Cambodia court battle setback for Hamill [- u.n.Justice at the Khmer Rouge Tribunal]

Rob Hamill

17/05/2011
Waikato Times

Former Olympic and trans-Atlantic rower Rob Hamill has suffered a setback in his court battle over the murder of his brother more than 30 years ago.

Kerry Hamill was abducted by the Khmer Rouge in 1978 when his yacht strayed into Cambodian waters, and taken prisoner at Toul Sleng prison in Phnom Penh, where he was tortured and killed.

Rob Hamill is a civil party to a case against five people thought to be under investigation by the Extraordinary Chambers in the Courts of Cambodia for his killing, and other war crimes. Though the names of those being investigated have not been made public, Hamill believes two of them are military commanders Meas Muth and Sou Met, whom he has accused of crimes against humanity.

His claims against the pair include allegations of forced transfer, imprisonment (including severe deprivation of physical liberty), enslavement, torture, murder, and other inhumane acts. But in a statement released yesterday, Hamill said his applications to the court had been rejected by Judges Siegfried Blunk and You Bunleng

"The Co-Investigating Judges have, in essence, determined that I am not a `victim', contrary to the recognition and acknowledgment of my personal, direct and psychological harm ... respectively admitted my civil party claims," he said. "I am very disappointed in the reasons given for the rejection of my civil party claims."

Hamill is an applicant in four individual cases before the courts, and he was confused as to why the judges had ruled in his favour in two of them, but rejected his claims in two others, which he claimed were effectively identical. He said the court's rejection of his arguments appeared to be "politically motivated".

Speaking to the Waikato Times today, Hamill said possible legal issues on his future return to Cambodia meant he could not reveal the decision in full. He said he plans to appeal the rulings.