Bail granted to monks jailed after monastery raid

 

 

The case came to light following a monastery ownership dispute between the abbot and the governing body for Buddhist monks and the Yangon administration, which led to the June 10 raid and arrest of the five.

In a gesture of support, some 50 monks from various monasteries in Yangon were present at the trial. They include Shwe Nya Wah Sayadaw, Magway Sayadaw U Pamaukkha, U Wirathu. Others included the abbots of Dhamma Thukha Pariyatti, Thathana Seya Mingala, Singapre, Dhamma Linkara, Thathana Mandaing and Mingala Zayyon monasteries. 

Monks, locally known as Mahana Phonegyis, from the government-backed State Sangha Maha Nayaka Committee did not show up.

The monks were charged by plaintiff Sein Maw, head of Yangon Region Religious Affairs Department, for violation of Section 295 (a) 20/90 of the Penal Code.

Sein Maw told the court that the five were indicted at the instruction of the Yangon administration and the state governing body for Buddhist monks. He conceded, however that the instruction did not specifically target the five for religious violations under Section 295 (a).

Representing British monk Sayadaw U Ottara, lawyer Nay La said Sein Maw’s statement meant that the Section 295 offence was not included in the instruction.

“At today’s trial, the head of Yangon Region Religious Affairs Department testified,” said Nay La.

“His statement was found to be contrary to the instruction of the regional government. The things that are not in the instruction have been questioned. There was no cross-examination from both the regional government and the Maha Nayaka committee. The charge happened beyond the instruction. I mean the prosecution has charged the monks under Section 295 (a) which is not in the instruction,” he added.

He then filed the applications for bail of the five, stating that the defendants have been excessively charged, that they remain in the monkhood despite forced defrocking and that keeping them in remand prison would dishearten the public.

The presiding judge approved their temporary release, setting bail at Ks 20 million (US$20,000) each.

The bail was computed on Ks 1 million per offence.

Some 10 disciples put up property as surety for the release of the monks.

Following their release, the five re-ordained at a monastery located in Natchaung quarter of Tamwe Township.

“As we are being tried, the law should protect all citizens. If the court abides by the law, the political situation will be fine. We do not accept false accusations. What I want to say to the ruling monks and their committee is that they should reflect on their action, on whether they are being fair,” said U Ottara.

Combined forces from Religious Affairs Ministry, Yangon Region government, police and State Sangha Maha Nayaka Committee raided Maha Thanti Thukha monastery.

Two days after the June 10 raid, authorities released 16 of 21 detained monks. The following day they forced the remaining five to disrobe before charging and remanding them. The five are seen as disciples of the monastery abbot.

Among the five is Sayadaw U Ottara, 49. He has been a monk for 29 years and has a Master’s in Dhamacaria from Thatthanayanthi monastery in London.

The others are U Panyarsara, 49, also with 29 years in the monkhood. He holds a master’s degree from New Dawei monastery. U Thondarathiri, 33, has been a monk for 13 years and holds a Master’s in MahaDhamacaria from Thaingyon monastery.

The final two are U Nandiya, 29, with 9 years in the monkhood, and U Tayzaneda, 45 with 25 years in monkhood. Both monks also hold degrees. 

The five had ordained as novices before entering the monkhood when they reached the age of 20.

The trial is expected to resume on June 27.