Kong Sam Onn (Photo: The Phnom Penh Post)By Chun Sakada, VOA Khmer
Original report from Phnom Penh
18 June 2009
The Cambodian Bar Association has called in for questioning a lawyer for an opposition parliamentarian who is fighting a defamation suit from Prime Minister Hun Sen.
Cambodian Bar Association Chiv Songhak told VOA Khmer Thursday the bar had charged Kong Sam Onn with violations of articles four, six and 15 of the code of ethics.
Ky Tech, former head of the Bar Association and a lawyer for Hun Sen, complained to the bar in April that Kong Sam Onn had violated a code of ethics in speeches made to the media, following a defamation suit brought by Mu Sochua against Hun Sen.
The court has since dropped the suit against Hun Sen, for allegedly degrading remarks made in the 2008 election campaign, but it is pursuing a countersuit filed by Hun Sen.
The retaliatory lawsuit highlights lingering questions of political bias within the court system, which critics say is in dire need of reform.
“We do not close our eyes to punish and to fine the innocent,” he said. “We find out the facts,” Chiv Songhak said. “If [Kong Sam Onn] has acted with wrongdoing in violations of the code of ethics for licensed lawyers, we must punish him at the proper level of his wrongdoing.”
Kong Sam Onn, who will address the bar’s 19-member council on July 7, faces a range of punishment, including a mere warning, a fine, the suspension of his license, or disbarring.
He told VOA Khmer Thursday the charges against him were “baseless.”
“Every lawyer speaks with journalists and there is no charge and there is no fine,” he said. “But in my case, the Cambodian Bar Association must raise this for discussion.”
Cambodian Bar Association Chiv Songhak told VOA Khmer Thursday the bar had charged Kong Sam Onn with violations of articles four, six and 15 of the code of ethics.
Ky Tech, former head of the Bar Association and a lawyer for Hun Sen, complained to the bar in April that Kong Sam Onn had violated a code of ethics in speeches made to the media, following a defamation suit brought by Mu Sochua against Hun Sen.
The court has since dropped the suit against Hun Sen, for allegedly degrading remarks made in the 2008 election campaign, but it is pursuing a countersuit filed by Hun Sen.
The retaliatory lawsuit highlights lingering questions of political bias within the court system, which critics say is in dire need of reform.
“We do not close our eyes to punish and to fine the innocent,” he said. “We find out the facts,” Chiv Songhak said. “If [Kong Sam Onn] has acted with wrongdoing in violations of the code of ethics for licensed lawyers, we must punish him at the proper level of his wrongdoing.”
Kong Sam Onn, who will address the bar’s 19-member council on July 7, faces a range of punishment, including a mere warning, a fine, the suspension of his license, or disbarring.
He told VOA Khmer Thursday the charges against him were “baseless.”
“Every lawyer speaks with journalists and there is no charge and there is no fine,” he said. “But in my case, the Cambodian Bar Association must raise this for discussion.”
9 comments:
Laywer is still a lawyer. He can make statement for his client at anytime.
But more importantly, it is Ky Tech who need to defend his client through court system first before he can make a counter-court proceeding. He cannot file a counter-court proceeding before his defence at all. Therefore, he should be dismissed from his professional misconduct too for using his client position to obstruct the court of justice.
There is nowhere in Cambodian Constitution to allow member of parliament to be lifted from his or her immunity at all. Their immunity was guarantee by their election into Parliament and their immunity will end only if he or she won't be elected again. Except, they have committed a crime like killing or stealing of moneys, then she or he can be lifted by 2/3 of all members of the Assembly. People must interprete the law correctly. Defamation is no longer a crime. Politician can fight to each other through court system as long as they wish. The damages can only be recompensed according to the real damaged.
1-Eg Madame Mu Sochua sued Hun sen for $1.50. That is too little. Her legal fee is more than that. So at least to equal to her legal fee.
2-Hun Sen has no damage at all. He is still PM and is still earning good moneys. If he can defend his case, the most he can sue Madame Mu Sochua is his legal fee too.
THis is how a democratic system is working for defamation lawsuite.
Areak Prey
I,100% support 5:25 AM.Ky Tech should be fire or sanction.We should invite law expert to study this lawsuit.It's not an complicate case.If we let them win this time, they will the same again & again in the future.This is a good case that we the people and all Law related NGO work together and make a lousy noise to make a change.If we can't Hun Sen should be send to S-21 and let Duch smash for the last time.
Well, the result was expected this way. No need to investigate.
The PM was admitted to the CB during Ky Tech presidency of the CBA, so he know the law well.
Yes Hun Sen knows all the laws and regulations, but he does not obey the laws.
We cannot expect any good governance under these monkys leadership at all. They were from robber background.
CPP youth promoting for change
according to what cheam yeap said .. PM from CPP .. anyone can file a lawsuit against anybody, but as we have seen , the law in cambodia usually goes against the poor or the ones with less power . just look at mu sochua's case . did he mean anyone can file a lawsuit against anybody as long as not against the people from cpp ?
Hey, idiot, tell your client not to prostituting while legislating , because it is against the law, and rest assured, once the law is violated, the removal of parliamentary immunity is assured--you have my assurance.
PPU
Well, Don't blame me for I am of course the son of a slut, adulteress, fornicatress, hussy, jade, and loose woman Viet...I have a mission here and that is to
destroy KI-Media for the benefit and welfare of the CPP new Viet-khmer people under the leadership of Hun Sen, got that?
PPU
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