A Change of Guard

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Saturday 12 July 2008

The Hor Namhong’s Conspiracy: Is It A Contempt Of Court Or A Travesty Of Justice?

Read other Khmerization’s editorials regarding Hor Namhong vs. Sam Rainsy

Editorial by Khmerization

“The refusal of the Phnom Penh Court to receive Mr. Sam Rainsy’s evidence to refute defamation suit brought by Foreign Minister Hor Namhong has undeniably proven that the Cambodian courts are incapable of delivering justice to the people of Cambodia. The Phnom Penh Court has shown its sheer partiality regarding the Hor Namhong vs. Sam Rainsy’s defamation case. The court’s prosecutors, who are supposed to be the exemplary law-abiding citizens, have shown their utter contempt of court by fleeing the court to avoid receiving Mr. Sam Rainsy’s legal documents.”


My comments over this topic is long overdue and probably unwarranted. But when justice is at stake, and with the sheer bias shown by the CPP-controlled court is so evident, I am unable to remain silent but compelled to enter into the fray. In case people are wondering what I am talking about, I shall elaborate here: I am talking about the Cambodian court’s refusal to accept Mr. Sam Rainsy’s documents last Wednesday. (Read full report here).

The refusal of the Phnom Penh Court to receive Mr. Sam Rainsy’s evidence to refute defamation suit brought by Foreign Minister Hor Namhong has undeniably proven that the Cambodian courts are incapable of delivering justice to the people of Cambodia. The Phnom Penh Court has shown its sheer partiality regarding the Hor Namhong vs. Sam Rainsy’s defamation case. The court’s prosecutors, who are supposed to be the exemplary law-abiding citizens, have shown their utter contempt of court by fleeing the court to avoid receiving Mr. Sam Rainsy’s legal documents.

By fleeing the court to avoid receiving Mr. Sam Rainsy’s documents, those prosecutors had made a mockery of the judicial system, the very system that they have sworn to uphold and respect upon their appointments. And by initially shuttering Mr. Sam Rainsy out of the court, I am convinced that there is no doubt that the court officials are just following Mr. Hor Namhong’s instructions. To be point blank, it is a Hor Namhong’s conspiracy. If my assumption is right, then one would believe that it would take Mr. Sam Rainsy a miracle to win against Mr. Hor Namhong.

The Hor Nahmong vs. Sam Rainsy’s case has claimed a victim already - the incarceration of Mr. Dam Sith, the editor of the Moneaksekar Khmer newspaper which printed Mr. Sam Rainsy’s “defamatory” speech. With the assassination of Mr. Khim Sambor, a colleague of Mr. Dam Sith, and his 22-year old son yesterday, I can conclude that it has claimed three victims to date. The assassination of Mr. Khim Sambor and his son is not an isolated incident but premeditated and can be attributed to his many critical articles against many officials of the ruling Cambodian People’s Party. One can also assume and conclude that his killing was also linked to Mr. Hor Namhong’s defamation suit as a warning to Mr. Sam Rainsy to not to go too far in his defence against Mr. Hor Namhong. Mr. Sam Rainsy was said to have plenty of documents in his possession that can implicate Mr. Hor Namhong with the Khmer Rouge crimes. This is a factor which precipitated the court officials to hurriedly flee the court when Sam Rainsy went to submit these documents.

In a footnote to this editorial, I wish to express my view regarding Prince Thomico’s view about Mr. Sam Rainsy using his parents’, Prince Sisowath Methavy and Princess Nanette’s, testimonies to defend his case. Prince Thomico’s unhappiness is understandable. As a member of the royal family he doesn’t want Mr. Hor Namhong and his camp to trash the monarchy and to muddy and smear his parents good name. On the other hand, I believe that Mr. Sam Rainsy, a highly educated person from a patrician family, has no ill intention of doing any harm to the monarchy and the good name of Prince Thomico’s parents. He just need evidences to defend against Mr. Hor Namhong’s defamation suit. I am convinced that this is the only reason that he had used the testimonials of Prince Thomico’s parents as court documents.

In summing up, the behaviour of the court officials in their refusal to accept Mr. Sam Rainsy’s documents, by scuttering and scurrying out of the court, are repugnant and abhorrent. They have demonstrated a lack of respect for the laws and their action is a travesty of justice that must be condemned.

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