The Australian
12-06-2006
AN investigation has been launched into possible Federal Government links to a Cambodian group accused of paying girls to make allegations of sexual abuse, which were later withdrawn, against Australian teacher Clint Betterridge.
Justice Minister Chris Ellison ordered an inquiry after denying the Cambodian Government a three-year-old request to extradite Betterridge, who was convicted in absentia in 2003 and sentenced to 10 years' jail. Betterridge, who has always protested his innocence and fled to Australia three days before his trial, was released from a Queensland jail on Friday night amid concerns he would be denied justice and tortured in Cambodia.
The Grafton-born teacher, 38, was released on the same day a Cambodian Court of Appeal upheld his conviction on charges of raping a 14-year-old girl and molesting three other teenagers, despite all of them retracting their original testimony at the appeal hearing earlier this month. Nine girls told the Phnom Penh appeal that the Cambodian Women's Crisis Centre had coerced them, with threats and money, to testify against Betterridge and his co-accused, fellow Australian Bart Lauwaert.
But none of the complainants received any payouts after the original trial.
Senator Ellison said one of the reasons behind his decision not to extradite Betterridge was the Cambodian Government's failure to respond to his request for a retrial. "The girls in this case have recanted their allegations ... and we could not secure assurances from the Cambodians that Betterridge be allowed a retrial and given an opportunity to offer a defence," he said.
Asked about allegations that the CWCC had received AusAID funding, Senator Ellison said he had yet to be given the "definitive word on that".
"But I have asked my department to make inquiries on that, and that is under way," he said.
Betterridge is understood to have been placed on suicide watch after learning on Friday that he had lost his appeal. He was freed hours later.
In a statement, his family said Betterridge was suffering from mental exhaustion and wanted to fight the allegations, although he believed he had no legal avenue to do so.
"He is pleased to have some justice, but disappointed that he will probably never get a legal mechanism to clear his name," the statement said. "He had no faith in the Cambodian legal system, and that he would be able to defend himself, which is why he came back to Australia expecting to be tried here under the sex tourism laws."
The Cambodian Government and prosecutors refused to comment on the decision of Senator Ellison, taken despite the Howard Government passing legislation in 2003 to allow the extradition of Betterridge.
From his prison cell in Phnom Penh, Lauwaert reportedly said he hoped Betterridge's release would help his appeal to the Supreme Court. "There is no evidence against me," he said.
"The girls have all admitted they were tricked into lying for money. I am very happy for Clint and all I can do is wonder why I am still here."
UN High Human Rights Commissioner Louise Arbour said judicial reform was the "single most important area in which Cambodia needed to make progress".
Cambodia's judges lacked training, integrity and independence, she said last month.
Justice Minister Chris Ellison ordered an inquiry after denying the Cambodian Government a three-year-old request to extradite Betterridge, who was convicted in absentia in 2003 and sentenced to 10 years' jail. Betterridge, who has always protested his innocence and fled to Australia three days before his trial, was released from a Queensland jail on Friday night amid concerns he would be denied justice and tortured in Cambodia.
The Grafton-born teacher, 38, was released on the same day a Cambodian Court of Appeal upheld his conviction on charges of raping a 14-year-old girl and molesting three other teenagers, despite all of them retracting their original testimony at the appeal hearing earlier this month. Nine girls told the Phnom Penh appeal that the Cambodian Women's Crisis Centre had coerced them, with threats and money, to testify against Betterridge and his co-accused, fellow Australian Bart Lauwaert.
But none of the complainants received any payouts after the original trial.
Senator Ellison said one of the reasons behind his decision not to extradite Betterridge was the Cambodian Government's failure to respond to his request for a retrial. "The girls in this case have recanted their allegations ... and we could not secure assurances from the Cambodians that Betterridge be allowed a retrial and given an opportunity to offer a defence," he said.
Asked about allegations that the CWCC had received AusAID funding, Senator Ellison said he had yet to be given the "definitive word on that".
"But I have asked my department to make inquiries on that, and that is under way," he said.
Betterridge is understood to have been placed on suicide watch after learning on Friday that he had lost his appeal. He was freed hours later.
In a statement, his family said Betterridge was suffering from mental exhaustion and wanted to fight the allegations, although he believed he had no legal avenue to do so.
"He is pleased to have some justice, but disappointed that he will probably never get a legal mechanism to clear his name," the statement said. "He had no faith in the Cambodian legal system, and that he would be able to defend himself, which is why he came back to Australia expecting to be tried here under the sex tourism laws."
The Cambodian Government and prosecutors refused to comment on the decision of Senator Ellison, taken despite the Howard Government passing legislation in 2003 to allow the extradition of Betterridge.
From his prison cell in Phnom Penh, Lauwaert reportedly said he hoped Betterridge's release would help his appeal to the Supreme Court. "There is no evidence against me," he said.
"The girls have all admitted they were tricked into lying for money. I am very happy for Clint and all I can do is wonder why I am still here."
UN High Human Rights Commissioner Louise Arbour said judicial reform was the "single most important area in which Cambodia needed to make progress".
Cambodia's judges lacked training, integrity and independence, she said last month.
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