Graham Cleghorn

Kiwi 'expects guilty verdict' in Cambodia

Friday Nov 26, 2010
NZPA

New Zealander Graham Cleghorn - serving a 20-year prison sentence in Cambodia for rape - says he expects to be found guilty in the defamation case against him today.

"I'm going to stand up there and they're going to say `you're guilty, here's the sentence'," he told the Phnom Penh Post newspaper.

"Find me a case where a foreigner has been found innocent in Cambodia."

Cleghorn, 62, was sentenced by Siem Reap provincial court in 2004 to 20 years' prison for the rape of five girls aged between 14 and 19.

He is due to attend a verdict hearing late today (NZT) in the defamation case bought against him by the Cambodian Women's Crisis Centre (CWCC), which accused him of telling media outlets that the non-government organisation offered to pay each victim US$10,000 ($13,160) each to testify against him.

In a hearing last Monday, Mea Sophea, the lawyer representing the CWCC in Siem Reap, requested that the court demand Cleghorn pay US$5000 in compensation.

But in an interview with the Post at Prey Sar prison this week, Cleghorn, repeated previous statements that the case should never have made it to court.

"Apparently I'm not allowed to tell you that those people [the CWCC] are thieves and liars and set me up, because that's defamation now," he says.

"Any information I gave to the court [in prior hearings] is privileged information and can't be used against me in a defamation case."

But CWCC representative Say Vathany called the bribery claims "groundless".

"His defamation against CWCC is intended to discredit CWCC in a desperate attempt to influence a more favourable verdict for his case in the Supreme Court."

During the hearing last week, Siem Reap-based CWCC manager Ket Noeun said the defamation complaint stemmed from Cleghorn's repeated statements through the press.

Cleghorn has never denied making the claims in court, but denies making the claims in interviews to the press.

Cleghorn faces an extra two years in prison for each victim that he refuses to pay US$2000 in compensation to in relation to his rape conviction. He has said the money will go unpaid.

"I don't give a f... what they do," he said.

"I am what I am, and I am not going to pay these girls for lying. At least I can look in the mirror every morning and like what I see."

When asked if he would pay any compensation if he was found guilty of defamation, he grinned and said: "What do you think?"

Kiwi jailed for rape in Cambodia accused of defamation

Graham Cleghorn - Source: NZPA

Wednesday November 17, 2010
NZPA

A Cambodian women's group is accusing a New Zealand man convicted for rape of defamation and demanded he pay $US5000 ($NZ6535) in compensation and issue an apology.

Graham Cleghorn, 62, was convicted in 2004 of raping five teenage girls between the ages of 14 and 19 who were employed as maids at his Siem Reap home.

He was sentenced to 20 years in prison and faces an extra two years per victim if he refuses to pay each of them $US2000 in compensation.

Cleghorn has accused a local NGO - Cambodian Women's Crisis Centre (CWCC) - of offering $US10,000 to his victims in exchange for them testifying against him, through various media outlets.

The defamation hearing against Cleghorn took place at the Phnom Penh Municipal Court on Monday.

CWCC manager Ket Noeun told the court the defamation complaint stemmed from Cleghorn's repeated statements through the press, the Phnom Penh Post reported.

Cleghorn argued the evidence was first heard in court so could not be defamation.

Lawyer for CWCC Mey Sophea requested the court demand Cleghorn pay $US5000 compensation and to issue a public apology.

Judge Din Sivuthy said a verdict would be announced on November 26.

NZ rapist facing new charges in Cambodia

Graham Robert Cleghorn

Friday Oct 15, 2010
NZPA

A New Zealander jailed in 2004 for raping five teenage Cambodian girls between the ages of 14 and 19 is now facing new charges of defamation and disinformation filed by a charity group which looks after vulnerable women and children.

Graham Cleghorn, 62, is serving a 20-year sentence for raping the girls, but has claimed that he was set up, and that the charity, the Cambodian Women's Crisis Centre (CWCC), paid the five girls US$10,000 ($13,198.94) each to testify against him.

The girls were employed at his Siem Reap home, near the Angkor Wat temple in northern Cambodia.

Cleghorn represented himself at the Phnom Penh Municipal Court yesterday and pleaded not guilty to the new charges, the Phnom Penh Post reported.

He claimed to have evidence - a letter from a girl stating that a CWCC official had asked her to testify against him in exchange for $10,000 - but said the letter and other documents he would like to present were being stored at the Supreme Court in Phnom Penh.

He requested time to get the documents and contact the New Zealand embassy to help him find a lawyer.

Judge Din Sivuthy agreed and set his next appearance for November 15.

A Ministry of Foreign Affairs and Trade spokesman said Cleghorn was last visited by New Zealand Embassy staff from Bangkok on October 4.

Cleghorn, 62, is being held in Prey Sar prison, just out of Phnom Penh, since his conviction, which was upheld in 2007 by the Cambodian Court of Appeal.

Last month, another New Zealand man, Michael John Lines, 53, who also has Australian citizenship, stood trial in Cambodia for sexually abusing young girls.

Judge Duch Kimsan of the Phnom Penh Municipal Court said he would give a verdict in the near future, but did not specify when.

Cambodia has long been a magnet for foreign paedophiles because of poverty and poor law enforcement, but in recent years police and courts have increasingly targeted sex offenders.

Cleghorn won't die in jail - official

Graham Robert Cleghorn

06/01/2010
NZPA

A Cambodian prison official says a former Wellington man jailed for rape will not die behind bars despite fears for his health from his supporters.

Prey Sar prison director Mong Kim Heng told the Phnom Penh Post that Graham Cleghorn "is strong and healthy, and I see him almost every day in prison, he can run better than you".

Cleghorn, 57, is serving a 20-year term in the Phnom Penh jail, for raping five of his employees - aged between 14 and 19 - in Siem Reap, about 300km northwest of Phnom Penh.

Cleghorn, a former temple tourist guide, faces the prospect of an extra 10 years being added to his sentence because he is unable to pay reparations to his victims.

He was jailed for 20 years in 2004 and the judge said he would serve an additional two years for each victim if he failed to pay $US2000 ($NZ2726) to each girl's family.

The Cambodian Court of Appeal has rejected two appeals by Cleghorn since then.

The New Zealand embassy in Bangkok monitors Cleghorn's wellbeing, and was in regular contact with his daughter in Australia.

His New Zealand lawyer, Greg King, told The Dominion Post Cleghorn's health was deteriorating.

Cleghorn has claimed that he was framed by the Cambodian Women's Crisis Centre (CWCC), which he alleged fabricated the story to get foreign aid money.

A spokesman for the CWCC has denied the accusation and said the group had all the documents related to the case.

Kiwi could die in Cambodian jail

04/01/2010
By PAUL EASTON
The Dominion Post (New Zealand)

Supporters of a former Wellington man jailed for rape in Cambodia fear he will die behind bars, as hopes of a fresh appeal fade.

Graham Cleghorn has just spent his ninth New Year in a Cambodian prison – and now faces the prospect of an extra 10 years being added to his sentence because he is unable to pay reparations to his accusers.

He was sentenced to 20 years in 2004 for raping five of his employees, aged 14 to 19, in Siem Reap, about 300 kilometres northwest of Phnom Penh.

The former Angkor temple tour guide maintains he was framed by the Cambodian Women's Crisis Centre. Cleghorn, in his early 60s, says it fabricated the charges to get foreign aid money.

The group and the complainants vehemently deny his claims.

Two years ago, the Cambodian Court of Appeal threw out Cleghorn's second appeal.

A spokeswoman at the Foreign Affairs Ministry said the New Zealand embassy in Bangkok continued to monitor Mr Cleghorn's case and his wellbeing, and was in regular contact with his daughter in Australia.

Cleghorn was last visited by consular staff from the British embassy in Phnom Penh on December 9, the spokeswoman said. "We understand he has lodged a final Supreme Court Appeal."

However, his New Zealand lawyer, Greg King, said the appeal was "a pretty bleak prospect".

It had become bogged down in red tape and demands for tens of thousands of dollars in advance from lawyers. "It's just languishing"

Cleghorn's health was deteriorating, Mr King said. It was also possible that 10 years could be added to his sentence, as he was unable to pay reparations to his five accusers. "They could add two years on for each one."

Based on the evidence, Cleghorn would never have been convicted in a New Zealand court, Mr King said. "Yet he's still stuck in jail over there."

Supporter Brian Robinson said he had not heard from Cleghorn for months. "You can only imagine what he must be going through, what the conditions must be like. The rest of his sentence is probably longer than he is going to live."

Mr Robinson, who runs a website supporting Cleghorn, said he believed the Kiwi was the victim of a corrupt system. "In a country that's desperately poor, you get decisions that are based on bribery."

Kiwi Foreign Affairs to look into corruption allegations made by Cleghorn's relatives

Winston Peters is aware of the man's allegations

NZer in Cambodian jail makes claims of corruption

Tue, 28 Aug 2007
www.tv3.co.nz (New Zealand)

Foreign Affairs is looking into allegations of corruption in the case of a Wellington man jailed in Cambodia for raping five girls.

60-year-old Graham Cleghorn is serving 20 years in prison for the offence but maintains he was framed by an activist group seeking overseas money.

Mr Cleghorn's family has written to the minister Winston Peters claiming that a Cambodian defence lawyer asked for $16,000 thousand, just days before a second appeal hearing allegedly to cover costs.

A spokesman for Mr Peters says he is aware of the bribery allegations but believes it is too early to say what action, if any, will be taken.

Supporters of Kiwi rapist Cleghorn claim that their refusal to pay $16,000 bribe to the Appeals Court may have cost Cleghorn his freedom (?!?)

Kiwi's appeal judges 'wanted bribe'

Tuesday, 28 August 2007
By RUTH HILL
The Dominion Post (New Zealand)

Supporters of a former Wellington man jailed in Cambodia for raping five girls say their refusal to bribe the appeal judges with more than $16,000 may have cost him his chance at freedom.

The allegations of corruption stirred up by the case may have also instigated the downfall of Cambodia's Appeals Court president.

Graham Cleghorn, 60, was sentenced in 2004 to 20 years in prison for raping five of his employees, aged 14 to 19, in Siem Reap, 314 kilometres northwest of Phnom Penh.

The former Angkor temple tour guide maintains he was framed by the Cambodian Women's Crisis Centre, which he says fabricated the charges to get foreign aid money.

The group and complainants vehemently deny his claims.

Last month the Cambodian Court of Appeal threw out Cleghorn's second appeal. His New Zealand lawyer, Greg King, said Cleghorn's daughter, Heidi Madeley, was shocked to be asked for US$12,000 (NZ$16,530) cash by Cambodian defence counsel Ry Ouk just days before the appeal date.

The request, which came after "informal discussions" with the judge, was ostensibly to cover the cost of a reinvestigation of the case.

"We had no way of knowing whether that was a legitimate request."

Despite being warned to keep the request secret, they contacted New Zealand Embassy staff in Bangkok, who were informed by the Cambodian Court of Appeal that the expense was legitimate.

However, Mr Ouk was furious that "client confidentiality" had been breached and threatened to resign just three days before the hearing.

Cleghorn's supporters managed to raise US$6000 and sent it to him on July 9.

But there was no "reinvestigation" - the next day the conviction was upheld without a single witness being called.

It was possible the other side had come up with a bigger bribe - or that inquiries by New Zealand officials had "stirred things up", Mr King said.

On August 13, Appeals Court president Ly Vuochleng - who was expected to approve the reinvestigation - was arrested over bribery and corruption allegations relating to other cases.

"It's quite possible the appeal failed because the whole corruption thing was exposed after inquiries by New Zealand officials."

Mr King said Cleghorn was adamant he would not buy his way out of prison. "He wants to get out by being proved innocent, not by paying bribes."

The legal team had filed an appeal with the supreme court - but Mr King said they were "fast running out of options".

"You risk throwing good money after bad to get the same result."

Ms Madeley said she was anxious not to say anything that could jeopardise her father's chances.

"It's fantastic that Cambodia is trying to tidy up its judicial system, but where do you start?"

The fight for her father's freedom had so far cost her tens of thousands of dollars in court costs, lawyers' fees, and travel for witnesses and herself. She also paid for her father's daily keep.

"Hope is the only thing he has ... but it's been four years and his witnesses still haven't been heard."

The Foreign Affairs and Trade Ministry said it could not intervene in the judicial processes of another country if it was in accordance with their law.

A spokesman for Foreign Affairs Minister Winston Peters said the minister was aware of the bribery allegations, though had not yet seen details.

"We will be having further discussions with the family about the matter, but it is too early at this point to speculate on what action, if any, might be taken."

Media hype clouds Cleghorn rape appeal

By Lachlan Forsyth and Sam Rith
Phnom Penh Post, Issue 16 / 14, July 13 - 26, 2007

The legal wrangling and jostling for headlines in the Graham Cleghorn case look set to continue, after the Cambodian Court of Appeal upheld his conviction for rape.

At a July 10 announcement following his appeal hearing the presiding judges said they found no reason to dismiss the charges or reduce his sentence.

Cleghorn, 60, a New Zealander, was tried and convicted for the rape of five teenage girls employed at his Siem Reap home in February 2004.

"I have to say that we are all totally devastated at the outcome of the appeal and still firmly believe that Graham has not had a fair and proper hearing in to his case," said Cleghorn's New Zealand lawyer, Greg King, in a July 12 email.

King said Cambodia must ensure that minimum standards of criminal procedure were adhered to, as defined under the International Convention on Civil and Political Rights.

"This especially relates to the refusal of all courts to date to hear from the defense witnesses that Graham wanted heard at his original trial in 2004. The fact that his appeal has taken nearly three years and was 'adjourned' eight times, really makes us question what is going on over there," he said.

Oung Chanthol, director of the Cambodian Women's Crisis Centre (CWCC), an NGO that helped bring about the charges, said the organization was delighted that the decision had been upheld, and said it set a "great precedent."

"We are satisfied with the result of the verdict this morning," said CWCC Municipality Coordinator Nop Sarinsreyroth. "Even though nothing can be done to replace the damage done to the victims -at least they have now got justice."

The trial has sparked a great deal of media attention in New Zealand.

Concern about Cleghorn's first appeal hearing, held without his or his lawyer's presence, and without New Zealand or British embassy officials being notified, prompted the New Zealand government to press Cambodian court for a second appeal.

But the absence of witnesses, lawyers and Cleghorn himself meant it took numerous attempts and more than 12 months before the hearing was finally held.

After the July 10 decision was announced the New Zealand embassy consul in Bangkok, Grant Traill, said that New Zealand does not hold any opinions on the outcomes of criminal proceedings against New Zealanders.

"As long as the appeal process was in accordance with Cambodian law and proper judicial process, the verdict must be accepted," he said.

But many New Zealanders remain concerned that Cleghorn did not receive what could be considered a fair trial by New Zealand standards.

Cleghorn maintains the victims, who all worked for him, were paid up to $10,000 each by the CWCC to testify against him.

Further accusations that the original judge was in cahoots with the CWCC and was intending to blackmail Cleghorn for his land, did little to quell rumors that Cleghorn had been set up.

While the legal wrangling continues, the media is proving an increasingly important player in this drama.

The handling of the trial and subsequent appeals ensured that doubts still lingered in New Zealand about the efficiency and efficacy of the Cambodian justice system, and as a result the case received widespread media coverage.

Not all of that coverage was been deemed helpful to Cleghorn's cause.

Dunedin-based Cleghorn supporter Dr Lynley Hood said the serious nature of the allegations carried a powerful emotional impact and profound sense of urgency. Hood is the author of "A City Possessed," a book which questioned the methods used to gain the high-profile conviction Peter Ellis on child sex abuse charges. Hood said there were parallels between the two cases.

"These factors can cloud any dispassionate consideration of the facts. As a result, the accused's right to natural justice is often swept aside in the rush to judgment, and allegations tend to be treated as established facts," Hood said via email.

"Nothing is more damaging and defamatory than wrongly accusing a man of being a pedophile," she added.

Meanwhile, the CWCC has been critical of a so-called "smear campaign" launched by the New Zealand media.

"It is surprising and sorry to see the low quality of professionalism of some NZ media. Most articles presented only one-sided-information, echoing the voice of Cleghorn, his supporters or sympathizers, who strategically slandered or defamed CWCC to get the attention out of his case," she said.

Chanthol said often little effort was made to contact either the victims or CWCC and she has consistently denied Cleghorn's claims the CWCC had bribed victims.

"[Cleghorn] has been shown as innocent and sympathetic by stating that he lost weight, attempted to commit suicide, his teeth were falling out...these articles completely failed to say about the suffering, tears, trauma, and future of the girls and their families," Chanthol told the Post.

"I could not understand those articles which condemned CWCC, which helps thousand girls who were raped, trafficked and beaten up by their abusive husbands, while they were campaigning for the convicted. Would they do that if the case happened in New Zealand?"

King said his client had a lot of support in New Zealand, and a media campaign was being used to maintain public momentum for the case.

Cambodian court delays verdict in New Zealander's appeal

Wed, 04 Jul 2007
DPA

Phnom Penh - The Cambodian Appeal Court on Wednesday reserved its verdict on an appeal by a New Zealand national convicted of rape in the man's ninth attempt to have the appeal heard. Graham Robert Cleghorn, 59, was arrested in 2003 and sentenced to 20 years in prison by Siem Reap Provincial Court in 2004 for the rape of five of his female staff.

Judge Thou Mony Wednesday conducted a closed hearing with Cleghorn and three of the five women who brought the original complaints in attendance, as well as representatives from the non-governmental organizations which supported them through the legal process, and New Zealand embassy officials who had flown in from Bangkok.

No witnesses for Cleghorn appeared. The court did not give a reason for that exclusion.

Judge Mony adjourned the hearing after about three hours of testimony and reserved his judgement until July 10.

Since his arrest, Cleghorn has maintained he has been framed by powerful interests who want his valuable land on the edge of the Angkor Wat temple complex in the northern tourist hub of Siem Reap.

Shortly before the court was closed to the public Wednesday, Cleghorn reiterated his allegations to the new appeal judge Mony and claimed a local women's group, the Cambodian Women's Crisis Center (CWCC), had incited local women to come forward and make claims against him with promises of financial gain.

The CWCC has consistently denied the charges, calling them ridiculous. CWCC founder Oung Chanthol was awarded an honour for her work by the US embassy in Phnom Penh before resigning earlier this year, citing fatigue.

Kiwi’s Cambodian Appeal Went Well: Lawyer

05 Jul 2007
Newswire.co.nz (New Zealand)

The lawyer for a New Zealand man convicted of sex charges in Cambodia says his latest appeal hearing went well and they presented a good case.

Graham Cleghorn was convicted in 2004 of raping five women who worked for him, and was sentenced to 20 years in prison.

Yesterday, a Cambodia court heard Cleghorn's appeal in private, after a previous appeal was abandoned when witnesses were not summoned.

Cleghorn's Cambodian lawyer, Ry Ourky, says three out of the five complainants were cross-examined.

A decision on the appeal will be made next week.

Lawyers for NZ rapist [Cleghorn] hoping for smooth appeal hearing

Wednesday, 4 July 2007
NZPA (New Zealand)

Lawyers for convicted New Zealand rapist Graham Cleghorn hope witnesses will show up at an appeal hearing in Cambodia today to avert yet another trial postponement.

Cleghorn, 60, formerly from Wellington, was sentenced in 2004 to 20 years in prison for raping five young women in Siem Reap, 314km northwest of Phnom Penh.

He has maintained his innocence but over the past couple of years appeal attempts have been postponed while allegations of lies and corruption have been passed between victims and Cleghorn supporters.

The last appeal hearing was due to take place more than five months ago.

The absence of witnesses from past hearings has been blamed for delays and one of Cleghorn's Cambodian lawyer's, Ry Ouk, said he hoped that wouldn't be the case today.

"I can't make an assumption, but if all the critical people are not there then it could be delayed," he told Radio New Zealand.

He said speculation that the Cleghorn team needed to pay money to the court before the hearing was not true.

Speculation that he had been bribed to quit working for Cleghorn was "ludicrous", he said.

Leam Suy, the mother of one teenage rape complainant, said months ago the delays were draining her family's resources and sowing confusion among the victims and their supporters.

"Even though the delays have happened again and again we will continue to come to the court. We will come until a judge says in front of all of us what's wrong and what's right," she said.

Cleghorn supporters have said in the past the Cambodian Women's Crisis Centre bribed the girls to make the rape complaints.

Mr Ouk said Cleghorn appeared to be fit and well in jail and that the case due to be heard today was strong.