Mu Sochua's lawsuit rejected

SRP lawmaker Mu Sochua speaks with reporters at a recent press conference at the National Assembly. (Photo by: TRACEY SHELTON)

Thursday, 11 June 2009
Written by Meas Sokchea
The Phnom Penh Post

No explanation given for dismissal of opposition lawmaker's defamation case against Hun Sen, which follows out-of-court testimony from the prime minister.

THE lawyer for opposition Sam Rainsy Party lawmaker Mu Sochua learned Wednesday that his client's defamation lawsuit against Prime Minister Hun Sen had been thrown out of Phnom Penh Municipal Court, though he said he had received no explanation for the dismissal.

Kong Sam Onn said he received a letter informing him of the decision Wednesday.

"They sent me a letter at 10am to tell me that the prosecutor would not take action over Mu Sochua's suit," he said. "They did not give a reason."

Following news of the dismissal, Mu Sochua told the Post that she would appeal it, adding that she wanted an outcome that she considered fair.

"The court has rejected my lawsuit, and I have enough proof to make my case," she said.

"I still respect Hun Sen, but I need justice. I want people to see a just system."

Deputy prosecutor Hing Bun Chea declined to comment Wednesday afternoon, saying he was busy.

No jurisdiction

Mu Sochua also criticised a court decision allowing Prime Minister Hun Sen to appear at the Council of Ministers to answer questions relating to her lawsuit Monday, arguing that the council had no legal jurisdiction in the case.

"The court does not belong to the Council of Ministers. If a poor person or I am forced to go to the court, the prime minister must go to the court as well. If the court is just, it must be balanced," she said.

Hing Bun Chea said earlier in the day that the court had summoned Prime Minister Hun Sen to the Municipal Court, but that the procedure had been moved to the Council of Ministers following a request from Hun Sen's attorney Ky Tech.

Ky Tech said the questioning session had been moved for security reasons, adding that the appearance of Hun Sen's bodyguards at the court could have led the public to believe that the court could not reach an independent ruling.

Mu Sochua filed her suit against Hun Sen in late April, alleging he made insulting references to her during a speech in Kampot province on April 4. Hun Sen then countersued Mu Sochua for defamation, claiming the comments did not refer specifically to her.

Travesty of Justice: Hun Sen-controlled court drops Mu Sochua's lawsuit against him ... for no justified reason

Court Drops Case Against Hun Sen

By Chiep Mony, VOA Khmer
Original report from Phnom Penh
10 June 2009

Click here to listen to the audio program in Khmer (MP3)

Phnom Penh Municipal Court dropped a defamation lawsuit against Prime Minister Hun Sen Wednesday, following questioning by the court prosecutor earlier this week.

Hun Sen was facing a suit filed by opposition lawmaker Mu Sochua, who alleged the premier had made disparaging and sexist remarks against her during the 2008 election campaign.

In a letter to Mu Sochua’s lawyer, the court said it was dropping the suit. It did not elaborate.

Hun Sen’s lawyer said Wednesday the prime minister had denied all wrongdoing to the court.

Mu Sochua’s lawsuit against Hun Sen rejected by the court

(Photo: RFA)

10 June 2009
By Phan Sophat
Radio Free Asia
Translated from Khmer by Heng Soy
Click here to read the article in Khmer

Opposition MP Mu Sochua said that the decision by the Phnom Penh municipal court to reject her defamation lawsuit against Hun Sen sets a bad example, but she did not indicate whether she will pursue her case with the Appeal Court or not.

Mu Sochua told RFA over the phone that the court’s rejection was not conducted independently: “I noted that yesterday, the court just interviewed Samdach PM, and I want to ask what kind of investigation the court conducted, was there any witnesses, etc…? These must be shown before this case can be rejected.”

In the morning of Wednesday 10 June, Hing Bunchea, the deputy prosecutor of the Phnom Penh municipal court, sent a letter to Mrs. Mu Sochua’s lawyer indicating that the lawsuit brought up against Hun Sen on 27 April 2009 for defamation and insult was rejected.

As of today, the prosecutor could not be reached to provide clarification on the reason for the rejection of this lawsuit against Hun Sen.

Kong Sam Onn, Mu Sochua’s defense lawyer, said that, legally, an appeal can be made in this case, but that no decision has been made yet.

Ky Tech, Hun Sen’s lawyer, told RFA that Hun Sen’s lawsuit against Mu Sochua will not end: “The case of Samdach’s lawsuit against Chumteav Mu Sochua is in progress. There is no result yet because the court is taking its legal steps.”

Ny Chakriya, Adhoc investigator director, commented about this case: “This shows that there is no independence in the court process.”

It should be noted that Mrs. Mu Sochua sued Hun Sen for defamation after Hun Sen publicly said in Kampot in April that “there is a “choeung khlang” [thug] woman who likes to instigate problems on others, she ran to hug someone, but she accused [him] of unbuttoning her blouse.”

At the same time, Hun Sen also sued Mu Sochua for defamation after she and her defense lawyer held a press conference to accuse Hun Sen’s fault prior to her starting her lawsuit in the court first.