The Supreme Court on Wednesday postponed its hearing for accused British fraudster Gregg Fryett’s request for the removal of a judge in the case, after the complainant accused the court of failing to abide by judicial rules.
Mr. Fryett, 47, who is facing 15 years in prison for allegedly forging public documents, filed a motion with the Supreme Court in April accusing Phnom Penh Municipal Court director Ang Mealaktei of malpractice and asking that all evidence collected under his purview be annulled.
On Wednesday, Mr. Fryett walked into the Supreme Court and submitted a petition requesting a postponement—on the grounds that he was only informed of Wednesday’s hearing the previous afternoon—then walked out.
Court clerk Tho Navy lobbied Mr. Fryett to return to the courtroom, arguing that the court had followed due process, but the Briton refused.
After hearing another case, Saly Theara, one of five judges on the Supreme Court panel, eventually granted Mr. Fryett his leave.
“The Supreme Court has decided to postpone the hearing because [Mr. Fryett] is sick and he does not have a translator,” Judge Theara said.
Outside the court, Mr. Fryett told reporters that he was only served a notice to appear before the court at 4 p.m. on Tuesday.
Article 466 of the Code of Criminal Procedure states that the minimum time period between the delivery of a summons and the date to appear in court is 15 days.
“I only found out about the hearing when a prison guard came to my cell [Tuesday] afternoon, handed me the jumpsuit and said I had to go to court in the morning,” Mr. Fryett said outside the courthouse.
“That is not enough time to organize my legal team and translator—I refuse to sit in any court without due process being followed. If I go in there without a translator, anything could happen,” he said.
Although the summons for Mr. Fryett to appear in court Wednesday is dated September 30—just eight days ahead of the hearing—Supreme Court prosecutor Chan Darareaksmey said: “We did follow correct procedure,” refusing to answer further questions.
In June, Mr. Fryett, chairman of Sustainable Agro Energy—an international company that sold shares in a failed biofuel project in Banteay Meanchey province—presented a letter to the municipal court charging that Mr. Mealaktei failed to properly investigate the case against him.
