The Appeals Court ruled Thursday in favor of disbarred lawyer Benson Samay and ordered the Cambodian Bar Association to reinstate him.
“The disbarment of Benson Samay was illegal,” said You Bunleng, one of the three judges who ruled for Benson Samay. “We looked at the bar association’s case and decided that it was not correct.”
Benson Samay was disbarred in August after he accepted a position as the country’s public notary, which many lawyers in the 250-member bar association considered a conflict of interest.
Benson Samay, whose clients include detained former Khmer Rouge commander Ta Mok, praised Thursday’s decision.
“I can now continue my position as Attorney at Law while at the same time conduct the duties of a Notary Public for Cambodia,” Benson Samay stated in a letter.
Benson Samay continued working as a lawyer after he was disbarred, saying that he technically was never informed by the bar of his removal.
The bar’s attorney said the association would continue its fight to prevent Benson Samay from practicing law.
“The bar association will respect the decision of the court, but we will file an appeal with the Court of Appeals because we do not agree,” said Nou Tat Rith, the bar’s attorney. “In my own opinion, I think the Appeals Court used an illegal procedure during Thursday’s hearing.”
He said the bar soon will soon file a complaint with the Appeals Court requesting a retrial.
Nou Tat Rith contended that the Appeals Court has no jurisdiction or power over the bar association. According to Article 25 of the Law on the Bar, however, the court can decide Bar Council decisions if the Bar Council, which is the 17-member steering committee of the bar association, has denied a complaint, as in the Benson Samay case.
The bar is responsible for mediating disputes between lawyers and clients and arguments between lawyers.
