AUSTRALIAN PEDOPHILE CONVICTED DESPITE WITNESS WITHDRAWAL

UNCLAS PHNOM PENH 001165

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR G/TIP, EAP/MLS and EAP/RSP
GENEVA FOR RMA

E.O. 12958: N/A
TAGS: PHUM PREL KWMN CB
SUBJECT: AUSTRALIAN PEDOPHILE CONVICTED DESPITE WITNESS WITHDRAWAL



1. (SBU) Summary: The Phnom Penh Appeals Court has upheld the
conviction of an Australian pedophile despite the withdrawal of
complaints against the accused by nine of ten witnesses. We are
pleased that the Cambodian court relied on forensic evidence to
uphold the conviction and did not let itself be swayed by the
withdrawal of the witnesses' complaints. End Summary.


2. (U) On June 9, despite the withdrawal of complaints against
accused Australian pedophile Bart Lauwert by nine of the ten
witnesses, the Phnom Penh Appeals Court upheld its sentence of a
20-year jail term because forensic evidence pointed to Lauwert's
guilt.


3. (U) Lauwert's former Phnom Penh roommate, Clinton Betteridge,
who in 2003 had been convicted in absentia to 10 years in prison
after fleeing Cambodia for Australia, was released from an
Australian prison that same day. According to press reports, the
Australian Justice Minister cited as the basis for Betteride's
release the Cambodian government's failure to respond to a request
for a retrial and the fact that witnesses had recanted their
testimony. Betteridge also claimed that he had been tortured while
in Siem Riep prison. The witnesses who had recanted their
testimonies accused CWCC of having offered them $5000 each to
testify against the Australians and keeping them in a shelter
against their will.


4. (SBU) Cambodian Women's Crisis Center (CWCC) Director Oung
Chanthol expressed disappointment with Australia's release of
Betteridge, claiming that there was more than enough evidence to
secure a conviction, including pornographic material, photographs of
the victims, graphic testimony and drugs. She also dismissed the
claim that police tortured Betteridge in jail. Chantol added that
she thought the allegation that CWCC paid the victims for their
testimony was an attempt to exact revenge on CWCC for its role in
gathering evidence in the case.


5. (U) Pedophile message board members have launched multiple
websites in support of the two pedophiles. On these websites, photos
of CWCC staff are posted to alert other pedophiles, as well as
information that teaches ways to intimidate CWCC can also be found.
Other sites contain statements exonerating the pedophiles and
generic letters addressed to Australian government officials for
readers to print and sign.


6. (SBU) Comment. Often in Cambodia, witnesses withdraw their
complaints or refuse to provide testimony in criminal cases because
of threats or bribes. We are pleased that, despite the witnesses'
withdrawal from this case, for once the Cambodian courts appear to
have done the right thing in upholding Lauwert's sentence by relying
on overwhelming forensic evidence.

MUSSOMELI