Thursday, 12 March 2009

Former Phnom Penh police commissioner Heng Pov keeps silent at 7th trial

Ka-set

By Duong Sokha
10-03-2009

Former Phnom Penh municipal police commissioner Heng Pov appeared on Tuesday March 10th before the Phnom Penh Municipal Court as part of a case of complicity in the attempt of murder, with premeditation, of military police chief Sao Sokha, in December 2003. Five other former policemen and military police are targeted by Justice in this case, four of whom were present at the court hearing. The fifth one has escaped from the Prey Sar prison. The starting point to this dossier is an anonymous threat letter, which was sent to the top military police chief on December 22nd 2003 to inform him that a murder attempt was being prepared against him by a group of men supervised by Heng Pov. The verdict will be issued on Thursday March 12th. The former Phnom Penh commissioner, now aged 51 and prosecuted for several crimes, has already got, with the past six trials, a sentence which totals 58 years in prison.

No lawyer of his own choice, no testimony…
After having questioned one after the other the four suspects who all denied their guilt and claimed they were innocent, Judge Iv Kimsry called Heng Pov to the bar. But the latter, dressed in blue pyjamas worn by prisoners, refused to answer the judge’s questions and rejected the assigned lawyer he was offered, called Nou Chantha. “I am happy that the Court is opening my trial but I ask Justice to respect the procedure of Defence. I am prevented from accessing my bank accounts to pay for my lawyer’s [Kao Soupha] fees. How can the court judge me when it is violating the procedure itself?”, the accused said, outraged, asking the judge to quote for him the law that forbids the defendant to choose his defender. The judge was unable to answer the former commissioner’s question.

Due to the freezing of his bank accounts by the judicial system, Heng Pov denounced the fact that he was not in a position to finance his grandchildren’s school fees or to buy medication either. “I therefore allow myself not to answer [the Court’s questions] as long as I will not be able to pay my professional lawyer. I never asked the Court to bring me any legal assistance. I can find my own lawyer”, Heng Pov said firmly to the judge.

The story of an argument at a banquet
Despite Heng Pov’s silence, the judge pursued the hearing. The court clerk then read out the confession made by Heng Pov before the Phnom Penh Municipal Court Investigating Judge, back in January 2007, according to which, he said that in 2002, he had had an argument with Sao Sokha at a banquet organised in a restaurant. But later on, the two men had made up, Heng Pov said.

“After our argument, I declared to my subordinate policemen that if ever I was killed, it would be Sao Sokha [behind the murder] because he threatened me and asked me to turn a blind eye on drug trafficking which, he used to say, did not affect Cambodians but foreigners, since Cambodia is just a transit country. Then, His Excellency Hok Lundy told me that Sao Sokha and his wife had come to see him to apologise and meet me. I said it was not worth it. As for the anonymous letter, I did not write it and I never asked Ly Rasy, Hang Vuthy and Hang Vutha [three of the other accused] to kill Sao Sokha », the court clerk read out, still quoting Heng Pov’s confession.

The clerk then took Sao Sokha’s confession. The latter confirmed the story of the argument with Heng Pov at a banquet organised by Hok Lundy (the former general national police commissioner killed in a helicopter crash on November 9th 2008 ). The next day, the general discovered in the press the account of their argument, recounting the scene as follows: Sao Sokha allegedly pointed a gun at Heng Pov, who in turn pointed his own at Sao Sokha. It is only later that he received the anonymous letter. Heng Pov, resigning himself to take the floor, repeated that Sao Sokha had asked him to stop his “work”, without revealing more information to the judge, otherwise he “might die in prison”. To finish, Heng Pov did not formulate any wish before the Court and asserted that Justice could not help him in such a case.

No comments: