SRP Lawmaker could be held 'criminally liable' if she refuses to pay court-ordered fine
Wednesday, April 07, 2010
BY SEBASTIAN STRANGIO AND MEAS SOKCHEA The Phnom Penh Post
As the Supreme Court prepares to issue a final ruling today on defamation charges facing Sam Rainsy Party (SRP) lawmaker Mu Sochua, the politician remains defiant, repeating her earlier stance that she will refuse to pay any fines associated with the case.
In August, Phnom Penh Municipal Court found Mu Sochua guilty of defaming Prime Minister Hun Sen and ordered her to pay 16.5 million riels (around US$3,975) in fines and compensation, a verdict that was upheld on appeal in October.
When asked this week whether she expected a similar verdict from the Supreme Court, Mu Sochua described the question as "rhetorical".
"My earlier stance remains," she said by email. "I have not committed any crime other than serving my constituency and being accountable to the voters who put their trust on the Sam Rainsy Party. Paying the fine is admitting guilt."
Mu Sochua was sued by the prime minister after lodging her own lawsuit against him for comments he made during a speech in Kampot in April 2009. The SRP lawmaker, who is currently abroad in the United States, also pledged to return to Cambodia on April 16, regardless of the Supreme Court's decision.
"I do not and have never intended to run away, even if the authorities send a fleet of armed police," she said.
"Instead of silencing the voices of dissidents, the leaders of Cambodia should think harder about the high price that the entire country is paying for this total lack of rule of law and neutral and independent judiciary."
It is unclear what punishment Mu Sochua will face if she refuses to pay court-sanctioned fines. Government lawyer Ky Tech said the Supreme Court will hear Mu Sochua's case in absentia, but noted that it was up to the judges to decide on what action to take to enforce their rulings.
"I leave the right for the court because for all decisions made by the court, the court is the enforcer," he said. "If [the court] orders imprisonment a person must be imprisoned, if it orders them to pay money, they must pay money."
Run Saray, executive director of Legal Aid of Cambodia, said the law normally allows for a period of 45 days for defendants to lodge an appeal against a court ruling.
However, for Supreme Court decisions, which cannot be appealed, there is no specific article - either in the UNTAC Law or the newly passed Penal Code - specifying how much time can lapse before fines must be paid to the court.
"We have very few cases that go to the Supreme Court," he said, but added that according to the UNTAC Law, any person disobeying any court would be held "criminally liable".
Chhoun Chantha, the deputy general prosecutor of the Supreme Court who issued the citation summoning Mu Sochua to appear, declined to comment Tuesday.
Wednesday, April 07, 2010
BY SEBASTIAN STRANGIO AND MEAS SOKCHEA The Phnom Penh Post
As the Supreme Court prepares to issue a final ruling today on defamation charges facing Sam Rainsy Party (SRP) lawmaker Mu Sochua, the politician remains defiant, repeating her earlier stance that she will refuse to pay any fines associated with the case.
In August, Phnom Penh Municipal Court found Mu Sochua guilty of defaming Prime Minister Hun Sen and ordered her to pay 16.5 million riels (around US$3,975) in fines and compensation, a verdict that was upheld on appeal in October.
When asked this week whether she expected a similar verdict from the Supreme Court, Mu Sochua described the question as "rhetorical".
"My earlier stance remains," she said by email. "I have not committed any crime other than serving my constituency and being accountable to the voters who put their trust on the Sam Rainsy Party. Paying the fine is admitting guilt."
Mu Sochua was sued by the prime minister after lodging her own lawsuit against him for comments he made during a speech in Kampot in April 2009. The SRP lawmaker, who is currently abroad in the United States, also pledged to return to Cambodia on April 16, regardless of the Supreme Court's decision.
"I do not and have never intended to run away, even if the authorities send a fleet of armed police," she said.
"Instead of silencing the voices of dissidents, the leaders of Cambodia should think harder about the high price that the entire country is paying for this total lack of rule of law and neutral and independent judiciary."
It is unclear what punishment Mu Sochua will face if she refuses to pay court-sanctioned fines. Government lawyer Ky Tech said the Supreme Court will hear Mu Sochua's case in absentia, but noted that it was up to the judges to decide on what action to take to enforce their rulings.
"I leave the right for the court because for all decisions made by the court, the court is the enforcer," he said. "If [the court] orders imprisonment a person must be imprisoned, if it orders them to pay money, they must pay money."
Run Saray, executive director of Legal Aid of Cambodia, said the law normally allows for a period of 45 days for defendants to lodge an appeal against a court ruling.
However, for Supreme Court decisions, which cannot be appealed, there is no specific article - either in the UNTAC Law or the newly passed Penal Code - specifying how much time can lapse before fines must be paid to the court.
"We have very few cases that go to the Supreme Court," he said, but added that according to the UNTAC Law, any person disobeying any court would be held "criminally liable".
Chhoun Chantha, the deputy general prosecutor of the Supreme Court who issued the citation summoning Mu Sochua to appear, declined to comment Tuesday.
According to weather prediction, there will be a lot of rain and thunder. And Hun Sen will be killed by thunder same as Hok Lungdy. don't forget to drink when thunder kill Hun Sen.
ReplyDeleteKhmer in Sydney CBD
Unity, love, understanding and respect is the answer for Khmer people and its gov't. No, material things can save your life, but love alone can, because wisdom of life is about love. If khmer don't love khmer no one in the world will. So, don't allow others to enjoy the benefit of our internal or external conflicts or our downfall. Just remember this, life is always about compare and compete, it is part of our human existence and you can not avoid that. Therefore, be aware of the outsiders'influences, however if possible try to sellect the best outcome. In addition, success is in the minds and hands of the "diplomatic people" why? because they are qualified to do the job and can be very effective. Educated people know what to do and how to say things, they can be very wise. Uneducated usually bla, bla, bla with no meaning but increases in shameful acts for the nation. It is very sad to see one of our interlactual like Madam Mu being crusified by our khmer gov't. I suggest to khmer gov't to allow Madam Mu go with free of charges and also to let her help to influence our gov't in a positive way. Just imagine she is our big sister and usually brothers and sisters make mistake and then we should make up for it at the end of the day because we have the same blood. On the other hand if we hurt someone, we also hurt ourselves and it is not funny. Again, I pledge to Hun Sen to let it go and in return you will gain more support from all the people around the world in and out. Aust
ReplyDeleteDemocratic Kampuchea Pol Pot Khmer Rouge Regime
ReplyDeleteMembers:
Pol Pot
Nuon Chea
Ieng Sary
Ta Mok
Khieu Samphan
Son Sen
Ieng Thearith
Kaing Kek Iev
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
Committed:
Tortures
Brutality
Executions
Massacres
Mass Murder
Genocide
Atrocities
Crimes Against Humanity
Starvations
Slavery
Force Labour
Overwork to Death
Human Abuses
Persecution
Unlawful Detention
Cambodian People's Party Hun Sen Khmer Rouge Regime
Members:
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
Committed:
Attempted Murders
Attempted Murder on Chea Vichea
Attempted Assassinations
Attempted Assassination on Sam Rainsy
Assassinations
Assassinated Journalists
Assassinated Political Opponents
Assassinated Leaders of the Free Trade Union
Assassinated over 80 members of Sam Rainsy Party.
"But as of today, over eighty members of my party have been assassinated. Countless others have been injured, arrested, jailed, or forced to go into hiding or into exile."
Sam Rainsy LIC 31 October 2009 - Cairo, Egypt
Executions
Executed over 100 members of FUNCINPEC Party
Murders
Murdered 3 Leaders of the Free Trade Union
Murdered Chea Vichea
Murdered Ros Sovannareth
Murdered Hy Vuthy
Murdered Journalists
Murdered Khim Sambo
Murdered Khim Sambo's son
Murdered members of Sam Rainsy Party.
Murdered activists of Sam Rainsy Party
Murdered Innocent Men
Murdered Innocent Women
Murdered Innocent Children
Killed Innocent Khmer Peoples.
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Brutalities
Police Brutality Against Monks
Police Brutality Against Evictees
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Abuses
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Embezzlement
Treason
Border Encroachment, allow Vietnam to encroaching into Cambodia.
Signed away our territories to Vietnam; Koh Tral, almost half of our ocean territory oil field and others.
Illegal Arrest
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation bomb on Sokha Helicopter, while Hok Lundy and other military officials were on board.
Lightning strike many airplanes, but did not fall from the sky. Lightning strike out side of airplane and discharge electricity to ground.
Source: Lightning, Discovery Channel
Illegally Sold State Properties
Illegally Removed Parliamentary Immunity of Parliament Members
Plunder National Resources
Acid Attacks
Turn Cambodia into a Lawless Country.
Oppression
Injustice
Steal Votes
Bring Foreigners from Veitnam to vote in Cambodia for Cambodian People's Party.
Use Dead people's names to vote for Cambodian People's Party.
Disqualified potential Sam Rainsy Party's voters.
Abuse the Court as a tools for CPP to send political opponents and journalists to jail.
Abuse of Power
Abuse the Laws
Abuse the National Election Committee
Abuse the National Assembly
Violate the Laws
Violate the Constitution
Violate the Paris Accords
Impunity
Persecution
Unlawful Detention
Death in custody.
Under the Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed crimes against journalists, political opponents, leaders of the Free Trade Union, innocent men, women and children have ever been brought to justice.