appeal court

The Wind Changes Its Direction: Chea Ratha Was Sentenced to Serve 18 Years in Prison – Saturday, 28.11.2009

The Mirror, Vol. 13, No. 640

“Phnom Penh: The Appeals Court of Cambodia issued a surprising decision, sentencing Ms. Chea Ratha [a former military police brigadier general, who had a lesbian relationship with actress In Soklida] for 18 years to jail for an acid attack against the aunt of the actress In Soklida, and also other accomplices are to be imprisoned. The decision made by the Appeals Court at this time is totally in contrast to the former decisions made by the Phnom Penh Municipal Court to dismiss the accusations against the accused persons.

“The acid attack against Ms. In Soklida’s aunt had been brought for a hearing and judgment by the Appeals Court on 27 November 2009, with Mr. Seng Sivutha as the head of the council of judges, with Mr. Nhoung Thul and Mr. Thou Monei as members, and with Mr. Hean Rith as representative of the prosecutors.

“The judgment decided to uphold Decision 82, dated 31 August 2009, of the Phnom Penh Municipal Court, but rejected Point 1, which is related to punishments for all who had been charged. The new decision of the Appeals Court exempts Meas Mao, male, 40; and Meas Chandy from the charge of illegal gun use, but sentenced them to serve 18 years in prison for violating the right of an individual, and for planned and attempted murder. Chea Ratha, female, 43, was removed from the charge of illegal use of a weapon, but she is convicted to serve 18 years in prison for planned and attempted murder. Ie Puthea, male, 33, and San Savuth, called San Sanut or Nut, 29, were freed from the charge of using a weapon illegally, but are to be imprisoned for 15 years for violating the right of an individual, and for collusion in a planed and attempted murder. Siek Sophal, male, was removed from the charge of using a weapon illegally, but is to be jailed for 15 years. Chan Dara, male, was removed from the charge of using a weapon illegally, of violating the right of an individual, and of collusion in an attempted murder, that means he is free from all accusations. All the six accused persons were ordered to pay to cover the cost of the medical treatment and to compensate the plaintiff with US$100,000, and an arrest warrant was issued to arrest those who escaped.

“It should be noted that the acid attack against Ms. In Soklida’s aunt occurred on 8 May 2008 in front of the RHAC Hospital on street 433, Tuol Tumpung 1, Chamkar Mon, Phnom Penh.

“The Phnom Penh Municipal Court had sentenced to dismiss the accusations against all accused persons, but the plaintiff’s lawyer later appealed against this judgment, and there was also a complaint from the prosecutor of the Appeals Court dated 23 September 2009.

“The reason leading to this new judgment is that there was an acid attack against the victim Ya Sok Nim, Ms. In Soklida’s aunt, by two unidentified persons, who rode a 2008 Viva motorbike, and then stopped behind her to attack her with acid, and escaped.

“After the event, the victim’s husband lodged a complaint to the authorities to solve the case according to the law, but he could not identify the perpetrators’ faces.

“According to a note of the victim read by a clerk, a day ahead of the attack, bodyguards and Chea Ratha came to her house to ask for information about her niece (In Soklida), but she said that she did not know where she was. They asked to check in the house, but they still could not find her. Then they left.

“A few days later, Chea Ratha phoned to warn her, ‘If you do not deliver In Soklida, there will be bloodshed.’ This i was recorded, and her voice was played in the municipal court. Later on, the acid attack happened on 8 May 2008.

“Sok Chey, a person who witnessed the event, said he saw two men, whose faces he could not identify as they wore masks, but remembers their appearance, as they appeared behind the victim, attacked her with acid, and escaped.

“After that, police arrested two perpetrators, after showing their photos to the victim. The victim was sure that they were the perpetrators, bodyguards of Chea Ratha, as the victim had gone to the accused’s house [Mr. Chea Ratha’s house].

“After hearing the information and conclusions from the prosecutors, the Appeals Court took the decision as mentioned above.” Rasmei Kampuchea, Vol.17, #5059, 28.11.2009

Note:

The Camboia Daily reported on Saturday/Sunday 28/29, November 2009:

“Mr. Ratha’s defense attorneys Keo Ya and Nach Try, who had lobbied Cabinet Minister Sok An ahead of the municipal court trial of Mr. Ratha seeking his intervention to have the case dropped, said they were unaware of their client’s whereabouts. Council of Ministers spokesman Phay Siphan said on Thursday that the lawyer’s letter was not considered in any way by Mr. Sok An, as it was the work of the courts.”

“There was no report that the office of the Deputy Prime Minster rejected this attempt, requesting an illegal act of influencing the court.”

Newspapers Appearing on the Newsstand:
Saturday, 28 November 2009

Deum Ampil, Vol.3, #348, 28.11.2009

  • The Asian Development Bank Provides a US$10 Million Loan to Cambodia to Counter the Impacts of the Economic Crisis
  • Cambodia Has a Family Counseling and Strengthening Center Called “Mlub Kruasa Center [“Family Shade” – in Phnom Penh, assisted by the French government]

Kampuchea Thmey, Vol.8, #2110, 28.11.2009

  • [Former Tuol Sleng prison chief] Duch Asked the Court to Release Him [he said so during the last hearing of Case 001 on 27.11.2009 at the Khmer Rouge Tribunal]
  • Because Somebody Just Looked Straight at His Face, Man Drew a Gun and Shot to Kill Another Man among the Crowd [the victim was injured while the perpetrator was arrested – Phnom Penh]
  • A Ghanaian Man Was Arrested after His Girlfriend Reported that He Was Involved in Cross Border Drug Smuggling [Phnom Penh]

Khmer Machas Srok, Vol.3, #541, 28.11.2009

  • [Sam Rainsy Party parliamentarian] Son Chhay Asked [Prime Minister] Hun Sen to Send the Border Demarcation Document with Yuon [Vietnam] to the National Assembly

Koh Santepheap, Vol.42, #6817, 28-29.11.2009

  • A Loan from Thailand Was Canceled, but Government Officials Said that Cambodia Has Sufficient Resources to Improve the 117 km of Road 68 [spending about US$41 million without the Thai loan -the Road 68 goes from Kralanh district in Siem Reap to Ou Smach and Samrong districts in Oddar Meanchey]
  • Nineteen Companies Received Economic Concession Land of More Than 80,000 Hectares, where Some Companies Are Having Disputes with Citizens [according to a report of the forestry authorities in Kompong Thom]

Rasmei Kampuchea, Vol.17, #5059, 28.11.2009

  • The Wind Changes Its Direction: Chea Ratha Was Sentenced to Serve 18 Years in Prison
  • In 2010 the State Starts to Collect Tax from House Owners [at 0.1% of a the value of a house]
  • The Sihanoukville Port Announced the Start the Construction of a Special Economic Zone [on 70 hectares of land]
  • Two Girls Who, They Are Aunt and Niece [to each other, 6 and 7 years old] Were Raped by a 14-Year-Old Boy [the teenage boy was arrested – Banteay Meanchey]
  • [Thai Minister of Foreign Affairs] Kasit Piromya: Thailand Will Not Negotiate with Cambodia as Long as [Thai fugitive ousted prime minister] Thaksin Shinawatra Is Still Advisor [of the Cambodian government and of Prime Minister Hun Sen]
  • A Suspect Involved in the Massacre in the Philippines Was Charged

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