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| Rob Hamill says that an appeal hearing for a Khmer Rouge leader was farcical. (Photo: Waikato Times) |
07/04/2011
BELINDA FEEK
WAIKATO TIMES (New Zealand)
A recently completed appeal hearing for a Khmer Rouge leader was farcical, Rob Hamill says.
Mr Hamill's brother Kerry was one of those tortured and executed at the notorious S-21 prison in Phnom Penh, Cambodia's capital in 1978.
Mr Hamill has just returned from Cambodia where he attended an appeal hearing for
Kaing Guek Eav, 67, more commonly known as Duch, who received a 35-year sentence last year after pleading guilty to crimes against humanity, war crimes, premeditated murder and torture.
Mr Hamill hoped to meet with his brother's killer face-to-face at the appeal which began on March 28.
Speaking from his Te Pahu home yesterday, Mr Hamill said although he was confident his request for a meeting got through to Duch, he had heard Duch would have declined.
He was relaxed about that stance, but was concerned about rumours Duch was penning a book.
''There's speculation that a book is pending from him, but that's total, complete speculation ... the possibility of him gaining financially from his crimes would be abhorrent. I think if he had any desire to do good he could make 100 per cent of the proceeds go to the victims in some form. It could be deemed as an historical narrative too. But it depends on his motives and agenda. You could question the political pressure that is being applied to him and that's unrealistic.''
As for the appeal hearing, Mr Hamill labelled it a ''circus'.
''The impression I got was almost a mocking of the defence counsel from the public's perspective. I feel there was a particular, almost mocking derision of the defence strategy and behaviour in the court. I likened it to a circus really, the way they behaved. They were hyper animated, they yelled in the court, just yelling in to the microphone at high pitches ... talking with some of the civil party lawyers that seemed to be a general consensus as well, that they were not helping themselves, that they didn't really have a strong case.''
The eight judges sitting in the Supreme Court were expected to deliver a decision in July.
Given the defence lawyer's sideshow, he suspected the appeal would be thrown out and Duch's sentence increased to 45 years, as pushed for by the prosecution.
''I think there's a big risk that Duch's sentence may be increased.''
As he qualified for 16 years' off, a 35 year sentence would only mean another 19 years behind bars.
''I think there should be just a call for a life sentence for the rest of your living days, but that's (45 years) probably the best we're gonna get.''
As for the emotional toll, Mr Hamill said sitting in the public gallery enabled him to be a step back from proceedings.
''I was more detached from it than what I have been previously. And that was a good thing, it allowed me to focus on the process and legal arguments more.''
3 comments:
Hun Sen was former Khmer Rouge comrade, yuon's slave, and current silence mass murderer.
what is Hun Sen sentence?
1000 years in hell.
You will find justice for your brother. We, Khmer people, support you 100%. You are a very good man and we care about our friends like you from New Zealand.
Koh Tral Island must not be forgotten
By Ms. Rattana Keo
Why do Koh Tral Island, known in Vietnam as Phu Quoc, a sea and land area covering proximately over 10,000 km2 [Note: the actual land size of Koh Tral itself is 574 square kilometres (222 sq miles)] have been lost to Vietnam by whose treaty? Why don’t Cambodia government be transparent and explain to Cambodia army at front line and the whole nation about this? Why don't they include this into education system? Why?
Cambodian armies are fighting at front line for 4.6 km2 on the Thai border and what's about over 10,000km2 of Cambodia to Vietnam. Nobody dare to talk about it! Why? Cambodian armies you are decide the fate of your nation, Cambodian army as well as Cambodian people must rethink about this again and again. Is it fair?
Koh Tral Island, the sea and land area of over 10,000 square kilometres have been lost to Vietnam by the 1979 to 1985 treaties. The Cambodian army at front line as well as all Cambodian people must rethink again about these issues. Are Cambodian army fighting to protect the Cambodia Nation or protecting a very small group that own big lands, big properties or only protecting a small group but disguising as protecting the Khmer nation?
The Cambodian army at front lines suffer under rain, wind, bullets, bombs, lack of foods, lack of nutrition and their families have no health care assistance, no securities after they died but a very small group eat well, sleep well, sleep in first class hotel with air conditioning system with message from young girls, have first class medical care from oversea medical treatments, they are billionaires, millionaires who sell out the country to be rich and make the Cambodian people suffer everyday.
Who signed the treaty 1979-1985 that resulted in the loss over 10,000 km2 of Cambodia??? Why they are not being transparent and brave enough to inform all Cambodians and Cambodian army at front line about these issues? Why don't they include Koh Tral (Koh Tral size is bigger than the whole Phom Phen and bigger than Singapore [Note: Singapore's present land size is 704 km2 (271.8 sq mi)]) with heap of great natural resources, in the Cambodian education system?
Look at Hun Sen's families, relatives and friends- they are billionaires, millionaires. Where did they get the money from when we all just got out of war with empty hands [in 1979]? Hun Sen always say in his speeches that Cambodia had just risen up from the ashes of war, just got up from Year Zero with empty hands and how come they are billionaires, millionaires but 90% of innocent Cambodian people are so poor and struggling with their livelihood every day?
Smart Khmer girl Ms. Rattana Keo,
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