Wednesday, 29 April 2009

Defamation lawsuit filed against Hun Sen: the prime Minister counter-attacks

Ka-set

By Duong Sokha
28-04-2009

The controversy surrounding the attack against Sam Rainsy Party MP Mu Sochua is far from losing ground. During the attack, the buttons of her blouse loosened because of an altercation with an officer, as the July 2008 legislative elections campaign was in full swing. While the elected representative filed a complain against the prime Minister of Cambodia for defamation and insults, as she said she would, Hun Sen struck back by also filing a lawsuit against her, without however officially explaining the grounds for this judicial action.

On Monday April 27th, both parties asserted they submitted a complaint against each other at the Phnom Penh Municipal Court. The Court allegedly received and registered their respective complaints.

Mr Kong Sam Onn, Mu Sochua’s lawyer, indicated that he submitted the complaint for defamation and insults against the head of government at 8.35am at the Phnom Penh Municipal Court. The lawsuit is based on the amended Article 63 of the UNTAC (United Nations Transitional Authority in Cambodia) Penal Code, which includes a 1 to 10-million riel fine (from 250 to 2,500 USdollars) should the defendant be sentenced.

At a press conference held on Thursday April 23 at the headquarters of the opposition party in Phnom Penh, the SRP deputy, who represents the Kampot province, explained that she reproached Hun Sen for publicly suggesting, without saying any names but by making rather clear allusions, that the opposition MP’s behaviour was “provocative” and that “she lunged towards a man to kiss him, so much so that the buttons [of her blouse] popped out”. Mu Sochua, deputy secretary-general of the Sam Rainsy Party, reckons the words of the head of government broadcast in public affect “her honour and dignity as a woman. She asks for 500 riels as a token compensation and public apologies from the prime Minister.

For his part, Ky Tech, lawyer for the head of government, confirmed to Ka-set that a complaint was filed on Monday morning against Mu Sochua. However, he does not to want to disclose the official reason for the complaint. “I am filing a lawsuit against Lok Chumteav Mu Sochua and the persons concerned. The claimed compensations amount to 10 million riels per person”, Ky Tech said. The lawyer, who used to be the president at the Bar of Cambodia, remained vague about the identity of those “persons concerned”.

Khieu Kanharith, the spokesperson for the prime Minister’s government and political formation (the Cambodian People’s Party (CPP), proved more talkative and indicated it was a complaint for defamation. “At the beginning, Samdech [Hun Sen] did not want to file any lawsuit. But she [Mu Sochua] called for the civil society and foreigners who have criticised Samdech in writing, which affects Samdech’s honour. If Samdech did not react in such a way, it would mean that he made a mistake”, the spokesman said. Khieu Kanharith, who also holds the title of Minister of Information, pointed out that in case justice requires the suspension of Mu Sochua’s parliamentary immunity, the response of CPP MPs, who are by far in greater number in the National Assembly, would be in favour of it.

Mu Sochua, for her part, declared that she “welcomed” the prime Minister’s complaint against her, and stressed that all citizens should be entitled to claim their legal rights. “I am not worried at all. Should my parliamentary immunity be suspended, then the prime Minister’s should be suspended as well. I am only asking justice to work in a fair way in order for the Law to be implemented and victims to find respect”, the Cambodian opposition deputy insisted.

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