A Change of Guard

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Tuesday 19 April 2011

Fisherman charged with murder [faced with a mandatory death sentence in Malaysia]

Tuesday, 19 April 2011
By David Boyle and Cheang Sokha
Phnom Penh Post

A Cambodian fisherman charged with murdering his captain aboard a Thai vessel pleaded not guilty in a Malaysian court on Sunday while his brother denied attempted murder, a rights activist said yesterday.

Arifin Salleh, 27, was charged with murdering Thai national Phat Phetpuk in Malaysian waters at about 1pm on the March 27, a crime holding a mandatory death sentence, Aegile Fernandez, anti-human trafficking coordinator of Malaysia-based rights group Tenaganita said yesterday.

He was scheduled to face court yesterday along with his 25-year-old brother Kadir Salleh, who was charged with the attempted murder of a crew member, she said.

“The brothers have been charged with the murder of the captain and the attempted murder of another crew member - a Thai crew member of the boat,” she said, adding that they had also been charged with illegally entering Malaysia without travel documents.

Teneganita were in the process of finding a lawyer for the two brothers, she said, who were being held in a prison in the Malaysian state of Kuala Terengganu.

“That will take place this week, once we have a lawyer we can get more information because the police will not release any other information to us,” she said.

Koy Kuong, spokesman for the Ministry of Foreign Affairs said yesterday Cambodian embassy officials investigating the case in Malaysia had so far received no further information.

“Our embassy officials are communicating and following the information,” he said.

10 comments:

Anonymous said...

Cambodia Gov really slack with helping it own kind what drive the two brothers to commit such a crimes it must be the last resource Ministry of Foreign Affairs not really working hard and doesn't have any clues if those two brothers are US citizen malaysian polices can't interrogate without the present of the US embassy staffs otherwise they will violate US citizenship right. only the info we got it from rights activist they got bigger hearts than our gov consider this two brothers are lucky they watch after each other back what if just one Khmer a lone they just kill him and throw the body overboard that the end of story.
This will teach Thai boss to treat Cambodian employees decently and don't push cambodian employees too far otherwise they will face the consequence.

Anonymous said...

This is happen 3 weeks a go Malaysian Government should inform Cambodian Government about arrested of Cambodian citizens since the first hour this is the serious case it not the common criminals Cambodian government should read the UN charter exploit the mistakes the Malaysian authority make for our advantage and protest the matter with malaysian government.

Anonymous said...

All the witness are Thai citizens who know what happen how this two brothers are survive is unbelievable they must scare the hell those Thais on board at least 15 thai crews on the boat.

Anonymous said...

We not murder Malaysian citizen we may able to do prisoners swap our government must do what it take to get our people back home.

Anonymous said...

Article 89 of the UN convention of the Law of the Sea provides that no State may validly purport to subject any part of the High Seas to its sovereignty.
It could be the murder took place at High seas the smart lawyer may able to get those poor Cambodian off Hun Sen should utilize his good relation with Malaysian to bring two back homes .

Anonymous said...

CHAPTER I - DEPARTMENT OF JUSTICE

PART 50 - STATEMENTS OF POLICY

50.5 - Notification of Consular Officers upon the arrest of foreign nationals.

Read more: http://cfr.vlex.com/vid/consular-officers-upon-arrest-nationals-19679526#ixzz1JycSgiwy
VI. Mandatory Notification:
In some cases, "mandatory notification" must be made to the nearest consulate or embassy
"without delay,” regardless of whether the foreign national requests such notification.
Foreign nationals subject to mandatory notification requirements should otherwise be treated like
VIII. Consular Access to Detained Foreign Nationals:
Detained foreign nationals are entitled to communicate with their consular officers. Any
communication by a foreign national to his/her consular representative must be forwarded by the
Officer in Charge, or designee, to the consular post without delay.

Anonymous said...

I think they were badly treated by the Thai skipper, that's why they killed him. Maybe the Thai skipper torutred them as well, as happened with mmany trafficked Cambodian fishermen who lived and worked in slavery-like conditions without pay.

Anonymous said...

Malaysian violate UN convention by arresting Cambodian citizen without notifying Cambodia embassy .

Anonymous said...

We need two side of the coin the event is given by Thai nationals If a smoke must be a fire who start the fire .
We need to hear from our brothers side of story.
We not condone the murderer but we have to look what make him kill the man in self-defend at the mean time only god known the truth.

Anonymous said...

I would say I appreciate Khmerization for post this article again and again to my opinion Khmerization care about a little people that struggle for lives while most major newspapers care about big issues and forget how these a little people that make up the nation how the rich and the powerful people live without those a little people please keep up with your good work and god bless you Khmerization.