Monks urged to rally against prosecution

The defence lawyer of British national Sayadaw U Ottara, one of five monks charged with defaming the religion, urged monks in the country to unite and rally against the prosecution. 

 “The case is about the religion. Therefore it has direct bearing on 500,000 Buddhist monks living in Myanmar. This is a good opportunity to question both the prosecution and the defence so that the truth will come out. I urge all the people to stand united in helping to expose the truth,” Zaw Thein Tun told reporters on Friday.

The third hearing on the Maha Thanti Thukha case took place on Friday, before the Tamwe Township Court would decide to hear the case against the monks. Security was heavier than during the previous hearing and reporters were denied access. All five monks were present at the session, which ran from noon to 4.30pm. Some 50 monks and about one hundred lay people – including Min Ko Naing from 88 Generation Peace and Open Society, as well as film stars – were present.

In June, the five monks were disrobed and put on trial for allegedly violating religious legislation on Sangha Organisations and Section 295 (a) of the Penal Code. After being granted bail on June 20, they resumed the monkhood.

The next trial is scheduled for July 4. Witnesses will be questioned, following testimony by the plaintiff last Friday. 

Then, plaintiff Sein Maw, head of the Yangon Region Religious Affairs Department, outlined the basis for the religious violations allegedly committed by the five monks. In the hearing on June 20, he testified in regard to charges based on the Penal Code. On Friday, his statement focused on provisions related to the Sangha. 

“The court just asked whether the charges were right or wrong. The court will decide whether the defendants should be charged only after questioning witnesses,” said Zaw Thein Tun.

He said he expected the judicial hearing on the justification of charges to last three to four months.

“I asked the plaintiff for evidence of the monks’ violation. The lawyer of the Religious Department is sponsored by the government. It will take about three to four months to complete questioning [on whether the charges are justified],” he added. 

A witness for the plaintiff, Tun Nyunt, director from the Religious Affairs Department, was present at the hearing but did not testify.

Min Ko Naing, of 88 Generation, objected to barring reporters from the hearing. 

“The way the powers-that-be solve problems seems intimidating. The process should be objective instead. Take today’s court hearing as an example. I could listen to the trial and had the feeling that I wanted reporters to hear it. I also asked myself why such a big case is proceeding in a small courtroom. I want transparency. Reporters have the right to know and hear the debate between the lawyers,” he said.

The charges followed a controversial June 10 raid on the Maha Thanti Thukha monastery. At a Ministry of Religious Affairs press conference, President's Office advisor Ant Maung said the monastery raid was carried out because the monks violated religious disciplinary rules and trespassed on the monastery grounds.

The monastery’s abbot, Penang Sayadaw, lashed out at the authorities for the accusation. He said he suspected foul play in the disrobing process and questioned whether it reflected the view of the entire ruling body for Buddhist monks. 

"The Sangha code of conduct office has to determine whether a monk should be disrobed. Depriving monkhood without investigation is against Buddhist teaching, code of conduct and Sangha laws. The incident has caused uneasiness among local and foreign monks. The order of Regional Sangha Maha Nayaka Committee is based on 47 monks in the committee, representing some 500,000 monks. I want to ask them whether their order was really based on the view of all 47 monks," the abbot said after the incident.