Disbarment sought for judges in Dy Proem case

Wednesday, 04 January 2012
Buth Reaksmey Kongkea
The Phnom Penh Post

The lawyer for the 68-year-old widow who had her land stolen by Prime Minister Hun Sen’s cousin Dy Proem has lodged a complaint with the Supreme Council of Magistracy to have the three judges overseeing his client’s case disbarred.

The three Phnom Penh Municipal Court judges never addressed the core issue of the dispute – the theft of widow Huoth Sarom’s land – and failed to issue an arrest warrant for Dy Proem or take her or her accomplice from the Ministry of National Assembly-Senate Relations and Inspection into detention, lawyer Kao Ty told the Post yesterday.

“These judges have violated the Cambodian Criminal Code and the Law on Lawyers in the Kingdom,” Kao Ty said.

“I have sued them … and am asking the Supreme Council of Magistracy to take action against them and punish them according to the law.”

The judges, Duch Kimsorn, Te Sam Ang and Seng Neang, delayed the start of the trial five times, failed to collect any proper evidence or ever even summon the two accused for questioning, he added.

After finding Dy Proem and her accomplice Seng Yean guilty of fraud in stealing the land, the judges then did not proceed to order a return of the lands to Huoth Sarom, the payment of any compensation, or even the cancellation of the fraudulent document used to steal the land, Kao Ty said.

“My client [Houth Sarom] is a direct victim in this case, and her complaint is dated July 10, 2009, but the court’s verdict has not mentioned or addressed anything for her,” Kao Ty said.

“And so far, the suspects have not been arrested.”

Despite being sentenced to prison terms, Dy Proem and Seng Yean are still living free in Phnom Penh.

However, Judge Seng Neang defended his, and his colleagues’, actions.

“This was a criminal verdict, it was made only for the accused, not for any victims,” he said.

“Kao Ty is simply a troublemaker.”