| Written by Meas Sokchea | |
| Wednesday, 06 May 2009 |
Comment: in Cambodia, when you want to sue a powerful man like PM Hun Sen, not only you who may lose the case, but your lawyer will probably be disbarred and explicitly intimidated. We are so happy that the real skin of a dictator has gradually appeared to the world while the Cambodian public has stayed calm. The world is overwhelmingly paying attention to a Cambodian woman who dare to stand up to legally face with a dictator in order to seek justice for millions of the weak and the victims!
PM's defamation complaint could lead to disbarment.
Photo by: Sovann Philong
Mu Sochua at the press conference at which she announced plans to sue Hun Sen.
Mu Sochua at the press conference at which she announced plans to sue Hun Sen.
THE lawyer representing opposition MP Mu Sochua in her defamation case against Prime Minister Hun Sen could be banned from practising law if the Cambodian Bar Association rules that his comments at a recent press conference were defamatory to Hun Sen.
Hun Sen's lawyer, Ky Tech, told the Post that Kong Sam Onn would be sued as well if the Bar Association found he was at fault.
"I filed a complaint with the Bar Association on Monday," Ky Tech said. "If the Bar's disciplinary council finds he was at fault, he will be stripped of his licence to practise, and Mu Sochua will need to find another lawyer to take on her case."
Ky Tech said Kong Sam Onn was at fault because of statements he made when outlining his client's case at an April 23 press conference called by Mu Sochua, a lawmaker for the Sam Rainsy Party, to announce she would sue Hun Sen for defamation.
Mu Sochua's case stems from what she said are derogatory comments about an unnamed woman that were made by Hun Sen and broadcast nationally. Mu Sochua said those comments clearly referred to her.
The lawsuit resulted in a countersuit by Hun Sen, who claimed that Mu Sochua had defamed him by saying the comments he made referred to her.
Kong Sam Onn rejected the allegation that he had defamed Hun Sen. He told the Post that he had made no errors that would justify his expulsion from the Bar. His comments at the press conference simply outlined his client's case and were not defamatory, he said.
"If I have made a mistake, then it would be the first mistake and would not warrant ousting me from the Bar because I am not a dishonest man," he said. "I will be very sorry if I am ousted from my profession, but I am not strong enough to face them down."
Kong Sam Onn said all of his clients - Mu Sochua included - would need to find new lawyers if he were disbarred.
"Then I will become a simple person without a job, and I will have to look for another job to which I can devote my life," he said.
Mu Sochua told the Post on Tuesday that she would be very sorry to see her lawyer disbarred. She said the threats to her lawyer had been a heavy burden and meant he would likely be unable to defend her in court.
"So I would like to appeal to the Bar Association to consider this issue properly and in terms of the law, and I would like to call on all lawyers who have a conscience to seek justice under the law," she said.
"I will find another lawyer, but it is difficult for me to enjoy equal rights under the law."
The president of the Bar Association, Chiv Songhak, told the Post Tuesday that his organisation had received Ky Tech's complaint and said the issue was under inspection.
"We have already sent the complaint to the inspectorate, and they are working on the case," he said.
"The next step will be its consideration by the disciplinary council."
Potential punishment
Chiv Songhak said Kong Sam Onn could face three types of punishment: receiving a warning, having his licence suspended or being disbarred as a legal professional.
"But I can't say whether [Kong Sam Onn] has made a mistake or not," Chiv Songhak said, adding that it was for the disciplinary council to decide the case.
Heang Rithy, director of the Cambodian National Research Organisation, who also holds a doctorate in law, said Kong Sam Onn could be sued for alledgedly defamatory comments made at the press conference - if he, in fact, made any.
He said that defamation was only a minor offence under Bar Association rules, although the rules left it unclear whether defamation could lead to a member being expelled.
12 comments:
WE know you very well, Ky Tech. You are just one of the Hun Sen's buttok's lickers. It's very laughable thst a Man like Hun Sen has mobilized all his men to sue against a woman he cowerdly insulted in public.
Coward dictator! WE all curse you to join AH HOK sooner or later.
I respecfully admire your courage, Mr. Mu Sochua, for standing up against this barbaric, savage, arrogant, cocky, and ill-bred dictator. You are even more brave than King Sihanouk and all of his idle children. May God bless you and help you in your endeavour to pursue justice for all innocent defenseless Khmers.
Hun SenVarman is insanely thinking with all his PhDs, he can simply do or speak anything he pleasantly wants. Evidently speaking, his PhDs' unhumanly drunken jokes are no longer publicly laughable, and one coming day he will be eventually became like his adopted father, SihanoukVarman, and Pol Pot!
Only a one eyed hyena would stoop so low.
This is only a conflict between 2 politicians. Why every thing have to be announcing in public ?
In case we want to have a real democracy in Cambodia, please let the court made their decision.
If she can fight for herself, she can fight for all, while most powerful women chose to shut up.
គួរឲ្យកោតសរសើរសម្តេច ហ៊ុន សែន មែនពីព្រោះ
លោកចេះរកបានមេធាវីល្មោភអំដូចលោក។
ខ្ញុំនៅចាំបានថាលោកមេធាវីម្នាក់ឈ្មោះ គី តិច ធ្លាប់ចាញ់ឆ្នោតលោកមេធាវី វិសាល ប៉ុន្តែ គីតិច
តែក្រាញនឹងអំនាចដូច សម្តេច ហ៊ុនសែនដែរ។
គិតទៅ ជនអាក្រក់ គេចេះជួយគ្នាមែន មិនដូចក្រុម
ដទៃទៀតសោះ ពួកគេហាក់ទុកឲ្យអ្នកស្រីសុខហួរ
តស៊ូនឹងមនុស្សមួយ ក្រុមដែលគិតថាខ្លួនគេអស្ចារ្យ
ណាស់។
ខ្ញុំចង់ឃើញក្រុមបក្សជំទាស់និងក្រុមអង្គការតស៊ូ
មតិទាំងអស់នាំគ្នាក្រោកលើងដើម្បីយុត្តិធ៌មនៅ
ក្នុងព្រះរាជាណាចក្រកម្ពុជាយើង។
ស១ម
respont to 12:24 AM
it is have to be in public because we would like to maker sure all your emty brain not completly support you emty brain boss Hun Sen, you hear me.
Hello Bang Naranhkiri,
Can you understand now why, in old history, the chinese has call Cambodian leaders are barbarians? Because they didn't respect the laws !!! So we must admit that all our khmer leaders are very barbaric from Sihanouk to Pol Pot and now to Hun Sen !!
To Mu,
i am very proud of you, finally we have woman who could stand up for our country and represent for a Woman who first create this country land. for almost 1000, 1000 of year, the influe of weak chines and vietnamess women culture had destroy our woman rithg. and you are the first amongh 3 coutry as our neighbor who dare stand up with our emty brain Hun Sun. i wish you well, stong and and win this court.
Let's pit the eight million khmers against hun sen and see if he runs to his vietboss for help.
i wanna fuck all hunsen daugther because their parent are bitches, see how he respon for that.
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