Ieng Sary's lawyers say the judge has trampled over his rightsSaturday, October 10, 2009
By Guy De Launey
BBC News, Phnom Penh
Lawyers for Cambodia's former foreign minister have called for the removal of the judge investigating his role in the Khmer Rouge era.
Ieng Sary is charged with crimes against humanity for his part in the deaths of as many as two million people in the late 1970s.
His defence team claims the judge at the UN-backed Khmer Rouge tribunal, Marcel Lemonde, is biased.
The controversy is the latest in a series of problems to hit the tribunal.
'One-sided investigation'
The defence team's claims are based on a sworn statement by a former member of the investigating judge's staff.
Wayne Bastin accused his boss, Mr Lemonde, of instructing his team to concentrate on finding only incriminating evidence.
Under the rules of the tribunal, the investigating judges are supposed to be impartial - and should also seek out evidence which might exonerate defendants.
Mr Bastin admitted that Ieng Sary's defence team had encouraged him to make the statement.
But he insisted that he had enjoyed a good working relationship with Judge Lemonde - and only came forward because he felt "morally and ethically" obliged.
Ieng Sary's lawyers said the investigating judge had "trampled over" the rights of their client.
The tribunal's pre-trial chamber will now rule on whether Mr Lemonde should be disqualified.
It has already rejected two attempts to disqualify court officials on the grounds of bias.
Progress in the case against Ieng Sary and his three co-defendants has been slow.
But closing statements in the trial of a former Khmer Rouge prison chief are expected next month.
Ieng Sary is charged with crimes against humanity for his part in the deaths of as many as two million people in the late 1970s.
His defence team claims the judge at the UN-backed Khmer Rouge tribunal, Marcel Lemonde, is biased.
The controversy is the latest in a series of problems to hit the tribunal.
'One-sided investigation'
The defence team's claims are based on a sworn statement by a former member of the investigating judge's staff.
Wayne Bastin accused his boss, Mr Lemonde, of instructing his team to concentrate on finding only incriminating evidence.
Under the rules of the tribunal, the investigating judges are supposed to be impartial - and should also seek out evidence which might exonerate defendants.
Mr Bastin admitted that Ieng Sary's defence team had encouraged him to make the statement.
But he insisted that he had enjoyed a good working relationship with Judge Lemonde - and only came forward because he felt "morally and ethically" obliged.
Ieng Sary's lawyers said the investigating judge had "trampled over" the rights of their client.
The tribunal's pre-trial chamber will now rule on whether Mr Lemonde should be disqualified.
It has already rejected two attempts to disqualify court officials on the grounds of bias.
Progress in the case against Ieng Sary and his three co-defendants has been slow.
But closing statements in the trial of a former Khmer Rouge prison chief are expected next month.
5 comments:
the wild darkness of case oo2 will reveal who the killer of khmer people .and 6 of vip of recently goverment will be trip off in the dark shadow of them.
Communist Vietcong,Ieng Sary,Sihanouk,Mao,Le Duchtho,Hun Sen;Chea Sim,Heng Samrin,Nuon Chhea,Kiev samphoan,Keat Chun,Hor nam hong, are killers of people khmer.
Ieng Sary MF, did he ever think about the right of 1.7 million people he and his clan murdered.
let line up all those khmer rouge leaders and shoot them. stop wasting money for the trial. should use money to feed poor people.
11:18pm.
I won't line up with you gang.
They are the victims of the war between Communist v. Capitalist.
In your list you let the monster Stalin goes free? He was the one who financed billion of US dollars to Ho Chi Minh and instructed Ho to take Cambodia and Laos, and he also instructed China to watch over Vietnamese Rouge should Vietnamese cheat him like they cheated French then Chinese can smash the Vietnamese.
That's why they were clashed and killed millions of people in Indichina after Chinese knew the Vietnamese cheated again.
The story goes like a chain. Ho Chi Minh cheated French and cheated Soviet/China because he knew China was trying to annex Vietnam. Khmers were not the only people who died under Communist v. Capitalist. Vietnamese killed more than this thrice, but Vietnamese Communist didn't allow any news to come out, and they didn't even allow outside journalists to write any news from inside Vietnam either. KRT was created by the Vietnamese/US to divert Khmer attention while the Vietnamese are quietly invading Cambodia; and for the US is to prove that China was the main guy who killed Cambodians.
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