrest. He has been identified as the alleged mastermind.

Another prosecution lawyer Khin Maung Htay, who has reviewed information provided by over 100 witnesses, says he believes Zeyar Phyo played the role of “commander” in the plot to kill Ko Ni.

 

 

He met with Myanmar Now ahead of last week’s verdict to discuss how the case played out.

Q: Officials have said the motive for this murder was extreme nationalism. After two years of hearings, what is your view on the motive?

 

 

A: It is obvious Kyi Lin is the shooter in this case. U Ko Ni was holding a child at the time of incident. There are pictures of Kyi Lin aiming a gun. After Kyi Lin was arrested, police investigated who was behind the murder. Kyi Lin confessed since the beginning that it was Myint Swe who asked him to commit the crime.

The case was solved because of Ko Aung Soe [a former cellmate of Aung Win Zaw and Kyi Lin in prison]. Ko Aung Win Zaw once tried to hire him to commit a murder in public. When he saw Kyi Lin’s [photo, which went viral in Facebook], he testified it could be Aung Win Zaw who supervised and monitored Kyi Lin. When they rewatched the airport CCTV footage to check if he was telling the truth, they found Kyi Lin and Aung Win Zaw were closed to each other.

It seemed like it was Kyi Lin’s first time at the international airport. So, Aung Zaw Win was walking in front of Kyi Lin to show him the way. It was shown on the CCTV footage. Aung Win Zaw led the way till the exit where U Ko Ni was supposed to come out. Kyi Lin followed behind. We saw that. So, Kyi Lin was closely supervised by Aung Win Zaw. They were together. We realised Myint Swe was Aung Win Zaw.

Kyi Lin was saying till the last moment that he was threatened and forced to commit the murder. But it was obvious from CCTV footage that the crime was premeditated. If he was threatened to make him do the murder, then his job was done after the killing. He didn’t need the gun anymore. He could have dropped the gun and left. If only he dropped the gun after his job was done, Ko Nay Win [a taxi driver who pursued him] would not have died. So, it was pretty certain Kyi Lin and Aung Win Zaw were involved. We saw that.

Another thing is Aung Win Khaing [the fugitive] was at the airport two hours before they arrived. We have the telephone records. When we matched the CCTV footage and telephone records, we found Aung Win Zaw and Kyi Lin came because Aung Win Khaing called them. Aung Win Khaing was still at the airport after the incident [but] we didn’t see how he left. So it was obvious the case was premeditated and all three of them were involved in the case. I can’t tell their motive but I am sure it is not for money or personal hatred.

A memorial service to mark the two-year anniversary of Sayar U Ko Ni’s death was held the other day. Sayar Monywa U Aung Shin [a top NLD official] said it was a political assassination because it hindered the progression of the National League for Democracy party. [The home affairs minister said during a press conference] that the youth became extremists because of ultra-nationalist sentiments. What he said could be 95 percent true.

Q: Zeyar Phyo was suspected of supporting the plot financially but he pleaded not guilty. What was his role in the case?

It became apparent that Ko Aung Win Khaing and Zeyar Phyo were quite close. The question is to what extent? We think Ko Aung Win Khaing, U Lin Zaw Htun [a USDP MP and former assistant to the military commander-in-chief] and Zeyar Phyo are birds of a feather. Ko Zeyar Phyo said the two were his friends but maintained they were neither business partners nor close friends, that they just knew each other. So we have to see the reason why these three joined hands.

[Aung Win Khaing, who] was said to have no business or social connections [with Zeyar Phyo] came to his office in Nay Pyi Taw to burn and destroy evidence supposedly related to the case.

Ko Zeyar Phyo’s staff helped him at that time. These people had no relationship with Ko Aung Win Khaing. They were Ko Zeyar Phyo’s right hand men. We see in this case that Ko Aung Win Khaing was the boss and ordered the other three around. Where did he get this authority over them? I think he got it from Ko Zeyar Phyo.

Ko Zeyar Phyo and Ko Aung Win Khaing had been contacting each other on the phone until 28 January 2017. Police and the prosecution said this was related to the crime, but the defendants denied this and asked if the prosecution had any proof. After they admitted they had contacted each other, they wouldn’t say what they had talked about. Since they couldn’t be honest, [I think] their relationship was related to the crime.

Ko Aung Soe was told there was 100 million kyat to cover expenses [when he was approached to carry out a murder]. It is clear now what Aung Win Khaing, Aung Win Zaw and Kyi Lin got. They had enough money to use. Who provided the money? Ko Aung Win Khaing didn’t have that much money. It came from a source with good cash flow; it was Zeyar Phyo that gave the financial support.

The police chief said [during the press conference] that Zeyar Phyo was the supporter and accomplice, and that was correct. If I have to say what I think, Zeyar Phyo was the commander. He wasn’t at the airport at the time of incident. Right! A commander doesn’t need to be at the airport. A company director can oversee his business from home or hospital or anywhere in the world, if he has a phone or a computer. He didn’t need to be at the place of incident, and he was able to give direction about what to do. He gave directions until the 28th.

Another thing is Ko Zeyar Phyo’s alibi [which showed he was at another place at the time of incident]. He knew when it would happen. So he went shopping. That’s the alibi. He entered monkhood the next day. After Kyi Lin was arrested, three more people were charged. One went to Hpa-an. Another went to Nay Pyi Taw and one entered the monkhood. Don’t you think it could be that they went into hiding to evade arrest?

Q: Will the case be resolved when these people are sentenced?

The case was opened by police but the investigation ended at Zeyar Phyo. No one has been charged after Zeyar Phyo. But if you knew the details, you could probe more. They said a group of young people became ultra-nationalists because they thought and talked about nationalism too much. So there could have been discussions on nationalism. They could have had supporters. We could say who would have been the likely supporters.

But it was found that before leaving for Nay Pyi Taw, Ko Aung Win Khaing visited his friend U Lin Zaw Htun  and gave him 1 million kyats because he didn’t have money to use. Then, Ko Aung Win Khaing went to Nay Pyi Taw, and met the people he wanted to meet. Then he disappeared. We still can’t find him. So it is certain he is involved in the case.

Another thing is an assassination like that can’t be done without money. Since it was carefully planned, where did the money come from? We have the information that Ko Zeyar Phyo gave lots of financial support. I don’t know how the court sees the facts, so the case ends here.

Police tried to get solid evidence to speed up the case. We questioned 72 plaintiff’s witnesses and 40 defendant’s witnesses. There were about 100 hearings. We questioned 112 witnesses within that time. The hearings were done efficiently in a reasonably short time. This is the best investigation we’ve ever had. I’ve worked as a lawyer since 1980. I think this investigation is the fastest and the most truthful in 40 years.

Those arrested include a BBC reporter and a former Mizzima correspondent. 

Published on Mar 19, 2021
Photojournalists take cover near the entrance of a monastery where military supporters gathered to attack protesters and media in Yangon on February 18 (EPA-EFE/LYNN BO BO)

A BBC journalist and a former Mizzima News reporter were arrested by men believed to be plainclothes officers in Naypyitaw on Friday afternoon, a family member confirmed.

BBC Burmese journalist Aung Thura was in front of the Dekkhina District court to report on a hearing for National League for Democracy patron Win Htein when he was arrested. Former Mizzima correspondent Than Htike Aung was with him at the time of the arrest.

No further details of the arrest or the reporters’ detention were known at the time of reporting, according to Aung Thura’s relative. 

“I saw some plainclothes officers dragging away a person in trousers into a car,” lawyer Min Min Soe, who was near the court at the time, told Myanmar Now. The man she saw is believed to be Than Htike Aung.  

“Two other officers in plainclothes were hassling another individual in a paso [traditional sarong for men] and glasses,” she said, referring to Aung Thura. “It was quite a scene so I don’t know what happened next.”

BBC News issued a statement on Friday afternoon saying that they are "doing everything [they] can" to find Aung Thura, who they described as being taken away by unidentified men.

“We call on the authorities to help locate him and confirm that he is safe,” the statement said.

As of March 16, a total of 38 journalists had been arrested or targeted for arrest since the February 1 coup. The latest arrests of the BBC and former Mizzima journalists push this number up to 40.  

Only 22 of these reporters have been released. Ten journalists have been charged with violating Section 505(a) of the penal code, which has been used against people who are seen as causing fear, spreading fake news, or agitating government employees. Under recent amendments to the law, the charges come with a three-year prison sentence if convicted.

Online news website The Irrawaddy has also been charged by the junta as violating the same statute for showing “disregard” for the armed forces in their reporting of the ongoing anti-regime protests.

Five publications, including Myanmar Now and Mizzima had their offices raided and their publishing licenses revoked earlier this month by the regime.

Editor's note: This story was updated to include the BBC's statement, which was not available at the original time of publishing.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The offensives come in the wake of deadly crackdowns against anti-coup protesters in Myitkyina 

Published on Mar 18, 2021
A KIA soldier watches from an outpost in Kachin state in this undated file photo (Kachinwave) 

The Kachin Independence Army (KIA) launched attacks against police bases in the jade mining region of Hpakant on Thursday morning, a local resident told Myanmar Now. 

The attacks targeted police battalions where soldiers were stationed near Nam Maw village in the Seik Muu village tract.

“There are Myanmar police battalions around Nam Maw,” a resident said. At least three bases were attacked, he added. 

A 41-year-old civilian in Seik Muu village injured his left hand during the clash, the Kachin-based Myitkyina News Journal reported.

The KIA has launched several offensives against the coup regime’s forces recently. Fighting has also been reported in Mogaung and Injangyang this month. 

Some 200 people fled the Injangyang villages of Gway Htaung and Tan Baung Yan on Monday after the KIA launched an offensive against the military there. 

The offenses began in the wake of deadly crackdowns against anti-coup protesters in Myitkyina. The KIA has warned the junta not to harm anti-coup protesters. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The coup regime’s forces took the injured people away and locals do not know their whereabouts 

Published on Mar 18, 2021
Kalay residents move the body of a man who was shot dead on Wednesday (Supplied) 

Four young men were killed and five people were injured in the town of Kalay in Sagaing region on Wednesday as protesters continued their fight to topple the regime despite daily massacres across the country aimed at terrorizing them into submission. 

The Tahan Protest Group gathered in the town at around 10am and police and soldiers began shooting. One young man was shot dead on the spot as he tried to help people who were trapped amid gunfire, residents told Myanmar Now.   

The regime’s forces also shot at and chased fleeing protesters along roads and through narrow alleys, a resident said.

“The crowd of protesters dispersed but one person was shot dead while trying to rescue those trapped in the protest site,” the resident added. 

As the crowd dispersed, a man riding a motorcycle was shot outside a branch of KBZ Bank. “He also died,” the resident said. 

Despite the murders, protesters gathered again in the afternoon around 4pm. Police and soldiers started shooting again and killed two people. 

“They were shot dead while trying to set up barricades at the protest site. They were shot while trying to obstruct the army’s way as the army troops chased and shot the trapped protestors,” the resident said. 

The two who were killed in the morning were identified as Salai Kyong Lian Kye O, who was 25, and Kyin Khant Man, who was 27 and had three children. The identities of the other two have not yet been confirmed.

Five people were also injured and then taken away. Locals said they did not know where they had been taken.   

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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