Cambodians Born Samnang (2nd R) and Sok Samoeun (2nd L) are escorted by police to the appeal court in Phnom Penh October 6, 2006. Two Cambodians who human rights groups say were framed for the 2003 murder of a prominent union leader called on the King on Friday to quash their conviction after the surprise postponement of their appeal hearing. REUTERS/Chor SokuntheaFriday October 6, 2006
DPA
Phnom Penh- A man human rights groups has claimed was falsely convicted in the shooting of a prominent unionist on Friday wept and blamed a disgraced former police chief for the crime as he was led away after his appeal hearing was postponed. Born Samnang and Sok Sam Oeun were appealing against their 20-year sentences handed down by a lower court which found them guilty of the January 2004 shooting murder of union leader Chea Vichea.
However, the Cambodian Appeals Court adjourned the case to a new date which has not yet been set after presiding judge Saly Theara announced one of the three appeals judges was unable to attend due to illness.
Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) president Chea Vichea was gunned down as he read the morning newspaper on a busy Phnom Penh street. Samnang and Sam Oeun were convicted of the murder in 2005 in a Phnom Penh Municipal Court hearing decried by rights groups and Vichea's family, friends and supporters as a sham.
Vichea's family refused to accept compensation awarded as part of the sentence, calling it blood money.
"Please release me. I appeal to King Norodom Sihamoni, King Father Norodom Sihanouk and Prime Minister Hun Sen, please help me. Release me. I did not kill Chea Vichea as they accuse me," a weeping Samnang yelled to reporters from the prison van to transport him back to Prey Sar prison.
"The murder was organized by Heng Pov, Ly Rasy and Hun Song," he added, referring to the disgraced former Phnom Penh police chief Pov, his accomplice and former deputy chief of the minor crime office Rasy, and the former Toul Kork district police chief Song, who is no relation to the prime minister.
Last month Pov, who fled the country to escape charges including murder and kidnap, was sentenced to 18 years in absentia for masterminding the 2003 murder of senior judge Sok Sethamony. Rasy was sentenced to 16 years in connection with the same crime. Song fled prior to any charges being laid against him and remains at large.
Human rights groups have demanded the appeals court overturn the sentence against Samnang and Sam Oeun, saying the lack of witnesses and forensic evidence presented in the lower court case, in conjunction with allegations of police torture to extract confessions and the fact the men had multiple alibis placing them far away from the scene at the time of the shooting, made it almost certain that the men were innocent scapegoats.
They have also called on the Cambodian government to reopen the investigation and find the real killers.
Outside the court, Samnang's lawyer Chum Savannaly maintained his client's innocence, and Samnang's grandmother, You Yon, 65, said she had doubts about the real reasons for the adjournment.
"I came here today with the hope of seeing my grandson set free but unfortunately the court has delayed. I can't know if the judge is really ill or not," she said.
The case has created a public storm, with rights groups claiming the verdict will be a test of the impartiality and independence of Cambodia's much criticized judicial system, which has repeatedly been denounced by donors as subject to political influence and corrupt.
However, the Cambodian Appeals Court adjourned the case to a new date which has not yet been set after presiding judge Saly Theara announced one of the three appeals judges was unable to attend due to illness.
Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) president Chea Vichea was gunned down as he read the morning newspaper on a busy Phnom Penh street. Samnang and Sam Oeun were convicted of the murder in 2005 in a Phnom Penh Municipal Court hearing decried by rights groups and Vichea's family, friends and supporters as a sham.
Vichea's family refused to accept compensation awarded as part of the sentence, calling it blood money.
"Please release me. I appeal to King Norodom Sihamoni, King Father Norodom Sihanouk and Prime Minister Hun Sen, please help me. Release me. I did not kill Chea Vichea as they accuse me," a weeping Samnang yelled to reporters from the prison van to transport him back to Prey Sar prison.
"The murder was organized by Heng Pov, Ly Rasy and Hun Song," he added, referring to the disgraced former Phnom Penh police chief Pov, his accomplice and former deputy chief of the minor crime office Rasy, and the former Toul Kork district police chief Song, who is no relation to the prime minister.
Last month Pov, who fled the country to escape charges including murder and kidnap, was sentenced to 18 years in absentia for masterminding the 2003 murder of senior judge Sok Sethamony. Rasy was sentenced to 16 years in connection with the same crime. Song fled prior to any charges being laid against him and remains at large.
Human rights groups have demanded the appeals court overturn the sentence against Samnang and Sam Oeun, saying the lack of witnesses and forensic evidence presented in the lower court case, in conjunction with allegations of police torture to extract confessions and the fact the men had multiple alibis placing them far away from the scene at the time of the shooting, made it almost certain that the men were innocent scapegoats.
They have also called on the Cambodian government to reopen the investigation and find the real killers.
Outside the court, Samnang's lawyer Chum Savannaly maintained his client's innocence, and Samnang's grandmother, You Yon, 65, said she had doubts about the real reasons for the adjournment.
"I came here today with the hope of seeing my grandson set free but unfortunately the court has delayed. I can't know if the judge is really ill or not," she said.
The case has created a public storm, with rights groups claiming the verdict will be a test of the impartiality and independence of Cambodia's much criticized judicial system, which has repeatedly been denounced by donors as subject to political influence and corrupt.
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