Court examines plaintiff, prosecution witnesses in case against Western News

A plaintiff and prosecution witnesses in the case against Ko Wunna Khwar Nyo, editor-in-chief of Western News, and a reporter from the Arakan State-based news outlet who have been charged under Section 124(a) of the Penal Code, were reportedly questioned during a court hearing on February 25. 

By DMG 26 Feb 2022

DMG Newsroom
26 February 2022, Sittwe 

A plaintiff and prosecution witnesses in the case against Ko Wunna Khwar Nyo, editor-in-chief of Western News, and a reporter from the Arakan State-based news outlet who have been charged under Section 124(a) of the Penal Code, were reportedly questioned during a court hearing on February 25. 

A total of four witnesses, including plaintiff Major Phone Myat Kyaw, testified before the Sittwe District Court on Friday, an official from Western News told DMG. 

“The plaintiff and three prosecution witnesses were reportedly examined yesterday. The prosecution witnesses are policemen. We plan to ask the court what the plaintiff is doing in this case. So far, no summons has been sent to us,” said Ko Tun Thar, an assistant editor of Western News

DMG attempted to interview officials from the Sittwe District Court and Sittwe Myoma police station officials about the allegations brought against Western News, but was denied access. 

On December 28, Western News reported that a white flag was seen hoisted on a hill where a Myanmar military battalion was stationed in Paletwa Township, Chin State. Major Phone Myat Kyaw opened a case under Section 124(a) of the Penal Code at the Sittwe District Court. 

Ko Tun Thar, an assistant editor at Western News, said the lawsuit had caused “psychological distress” to staff and hampered their reporting activities. 

“The main problem is that the case against us is a serious one and we cannot get a guarantee. What we are afraid of in such a situation is [disproportionately harsh consequences for] their insignificant actions under the current military dictatorship. Now, if you sue the editor-in-chief and a reporter, we start to worry that it will hurt other employees as well,” he explained. 

Many of the news outlet’s employees have since gone underground, fearing potential arrest. 

Section 124(a) of the Penal Code is a provision on treason that carries with it a maximum sentence of 20 years in prison. 

U Tin Tun Aung, a resident of Paletwa town who was interviewed in the offending Western News story, has been charged under Section 505(a) of the Penal Code, an incitement provision.