Written by Neth Pheaktra and Sebastian Strangio
The Phnom Penh Post
Legal experts say a lot in balance in investigation of SRP lawyer
AN INVESTIGATION into lawyer Kong Sam Onn, who is representing opposition lawmaker Mu Sochua in her defamation suit against Prime Minister Hun Sen, could have a chilling effect on the profession, legal experts warned this week, ahead of a ruling by the Cambodian Bar Association that could see the attorney lose his licence.
While he said it is the Bar's right to initiate proceedings, which had so far been conducted according to the organisation's internal rules, Sok Sam Oeun, executive director of the Cambodia Defenders Project, said the case had to be handled carefully so as not to have a chilling effect on other lawyers.
"If Kong Sam Onn is sanctioned, I think it will affect other lawyers in the country," he said.
"They won't dare to defend or say anything related to high-ranking or powerful people out of a concern they will be sanctioned and lose their professional licence."
Mu Sochua, one of the Sam Rainsy Party's most outspoken members, brought suit against Hun Sen, saying that during a speech in April he had called her cheung klang, a Khmer term meaning "strong leg", which she said can also be a derogatory reference to a woman.
Lawyers for Hun Sen, who is countersuing Mu Sochua, filed a complaint against Kong Sam Onn with the Bar on May 1, asking that he be disbarred for allegedly violating the organisation's code of ethics by saying at a press conference that the prime minister had defamed his client before a court ruling had been made.
"[He] judged and condemned Samdech Prime Minister before his client had sent the complaint to the court," said Ky Tech, the prime minister's attorney.
"According to the law, lawyers don't have the right to make an analysis or a judgment - only the court does."
But the move has been criticised by rights groups and legal experts, who call it political interference in the courts.
Kong Sam Onn said Tuesday that he expected the case would be subject to political influence and that equality before the law would "not be respected" because of the players involved.
"I am confronting a top leader of the government. There is political pressure," he told the Post.
"[I]f I committed a fault then I will find other job. But if the decision is unjust, it will devastate me, not only now but for the rest of my life."
He added that in the event he was disbarred he would take legal action to ensure he is allowed to continue practising.
Ethical obligations
Other legal experts said the ethics of the legal profession obliged lawyers to provide defence counsel to any one who required it - even senior leaders of the Khmer Rouge regime.
"If there is political influence and pressure from other individuals or institutions, it could really have a bad effect on the abilities of the Bar and the profession," said Yeng Virak, executive director of the Community Legal Education Centre, a Cambodian legal aid group.
He said that the Bar Association's involvement with the Khmer Rouge tribunal made it all the more important that its investigation of Kong Sam Onn be carried out transparently.
"I hope that the Bar is really thinking about what it is doing and that they will safeguard their credibility," he said.
But Ky Tech dismissed suggestions of political pressure on the Bar, saying that he was tasked by the prime minister of defending him and would do so according to the law.
"The general opinion is that there is pressure from the government, but I think it is a fabrication. My complaint to the Bar Association will determine whether Kong Sam Onn has acted professionally or not," he said.
"This case will not affect the defence, nor discourage lawyers from carrying out their duties."
Chiv Songhak, president of the Bar Association of Cambodia, could not be reached for comment Wednesday.
AN INVESTIGATION into lawyer Kong Sam Onn, who is representing opposition lawmaker Mu Sochua in her defamation suit against Prime Minister Hun Sen, could have a chilling effect on the profession, legal experts warned this week, ahead of a ruling by the Cambodian Bar Association that could see the attorney lose his licence.
While he said it is the Bar's right to initiate proceedings, which had so far been conducted according to the organisation's internal rules, Sok Sam Oeun, executive director of the Cambodia Defenders Project, said the case had to be handled carefully so as not to have a chilling effect on other lawyers.
"If Kong Sam Onn is sanctioned, I think it will affect other lawyers in the country," he said.
"They won't dare to defend or say anything related to high-ranking or powerful people out of a concern they will be sanctioned and lose their professional licence."
Mu Sochua, one of the Sam Rainsy Party's most outspoken members, brought suit against Hun Sen, saying that during a speech in April he had called her cheung klang, a Khmer term meaning "strong leg", which she said can also be a derogatory reference to a woman.
Lawyers for Hun Sen, who is countersuing Mu Sochua, filed a complaint against Kong Sam Onn with the Bar on May 1, asking that he be disbarred for allegedly violating the organisation's code of ethics by saying at a press conference that the prime minister had defamed his client before a court ruling had been made.
"[He] judged and condemned Samdech Prime Minister before his client had sent the complaint to the court," said Ky Tech, the prime minister's attorney.
"According to the law, lawyers don't have the right to make an analysis or a judgment - only the court does."
But the move has been criticised by rights groups and legal experts, who call it political interference in the courts.
Kong Sam Onn said Tuesday that he expected the case would be subject to political influence and that equality before the law would "not be respected" because of the players involved.
"I am confronting a top leader of the government. There is political pressure," he told the Post.
"[I]f I committed a fault then I will find other job. But if the decision is unjust, it will devastate me, not only now but for the rest of my life."
He added that in the event he was disbarred he would take legal action to ensure he is allowed to continue practising.
Ethical obligations
Other legal experts said the ethics of the legal profession obliged lawyers to provide defence counsel to any one who required it - even senior leaders of the Khmer Rouge regime.
"If there is political influence and pressure from other individuals or institutions, it could really have a bad effect on the abilities of the Bar and the profession," said Yeng Virak, executive director of the Community Legal Education Centre, a Cambodian legal aid group.
He said that the Bar Association's involvement with the Khmer Rouge tribunal made it all the more important that its investigation of Kong Sam Onn be carried out transparently.
"I hope that the Bar is really thinking about what it is doing and that they will safeguard their credibility," he said.
But Ky Tech dismissed suggestions of political pressure on the Bar, saying that he was tasked by the prime minister of defending him and would do so according to the law.
"The general opinion is that there is pressure from the government, but I think it is a fabrication. My complaint to the Bar Association will determine whether Kong Sam Onn has acted professionally or not," he said.
"This case will not affect the defence, nor discourage lawyers from carrying out their duties."
Chiv Songhak, president of the Bar Association of Cambodia, could not be reached for comment Wednesday.
9 comments:
Where is the so-called 'Law Doctoris Theary Seng'? Does she not helping at all?
Doesn't she do anything to ease an opposition party a little pain by giving some QUALITY TIPS to Mrs. Mu Sok Huo's Lawyer?
See that people, only those who talk BIG and LOUD that don't dare to speak up when time has come. I'm truly curious to see how the so-called "Dr Law Theary Seng" is going to show her way?
From a political observer
What the fuck do you want 11:09PM?
Can you fucking do some thing usefull?
You expect people to do every thing for you! And this matter is not deadly situation!
And Theary seng never claimed to be your MOTHER!
Go back to hell so when you borne agai you may know who is your mother, stupid!
What is Hun Xen trying to do?
Is the dog want to have 100% controle over Cambodia just like ah Pol Pot motherfucker?
Can any body see how Cambodian are living under, NOW?
Fuck the justice a la UN!!!!!!
Nothing much than to fuck you ass hole 12:02 AM!!! Oh, I forget to fuck theary seng also...
Firstly, my hat go off to all the Khmer compatriots, scholars, intellectuals, and the Khmers around the world in and outside the Khmer Empire nation, who's tirelesly to helps fought for Khmer Krom to reach our independent in the near future.
Secondly, this coming June the fourth Khmer Krom and Khmer around the world will commemorated and observed the lost of Kampuchea Krom 60th aniversaries. To all Khmer around the world, please help participates in this events by seeking the information from Khmer Krom representative everywhere in your community.
Thirdly, my respectfully goes to the team of KI-Media. So far your team had done a tremendous job for the Khmer benefits and keep up the good works.
Fourthly, to all Khmer abroad please bring back The Fourth Factions or Paris Peace Accord unity strategy models.In the early ninety the only Youn pullout from Cambodia because we Khmers had united. Back then king Seyhanouk had all the power, popularity and was incharged. Every body respected him from Khmer perspective and the international community perspective. If I were him I would use this power and popularity to declare to the world community that the Khmer people still under the supression, aggression of Youn and Seam. In doing so, his reputations and credibility will be installed next to the Great Khmer King Jayavarman VII.
In the case of Kampuchea Krom, if we use this exact models we Khmer will once again liberated Kampuchea Krom from the Youn iron grips.And possibly Khmer Krom can declare their independent or reannexed to Cambodia who knows.
Respectively your,
Khmer Empire
Samall empire????????
I believe that Ky Tech has not informed his client ( Hun Sen ) proprely on how to defense his accusation first before he can make a counter legal procceding. Ky Tech and Kong sam On are in the same right as legal advisor. Usually when you are representing a legal battle for politicians, you are always attracted by media for media attention. It is very normal for these lawyers to go out and said what he has done for his clients. Ky Tech cannot used his influence from Hun sen to remove Kong sam On license at all. A legal profession can have their license be removed from Law society when you have stolen your clients moneys, you have kiled someone and not because you dare to file a legal procceeding against a Prime Minister at all. It is about thread and oppression. Areak Prey
What's political observer? may your bad intention chock on you!
Cheap kind of animal will alway animal!
បើអ្នឯងនៅក្រៅស្រុកកុំជ្រួលជ្រើមខាងទំនាស់
ពេកលោកហុនសែនមិនមែនមនុស្សសម្មាញ់ទេ
ចង់ប្តឹងក៏ប្តឹងទៅចង់ធ្វើយ៉ាងណាក៏ធ្វើស្រេចតែចិត្ត
មិនបានទេ។ប្រជាជនរាប់លាននាក់ដែលគាំទ្រគាត់
ហើយបរទេសក៏ច្រើនដែរ។តើពួកអ្នកឯងទាំងអស់
គ្នាគិតថាលោកហុនសែនដួចសេដាមហូរសេនឬ?
លោកហុនសែនមិនដួចប្រធានាធិបតីអេរ៉ាក់ទេសូម
កុំយល់ច្រឡំឲ្យសោះ។បើជនណាមួយធ្វើឲ្យប្រទេសខ្មែរខ្លាយទៅជាអសិ
ថេរភាពជននោះឈ្មោះថាក្បត់ជាតិហើយ។
តើអស់លោកដឹងដែរទេអ្នកក្បត់ជាតិត្រូវធ្វើយ៉ាង
ណាខ្លះ។សូមកុំអាងប្រទេសយ៉ូរ៉ុបឬក៏អាមេរិកាំងជួយឲ្យ
សោះប្រហែលអង្ការសហប្រជាជាតិលោក
ហុនសែនដេញមិនឲ្យនៅប្រទេសកម្ពុជាផង
តើអ្នកឯងអាងអី។សូមកុំធ្វើឲ្យជ្រុលពេកប្រយ័ត្ត
អស់ការធ្វើនៅស្រុកខ្មែរ។សូមអរគុណ។
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