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.

An ex-convict businessman says that he gave the State Counsellor more than $550,000 in cash when ‘there was no one around.’ 

Published on Mar 18, 2021
Maung Weik (first from left) is pictured near State Counsellor Aung San Suu Kyi at the opening ceremony of a government housing built by his Say Paing Company. (Maung Weik/ Facebook)

The military council announced on March 17 that it would attempt to charge State Counsellor Daw Aung San Suu Kyi, who has been detained since Myanmar’s February 1 coup, with corruption.

The junta’s move is linked to new allegations against Aung San Suu Kyi by businessman Maung Weik. The owner of the Say Paing construction and development company, Maung Weik was formerly imprisoned on drug charges and is known to have close relationships with members of the military’s inner circle.  

Military-run media aired a recorded statement made by Maung Weik alleging that he had given Aung San Suu Kyi more than US$550,000 in cash-filled envelopes on the four occasions he met her between 2018 and 2020. 

“There was no one around when I gave her the money,” he said in the video statement. 

Under Myanmar’s earlier military regime, Maung Weik maintained ties to several generals, including former intelligence chief Khin Nyunt.

He was sentenced to 15 years in prison on drug charges in 2008, but was released in 2014 while the country was led by the military-backed Union Solidarity and Development Party.  

Upon his release, Maung Weik founded Say Paing–a construction company–and ran various business ventures through his connections to military officials.  

Maung Weik’s wife is also the niece of military-appointed Vice President Myint Swe, who was also the former chief minister of Yangon under the former military administration. 

The coup council announced on March 11 that the now-ousted National League for Democracy’s (NLD) Yangon Region chief minister Phyo Min Thein had given Aung San Suu Kyi $600,000 and more than 11 kilograms of gold. The announcement provided no reason as to why the money and gold were allegedly given to the State Counsellor by the chief minister. 

A top NLD figure told Myanmar Now that the funds in question were donations to build a pagoda. 

“They’re trying to fabricate this and ruin [Aung San Suu Kyi’s] reputation, but the public already clearly knows it’s not true. There’s no need to say anything else,” the official said. 

The junta has also accused the Daw Khin Kyi Foundation and an affiliated project, the La Yaung Taw Academy, of losing public funds. The foundation was founded by Aung San Suu Kyi and named after her late mother. 

According to the military council, the land lease for the Daw Khin Kyi Foundation’s headquarters, located on Yangon’s University Avenue, is not commensurate with the market price for land in the area. It argues that the country had lost more than 1 billion kyat (more than $700,000) in public funds as a result.

The junta declared that from 2013 to 2021, more than $7.9 million in donations from foreign NGOs, INGOs, companies and individual international donors flowed into the foundation’s three foreign currency accounts.

Also under investigation by the junta is the La Yaung Taw Academy in Naypyitaw, which trains young people in environmental conservation and horticulture in association with the Daw Khin Kyi Foundation. The military said the rate at which the land for the project was purchased came at a discount of at least 18 billion kyat (more than $12.7 million), which was subsequently a loss to the state. 

It also reportedly included some plans—such as the construction of a museum—that used funds in a way that strayed from the project’s, and the Daw Khin Kyi Foundation’s, original aims.

“The construction of a building with finance from the foundation for the chair of the foundation has deviated from the foundation’s objective,” the March 17 announcement in the military-run newspaper said. 

Prior to the corruption allegations, the military council had hit Aung San Suu Kyi with four charges at the Zabuthiri Township court in Naypyitaw.

She has been accused of violating Section 505(b) of the Penal Code for incitement, which carries a sentence of two years in prison; Article 67 of the communications law for possession of unauthorized items; an import-export charge for owning walkie-talkie devices; and a charge under the Natural Disaster Management Law for not following Covid-19 measures during the 2020 election campaign period.

The military council has not allowed Aung San Suu Kyi to meet with her legal team. 

“I’ll most likely see her via video conferencing on March 24 for the next hearing,” lawyer Min Min Soe told Myanmar Now. 

The military council has only allowed lawyers Yu Ya Chit and Min Min Soe to take on Aung San Suu Kyi’s case, ignoring the requests of more established legal experts, including Khin Maung Zaw and Kyi Win, to be granted power of attorney.

 

 

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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A month and a half after the military seized power, most banks in Myanmar are barely operating

Published on Mar 18, 2021
People queue in front of a KBZ Bank branch in Yangon on March 17. (Supplied) 

Banking in Myanmar has come almost to standstill in the more than six weeks since the February 1 coup, with only basic services still available at a limited number of locations.

In the commercial capital Yangon, only a handful of branches of two of the biggest domestic banks, KBZ and AYA, remain open, according to customers.

As of Wednesday afternoon, every bank in the city’s Yankin, Tamwe, Bahan, Thingangyun and South Okkalapa townships appeared to be closed, Myanmar Now found in an effort to confirm these reports.

However, a customer who had used the AYA Bank branch on Sayarsan road in Yankin said it was still open for withdrawals.

Meanwhile, services in other cities were even more restricted.  In Mawlamyine, the capital of Mon state, local sources said there was only one KBZ Bank branch still in operation on Wednesday, while all banks were reportedly closed in Bago. 

While some banks continue to fill ATMs with cash, few other services are available, bank employees said. 

Unhappy customers

Large crowds have been reported at some of the few branches in Yangon that are still dispensing cash, occasionally resulting in tensions between staff and customers.

“At the KBZ Bank headquarters on Pyay road, they were writing down people’s names and phone numbers as the crowd got bigger. They said they would get back to us,” said Aye Aye Phway, a customer who was seeking to withdraw money.

KBZ Bank came under fire on Tuesday when four of its customers were arrested following a dispute with bank staff. 

On Wednesday, the bank released a statement denying that it had called the police, as alleged by some who criticized its handling of the incident. It also said that it would assist the customers who had been detained.

According to the junta-controlled broadcaster MRTV, the customers were arrested for pressuring bank staff to take part in the Civil Disobedience Movement (CDM) against military rule.   

Pressure from above

A month after many of their employees joined the CDM, privately-owned banks have come under growing pressure from the junta to reopen for business.   

Banks that haven’t reopened have been instructed to turn over all of their customers’ information to the state-owned Myanma Economic Bank or one of two military-owned banks, Innwa Bank or Myawady Bank. 

The Central Bank of Myanmar would not be responsible for the consequences if banks failed to abide by this demand, the regime warned.

The regime originally issued this order, through the Central Bank, on March 8, to no avail. Despite repeating it again on Wednesday, the situation remains unchanged.

Currently, private banks are required to allow regular customers to withdraw 500,000 kyat per day from ATMs or 2,000,000 kyat per week if they appear at the bank in person. 

Companies are permitted to withdraw 20 million kyat at a time, according to Central Bank instructions issued on March 1.

Myanmar has 27 private banks and 17 branches of foreign-owned banks.

Editor's note: This article has been edited to include KBZ Bank's statement on the arrest of four of its customers on Tuesday and the state-owned broadcaster MRTV's claims about the incident.

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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Some of those released were made to sign a statement confirming military allegations of electoral fraud in their respective townships, an official said.

Published on Mar 18, 2021
An election official shows a ballot for verification in Yangon’s Kyauktada Township on November 8 (Myanmar Now)

The military regime on Wednesday released all election sub-commission members who were detained following last month’s coup, state and township level election officials said.

The coup regime detained the state, regional and township-level sub-commission members on February 11, ten days after it seized power, and tried to justify the move with unsubstantiated claims of fraud during Myanmar’s 2020 general election. 

They members were released on Wednesday morning, confirming rumours on Tuesday that they would be freed.

State and regional commission members were detained at divisional military headquarters, while township level members were detained at guest quarters inside battalion bases.

Some members of township-level sub-commissions were made to sign a statement before their release confirming the military’s findings about voting irregularities in their areas during the November 8 poll, said a chair of a state-level sub-commission who asked not to be named.

But one member of a township sub-commission denied that they had to sign such a statement.

Kyi Myint, chair of the Yangon Region sub-commission, said that the military didn’t ask him to sign anything and there was no interrogation. 

“We were summoned and asked to take a rest,” Kyi Myint said.

He added that he didn’t know why the military had allowed them to go home. Nor did he know the situation of members of the union-level commission who were also detained.

Kin Khanh Pawng, chair of the township sub-commission in Kale, Sagaing, was detained in mid-February and was among those released on Wednesday. He said he was called in to help with data and paperwork.

“I had to help them find the data they wanted to see,” he said.

A new union election commission body was formed a day after the military seized state power and arrested civilian leaders on February 1.

The new commission met with 53 political parties on February 26 and officially annulled the results of the 2020 general election.

Another 38 registered parties did not attend that meeting. They include the Shan National League for Democracy, the Democratic Party for a New Society, and the People's Party.

 

 

 

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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