Saturday, October 07, 2006

Chea Vichea's case postponed: Judge had diarrhea from fear of pronouncing his judgment?

Born Samnang, center, and Sok Sam Oeun, right, surrounded by relatives exit a courthouse following their appeal hearing, Friday, Oct. 6, 2006, in the capital Phnom Penh, Cambodia. (Photo: AP)

Saturday and Sunday, October 7-8, 2006
Judge's Illness Postpones Chea Vichea Murder Appeal Hearing

By Prak Chan Thul
THE CAMBODIA DAILY


The much anticipated Appeal Court hearing of the two men convicted—many believe wrongly—of the 2004 killing of union leader Chea Vichea was postponed on Friday because a judge had diarrhea, officials said.

To a packed courtroom of relatives, human rights workers and journalists, Judge Saly Theara told the convicted men, Bom Samnang and Sok Sam Oeun, that they would be going back to prison and their hearing cancelled because Judge Samreth Sophal had called in sick.

Contacted by telephone, Samreth Sophal, one of the three Appeal Court judges that reviews cases, said he developed a bad case of diarrhea after eating dinner on Thursday night.

"I've got diarrhea," he said. "I could not attend because I ate the wrong food and it gave me a stomach ache," he added.

There were emotional scenes as the two suspects, shouting their innocence and appealing to King Norodom Sihamoni for help, were bundled out of the courtroom by prison officers as wailing friends and relatives tried to touch them.

"I did not kill Chea Vichea," Bom Samnang shouted as he was dragged by guards in one direction and his girlfriend tried to embrace him.

"Samdech Sihamoni, Samdech Sihanouk, Samdech Hun Sen, Samdech Heng Samrin, please help your children," he shouted.

"The criminals Heng Pov, Hun Song and Ly Rasy were the ones," he added.

Former Phnom Penh Police Chief Heng Pov led the investigation of Chea Vichea's killing and within days had arrested Born Samnang and Sok Sam Oeun.

Former Toul Kok district police chief Hun Song, an ally of Heng Pov, is current at large and wanted for the alleged killing of a man in police custody.

Former Phnom Penh minor crime deputy chief Ly Rasy, another lieutenant of Heng Pov, was recently convicted of killing a woman in police custody and assassinating a judge.

Heng Pov, who has been on the run for months, told a French magazine in August that he did not believe that Born Samnang and Sok Sam Oeun were guilty and that he had been ordered to charge them by National Police Chief Hok Lundy.

Interior Ministry officials have called Heng Pov's allegations outlandish ranting intended to boost his case for asylum overseas.

Born Samnang's mother, Nuon Kimsry, told reporters that her son could not have killed Chea Vichea as he was in Prey Veng province at the time and has many witnesses to prove his innocence.

Chum Sovanly, a legal aid lawyer for Born Samnang, said the court should have provided a replacement for the sick judge and proceeded with the hearing.

Cambodian Defender's Project executive director Sok Sam Oeun—who is not related to the convict with the same name—said he was surprised that the Appeal Court did not have a judge on standby.

"There are a lot of judges, why didn't another judge come to replace [Samreth Sophal]?" Sok Sam Oeun asked. "Maybe they were all busy," he ventured.

Appeal Court Judge Thou Mony, who was the third judge at the cancelled hearing, said that other judges were too busy to fill in.

Thou Mony, who is also a judge on the Khmer Rouge tribunal, denied the judge's absence on Friday was a crude attempt to stall the controversial hearing.

"This case, we want to finish it soon," he maintained.

Amnesty International, Human Rights Watch and the International Confederation of Free Trade Unions all released statements last week condemning the continued incarceration of Born Samnang and Sok Sam Oeun, whom they likened to "scapegoats" for Chea Vichea's killing.

"The case against the two men has been characterized by political interference in an effort to find a scapegoat for the murder," Human Rights Watch wrote in a statement on Tuesday.

Commenting on the forthcoming hearing, Human Rights Watch wrote: "The October 6 appeal court hearing against the two men's convictions will be yet another test of the competence and independence of Cambodia's much-maligned judiciary."

5 comments:

Anonymous said...

this fucking funny man...ONly happen in Cambodia....when a HOT issue need to be addressed, this fucking Judge is having an uncontrollable rectum...(diarrhea), I never heard anything like this before. Like I said only happen in Cambodia.

Fucking Judge.. they all for work Huk Lundy and A Kwak HunSen.

Anonymous said...

Cambodian community has bad name because of these kinds of activities of government officials. I just want to know that only diarrhea, which can take simple medicine to cure it, can make two human lives stay in prison without limits. Small actions made by officials create tremendous issues in society. People around the world know now, judge's diarrhea caused two suspects stay in jail for long more time. I do not know why Cambodian people still think that court is the place to get justice. Why judges are God-like persons in Cambodia should be respected by people?

Anonymous said...

Yep! What do you expect from a Vietcong trained stupid Cambodian officials mother fucker? All these Vietcong trained mother fuckers created the law and order which Cambodian people are lived and died by those law and order!

Cambodian people have the right to know!!!!!!!!

Anonymous said...

he could be easily relieved from the symptoms by taking coca cola or Pepto, yah?. diarrhea lasts only a few minutes before it goes away. -pukeko

Anonymous said...

A matter of life and death is placed on hold because of a diarrhea...what does this say about our system of justice?