COURT OFFICIALS QUESTION PRIME MINISTER, DISMISS

UNCLAS PHNOM PENH 000387

SENSITIVE
SIPDIS

STATE FOR EAP/MLS, P, D, DRL

E.O. 12958: N/A
TAGS: PGOV PHUM PREL KJUS CB
SUBJECT: COURT OFFICIALS QUESTION PRIME MINISTER, DISMISS
MU SOCHUA'S COMPLAINT

REF: A. PHNOM PENH 368

B. PHNOM PENH 297

C. PHNOM PENH 295

D. PHNOM PENH 279

E. PHNOM PEHN 273

SENSITIVE BUT UNCLASSIFIED


1. (SBU) SUMMARY: Prosecutors from the Phnom Penh Municipal
Court dismissed the defamation complaint filed by Sam Rainsy
Party Parliamentarian Mu Sochua against Prime Minister Hun
Sen on June 10, after questioning the Prime Minister on June

8. END SUMMARY.


2. (SBU) Mu Sochua's lawyer, Kang Sam Onn, told Poloff on
June 10 that the Phnom Penh Municipal Court dismissed his
client's complaint that morning. Under Cambodian law, Mu
Sochua has 30 days to appeal the decision. Kang Sam Onn said
he needed to consult with his client before saying if they
intended to appeal.


2. (SBU) English-language newspaper The Cambodia Daily
reported that a prosecutor and deputy prosecutor from the
Phnom Penh Municipal Court questioned the Prime Minister in
his private office at the Council of Ministers building in
Phnom Penh on the evening of June 8. The Prime Minister's
lawyer, Ky Tech, told the reporter that the court had
summoned the Prime Minister to appear in court on June 8, but
the Prime Minister had security concerns about going to the
court building, so the prosecutors went to his office
instead. Post consulted with court sources who confirmed the
meeting happened, but would not offer details on the content
of the meeting.


3. (SBU) According to Ky Tech, the prosecutors asked the
Prime Minister about his April 4 comments (Ref E); the Prime
Minister acknowledged making the remarks, but continued to
deny that they referred to Mu Sochua.


4. (SBU) This was the first time the Prime Minister
discussed any of the defamation complaints directly with
court officials. Ky Tech appeared on behalf of the Prime
Minister in previous court sessions, when the court asked the
Prime Minister to provide support for the complaint filed
against Mu Sochua.


5. (SBU) The court summoned Mu Sochua and her lawyer on June
3 to defend against the Prime Minister's complaint (Ref A).
Afterwards, Mu's lawyer criticized the court for moving ahead
with the Prime Minister's complaint before following through
on Mu's complaint, which was filed first. Some local NGOs
expressed concern that the suits appeared to be receiving
unequal treatment. Sok Sam Oeun, from Cambodian Defenders
Project, stated that the "court must summon them (the Prime
Minister and Mu Sochua) together."


6. (SBU) In Ky Tech's complaint against Kang Sam Onn before
the Cambodian Bar Association, Kang Sam Onn was questioned by
an investigative panel on June 8, and Ky Tech appeared before
the panel on June 9. Ky Tech reportedly told the panel that
he wanted to press forward with the complaint, and reiterated
his primary grievance that Kang Sam Onn should not have
commented on the Prime Minister during an April 23 press
conference before the court ruled in the case (Ref A).


7. (SBU) Kang Sam Onn has repeatedly said that he does not
believe the Bar Association can make an independent decision
in this case. The President of the Bar Association denies
this concern. The panel is expected to forward their
findings to the 19-member Bar Council this week. The Bar
Council then makes the final decision on whether Kang Sam Onn
committed an ethics violation. The President of the Bar
Council publicly stated that Kang Sam Onn "will be suspended
from working as a lawyer for two years" if he is found to
have violated the code of ethics. (COMMENT: While this
penalty is permissible under the 1995 Law on the Bar, it is
one the most serious penalties - short of absolute
disbarment. That the Bar Association President is already
floating penalty recommendations, before the investigative
panel has submitted its findings and before the Bar Council
has met to discuss the situation, does not bode well for Kang
Sam Onn. END COMMENT.)
RODLEY