Yangon’s Eastern district court is once again pursuing murder charges against three suspects in the 2017 New Year’s Eve beating death of comedian Aung Yell Htwe, nearly half a year after the initial charges were abruptly dismissed by an attorney general since accused of taking bribes.
Than Htut Aung and Pyae Phyo Aung have been charged for a second time with first-degree murder under Section 302 (2) of the Myanmar Penal Code. Kyaw Saw Han, meanwhile, is again being charged under Section 302(2)/114 for aiding and abetting the crime, according to Myanmar Now.
The two accused of murder could potentially face Myanmar’s seldom-used death penalty if found guilty, though the likelihood of their even serving time remains slim, as all three reportedly fled the country after the case was unceremoniously dropped in July.
Last month, a forensic pathologist from Yangon General Hospital testified in court that the late comedian died due to severe head trauma including skull fractures and brain hemorrhaging from blows administered with a blunt object.
Moreover, blood found at the scene of the beating matched blood found on the shoes of the three suspects, who turned themselves into police on Jan. 2 of last year, the same day Aung Yell Htwe died from his injuries.
But the Eastern District Court abruptly dropped the case last year before reviewing CCTV recordings or speaking to police investigators or the pathologist in charge. Yangon Attorney General U Han Htoo said at the time that he had approved the dismissal because there was no solid evidence against the suspects.
Those claims rang hollow with the public as the beating was widely reported to have been committed with multiple witnesses present.
An Anti-Corruption Commission investigation into the case’s dismissal in September yielded charges of corruption and bribe-taking against not only U Han Htoo, but five other court officials accused of taking bribes from Than Htut Aung’s family to drop the case.
President U Win Myint ordered the case to be reopened amid the resultant public outcry.
