Sentence for Angkor ‘incitement’ upheld

Moeung Sonn (Photo: The Phnom Penh Post)

Thursday, 12 April 2012
Tep Nimol
The Phnom Penh Post

A controversial jail sentence handed to the head of a cultural organisation for suggesting a lighting project at Angkor Wat was damaging the temple was upheld by the Supreme Court yesterday.

Moeung Sonn, director of the Khmer Civilization Fund, was sentenced to two years in jail and fined 15 million riel (US$3,615) after raising concerns that workers installing lights at the 12th-century temple had drilled holes deep into the structure’s walls.

The lawsuit, brought against him by the government, was upheld on appeal yesterday, even though the obsolete 1992 UNTAC penal code charge of disinformation was amended to incitement last May.

KCF chairman’s conviction upheld in Municipal Court

Moeung Sonn

Wednesday, 25 November 2009
Meas Sokchea
The Phnom Penh Post

Phnom Penh Municipal Court upheld its verdict against Khmer Civilisation Foundation (KCF) chairman Moeung Sonn on Tuesday, ordering the absent defendant to serve two years in jail and pay a fine of 15 million riels (US$3,598).

In a retrial of a case originally decided on July 14, deputy prosecutor Ek Chheng Huot and government lawyer Pal Chandara argued that Moeung Sonn, currently living in France to avoid imprisonment, was guilty of disinformation for comments he made at a press conference in May that a light installation at Angkor Wat would damage the 11th-century temple. The KCF chairman subsequently appealed the decision.

“The accused has filed a complaint contesting the original verdict, but he does not have the confidence to show up here today, so I would like the court to uphold its decision,” Ek Chheng Huot said.

Sam Sokong, Moeung Sonn’s lawyer, told the court that his client had not engaged in disinformation, but had merely voiced valid concerns also aired elsewhere.

“He just said that the company [that installed the lights] did not perform its work properly. My client’s comments were not disinformation, and he had no intention to degrade the government’s reputation,” Sam Sokong said.

Sam Sokong added that he planned to lodge an appeal on Moeung Sonn’s behalf, and that Moeung Sonn would write new letters of apology to the government in hopes of securing an acquittal. Moeung Sonn had previously written a letter of apology to deputy Prime Minister Sok An, head of the Apsara Authority.

Pal Chandara said that Moeung Sonn’s comments were tantamount to incitement and defended the need for government action in the case.

“Moeung Sonn is not the only one who loves Angkor. We all love Angkor together,” Pal Chandara said. “Moeung Sonn’s allegations caused a strong reaction from the people, so if the government had not intervened on time, unrest would have occurred.”

Judge Chhay Kong said the hearing had done little to change his opinion from July’s decision, and reaffirmed the original prison term and fine levied in the case.

Speaking by phone from France, Moeung Sonn said there was no chance for him to receive a fair trial because he could not attend the hearing without fear of being arrested upon arrival in Cambodia.

“I did not attend because I was afraid of being arrested, but I do not have the intention to harm the government’s reputation,” he said.

Jail sentence for temple lighting critic

Thursday, July 16, 2009
By Robert Carmichael for Radio Australia

Human rights groups in Cambodia have condemned a two-year jail sentence handed down against the head of a nationalist charity.

The leader of the Khmer Civilisation Foundation was convicted in his absence for suggesting newly installed lighting at the historic Angkor Wat temple complex would damage the 11th century monument's stonework.

Moeung Sonn, who holds dual French-Cambodian citizenship, fled to France in June after the Government announced he would be charged with incitement and spreading false information.

Angkor Wat temple is the pre-eminent symbol of Cambodia and the Government said his comments could lead to civil unrest.

The court issued an arrest warrant for Moeung Sonn should he return.

It is the latest in a series of cases brought by the Government against people it perceives as critics.

One opposition MP said the Government was treating its opponents as "enemies of the state".

Human rights groups are appalled, with one describing Moeung Sonn's sentence as a grave injustice.

More cases brought by the Government are heading to court in coming weeks.

2-year jail sentence for Moeung Son and 15 million riels fine and damage compensation ($3,750) … just for protesting light installation in Angkor Wat

Tuesday, July 14, 2009
DAP-news
Translated from Khmer by Heng Soy

At 6:45PM on 14 July 2009, the judge of the Phnom Penh municipal announced the verdict for Moeung Son, Chairman of the Khmer Civilization Foundation (KCF), he is sentenced to 2-year in jail and fined 7 million riels ($1,750) and he must also pay 8 million riels ($2,000) to the Apsara authority. The court also ordered the authority to arrest him immediately after the announcement of his sentence for publishing false information and incitation perpetrated on 26 May 2009.

During the court hearing, Sar Sok Kong, Moeung Son’s defense lawyer, was present but Choung Chou-ngy was not, and Pal Chandara, the government lawyer and also lawyer for the Apsara authority, was present. Judge Chhay Kong and Ek Chheng Huot, the representative of the prosecutor, were present during the hearing, as well as lawyers, the public and numerous reporters.

During the hearing, Moeung Son’s lawyer requested for a delay, claiming that his client could not yet find proofs or witnesses on time. However, the prosecutor claimed that the court can take care of this case and it would still be legal. That was why the hearing started since 2:30PM and the verdict was not announced until 6:45PM.

On 26 May 2009, the government and the Apsara authority sued Moeung Son of spreading false information and incitation on the case of the Su Ching company drilling rocks on the temple to install night lights in Angkor Wat temple. After hearing this information, the Apsara authority clarified to the government and the public that the installation of these lights does not affect the temple, but Moeung Son kept on publishing his incitation information still. For example, Moeung Son claimed that lights with more than 1,000-watt heat capacity can turn metal to black color, as if it was burnt. However, expert claims that these spot lights are only 4-watt, and they do not affect the temple stone. Furthermore, reporters can see that holes in the temple rocks were not newly dug, they were remnant from the past. In summary, both the government and the Apsara authority maintained the claim that Moeung Son spread false information and he created incitation to create upheaval all over the country and in the world. Therefore, his action cannot be forgiven. Following the sentence, Moeung Son’s lawyer yelled that the court is unfair.