The Appeals Court postponed announcing its verdict Monday in former Khmer Rouge commander Chhouk Rin’s bid to overturn the life sentence he received last year for the 1994 murder of three foreign backpackers.
Chhouk Rin, 50, appeared in court for the first half of the trial Monday, testifying that he knew nothing about the train ambush by Khmer Rouge rebels that led to the deaths of 13 Cambodians and the kidnapping of an Australian, a Frenchman and a Briton. The three foreigners were later killed.
Judges Samreth Sophal and Saly Theara suggested that Chhouk Rin’s testimony contradicted his last appearance in court, reminding him that he had earlier claimed 20 soldiers from his unit were involved in the train attack.
On Sept 6, 2002, an Appeals Court decision sentenced Chhouk Rin to life in prison, reversing a 2000 acquittal by the Phnom Penh Municipal Court. Chhouk Rin petitioned for a new trial because he said that he was denied sufficient time to gather witnesses.
When Monday’s trial recommenced after a midday break, Chhouk Rin was absent.
The defendant’s lawyer Puth Theavy explained, “After this morning’s trial, my client almost had a heart attack and is now unable to come to court.”
Puth Theavy then passed a letter to presiding Judge Samreth Sophal that requested permission for Chhouk Rin’s absence.
Ouch Nuon, an associate of Chhouk Rin, said he was admitted to a hospital and put on an intravenous drip, the Associated Press reported.
“He developed some fever as a result of thinking too much about this,” Ouch Nuon said.
Chhouk Rin is charged with operating an illegal armed group, murder, illegal detention, theft of property, destruction of public property and terrorism.
General Prosecutor Kong Srim dropped the charge of operating an illegal armed group, explaining that the law banning the Khmer Rouge allowed a grace period of six months to those who defected to the government.
“[Chhouk Rin’s] defection was made according to the law, so he is not guilty of operating an illegal armed group,” Kong Srim said.
The trial continued in the defendant’s absence, as the remaining witnesses in Chhouk Rin’s defense took the stand.
Nearly all of the 15 witnesses verified Chhouk Rin’s story, acknowledging they had met him at the hospital where he claimed to be incapacitated when the train was ambushed
Two witnesses, who acted as go-betweens for the Cambodian military, carrying supplies and messages to the backpackers, also testified that it was not Chhouk Rin’s camp that they had visited.
In conclusion, the defendant’s lawyer, Puth Theavy, said that by dropping the charge of operating an illegal armed group, the prosecutor acknowledged Chhouk Rin had been engaged in war, and could therefore not be held accountable for the other charges.
Among the attendees at the trial were Jean-Claude Braquet, the father of the slain French backpacker and Australian Ambassador Annabel Mary Anderson.
Judge Samreth Sophal said the Appeals Court would read the new verdict at 7 am on Nov 5.
