A Change of Guard

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Saturday 21 April 2012

Ex-Governor [Chhouk Bandith] Charged Over Shooting

19th April, 2012
Radio Free Asia

Rights groups accuse prosecutors of playing down the case.

The former governor of a Cambodian city was charged Thursday with causing “unintentional injury” to three female factory workers after being the lone suspect in a shooting incident that had drawn the intervention of Prime Minister Hun Sen.

But rights groups contended that the charges leveled against Chhouk Bandit (pictured), ex-governor of Bavet city, had been diluted, saying he should have been charged with premeditated murder and criticizing court prosecutors for not applying the law to all Cambodians equally.

Hun Sen had issued a subdecree removing Chhouk Bandit as governor and appointing his deputy to replace him nearly a month after he allegedly fired into a crowd during a Feb. 20 demonstration over labor conditions at a textile plant in southeastern Cambodia.

But prosecutors appeared to have been dragging their feet on the case until Thursday, when they finally charged him over the incident.

Hing Bunchea, chief prosecutor for the Svay Rieng provincial court, said his investigations, which included testimony from the gunshot victims, showed that Chhouk Bandit had not intended to injure the three women.

“I have decided to charge him with the misdemeanor offense of ‘causing injury without intent’,” the prosecutor told the court.

“Based on the information I received, I decided to charge him with a misdemeanor because there is no evidence to show that he intended to cause injury to the three workers. This is based on the [testimonies of] victims and witnesses.”

Factory workers Bun Chinda, Keo Nei, and Nuth Sakhorn, all aged between 18 and 23, suffered gunshot wounds as they participated in a strike by thousands of workers demanding better conditions at the Kaoway Sports Ltd. factory in the Manhattan Special Economic Zone. Kaoway Sports Ltd. supplies footwear to German sportswear giant Puma.

All three were treated for their wounds at a nearby hospital.

According to initial reports, an unidentified gunman dressed as a bodyguard opened fire on the demonstrators, and escaped from the scene despite a heavy police presence.

All three victims have filed criminal complaints against Chhouk Bandit for premeditated murder, seeking nearly U.S. $100,000 in compensation for medical bills and other damages.

The victims said they had earlier been approached by his representative who offered them each a settlement of U.S. $1,000 to $2,500 to drop the case.

‘Premeditated murder’

Rights groups and workers unions slammed the prosecutors for pursuing only “light” charges against the former governor.

Sok Sam Oeun, executive of the Cambodian Defenders Project, told RFA that the ex-governor should have been charged with premeditated murder, accusing Hing Bunchea of ignoring the facts of the case and of wanting to let Chhouk Bandit off the hook.

“The prosecutor could only charge the ex-governor with a misdemeanor if the victims were armed,” Sok Sam Oeun said. “The victims were empty-handed and [Chhouk Bandit] was clearly in the wrong,” he said.

“This is not a case of causing injury. It is premeditated murder.”

Moeun Tola, head of the labor program at the Community Legal Education Center echoed the call for a heavier charge.

He said that his own investigation had shown that the ex-governor had in fact intended to shoot into the crowd.

“At least two of the victims were shot from behind, so the shooting was not unintentional. [Chhouk Bandit] fired into a crowd of hundreds of workers,” he said.

“The court should charge him with intent to cause injury or premeditated murder.”

And Free Trade Union President Chea Mony said the court’s charge showed that a culture of lawlessness reigns in Cambodia, particularly in cases related to high-ranking officials who could “influence” the judicial system.

“This is a case that we should take into consideration. Chhouk Bandit’s action was a shooting spree,” said the union chief, whose own brother, former Free Trade Union leader Chea Vichea, was gunned down in broad daylight in 2004. His killers are still at large.

Cambodia’s textile industry, which is the country’s third-largest currency earner after agriculture and tourism, employs more than 300,000 people, mostly women.

Strikes and protests are not uncommon at textile factories, where laborers often work long shifts for little pay.

Several murder cases of high-profile union leaders are still unresolved in Cambodia, and authorities have failed to bring suspects to trial.

Reported by So Chhivi for RFA’s Khmer service. Translated by Samean Yun. Written in English by Joshua Lipes.

9 comments:

Anonymous said...

This is how they pay to play in Cambodia including the legal system ( court) without applying the law, they applying Dollars$$$$$ from top to bottom! No questions ask under Criminister Hun Xen rule. And after he is no good use for them, they will put to rest like Ken Sara now in Pray Sae.

Anonymous said...

Without Hun Sen's protection, Chhouk Bandith would have been in jail now. If Chhouk Bandith is a normal citizen or an opposition activist, he would have been landed in jail a long, long time ago. The court in Cambodia is not a legal court, it is a political tool for the powerful and the rich to oppress the poor and the powerless.

Anonymous said...

Hing Bunchea, the provincial prosecutor must be charged over complicity with the criminal Chhouk Bandit. The Svay Rieng court is purely a farce that protects prominent CPP officials.

Anonymous said...

Come on, Men sam An and other powerful CPP officials. Do you really protect weak people from abuse? Is the the Court only YOUR instrument to defend your INTEREST?
Shame! The world sees clearly what kind of justice in Cambodia?

Anonymous said...

CPP officials and powerful people! What would happened if some one "touched" your children?

Anonymous said...

The Svay Rieng Prosecutor hing Bunchea will one day enjoy the same fate as Pursat prosecutor who is now in prison for corruption.

Anonymous said...

Dear Khmerization

My comment here is not related to this topic. But I just one Khmerization and other colleagues knowing about a bad news related to Thai Red Shirt group.

According to the credible source, Thai red shirt group had made traffic accident during their return. Their car had hit khmer people in Pouk area, they killed 1 khmer and injured few people but the police hadn`t stop their just allow them to go back to Thailnd freely. We are like animal.

Anonymous said...

What's a f&&%#king incompetence cops..! If it was true how in the world these khmers cops let those thieves gone free like that?...Do khmers lives has any value as a HUMAN-BEING?..Probably not huh!?...These thives probably intended to run over khmers and killed them just like they been doing in these decades.Did the KHMER MEDIA did any things to find justice for the victims? whats about Lady Yu Ay ambassador in Srok Siam did she open her slins eyes and look!?...

Lady You Ay,should be fire if she can do her job as ambassador to representation of khmers people victims caused by the thieves [Siamee] too sad to hear all of these happened on our soil,but no one care or do anything....

As the governor that shooting innocence protesters,put him in jail for attempted murder carry whatever the laws of Cambodia allows,please show the world that your justice system is not broken/blinded.Prove to the world that your Cpp capable of prosecutes these criminals,don't let this thug get off the hook...put his ass in prey sor jail and make him work hard in labor like these ladies that he shot.

Ladies that got shot,( victims) sue this thug with anything that he has for your suffering don't be afraid this thug,don't let him get away...

kun Khmer

Anonymous said...

when the end cames for the cpp and everyone involve with the scurity detail that allowed thai to come in and out freely should be executed along with their families, we dont need anymore disgrace to our heritage. dont give a F**K wht UN says when their time comes.