An appeals court is scheduled today to hear the case of Nuon Paet, the only former Khmer Rouge commander sentenced for the 1994 train ambush that led to the deaths of three Western backpackers.
Nuon Paet was sentenced to life in prison last year in June for ordering the ambush in Kampot province. The tourists from France, Britain and Australia were held for more than two months before they were executed.
Some human rights workers had criticized Nuon Paet’s trial, saying the verdict seemed prewritten. The judge cited evidence that wasn’t presented during the trial when announcing the verdict.
Dy Borima, Nuon Paet’s lawyer, says his client was treated unfairly because he was questioned by military officials, without the presence of a judge, prosecutor, and court clerk, as required by law.
“I hope he will be freed and have the same fate as Chhouk Rin,” Dy Borima said.
Chhouk Rin, another former Khmer Rouge commander who became a colonel in the government army, was found not guilty in July for his alleged involvement in the train attack. The judge cited a law that gave rebels who defected to the government immunity for crimes committed during their years with the Khmer Rouge.
The government is now appealing the Chhouk Rin verdict.
Nuon Paet did not defect to the government. The top former rebel also linked to the ambush, Sam Bith, had been summoned for questioning in January, but he never showed up at court and it is unclear as to whether he will ever face prosecution.
Both Chhouk Rin and Sam Bith testified against Nuon Paet in his trial. Nuon Paet was convicted of murder, terrorism, unlawfully detaining people, destruction of public property and robbery.
Put Theavy, Chhouk Rin’s lawyer, is helping Dy Borima on the Nuon Paet case. He met Nuon Paet on Monday to discuss the appeal.
Put Theavy said he hopes Nuon Paet will be acquitted of some of the charges against him and that his sentence would be reduced to a 3- to 10-year term.
Appeals Court Judge Sam Rith Sophal said Nuon Paet’s fate will depend on the evidence presented and that he will make a decision “following the law.”
