Jailed Khmer Rouge commander Nuon Paet will appear before the Supreme Court in September to appeal his conviction for the killing of 13 Cambodians and three Western tourists following a 1994 train ambush in Kampot province, lawyers said Monday.
The Supreme Court hearing—scheduled for Sept 4—will be the guerrilla leader’s second attempt to overturn a life sentence handed down in 1999 for the killings.
The Appeals Court upheld Nuon Paet’s conviction in October 2000 and rejected claims he was responsible for administration, and not military operations, at the former Khmer Rouge stronghold of Phnom Voar.
“I have already presented Nuon Paet with the summons and I am preparing to seek justice for my client,” said Nuon Paet’s lawyer, Dy Borima.
Ten new witnesses will testify at the Supreme Court hearing that Nuon Paet did not order the attack on the train or the killings, Dy Borima said.
Nuon Paet was one of three commanders in Kampot charged with the train ambush, the massacre of passengers and the kidnappings and later execution of three backpackers from Britain, France and Australia.
Australian David Wilson, 29, Briton Mark Slater, 28, and French citizen Jean-Michel Braquet, 27, were held prisoner for more than two months on Phnom Voar before being executed after negotiations for their release broke down.
Former Khmer Rouge commander Chhouk Rin was also charged in connection with the train attack, but was cleared by the courts in 2000.
However, Chhouk Rin’s acquittal has been challenged by lawyers representing the relatives of the slain backpackers. He is scheduled to appear in court on Aug 28.
Chhouk Rin, who still lives in the Phnom Voar area, is worried the Appeals Court will find him guilty, his lawyer, Puth Theavy, said.
“Chhouk Rin was very disturbed by the summons,” Puth Theavy said. “According to the government and the Cambodian court [Chhouk Rin] is innocent, but with pressure from donor countries, we don’t know.”
In acquitting Chhouk Rin in 2000, the court cited a 1994 law that granted amnesty to Khmer Rouge fighters who defected to the government. His acquittal angered Australian, British and French diplomats.
Meanwhile, Kar Savuth, lawyer for former Kampot regional commander Sam Bith, said Monday he was unsure when his client would stand trial.
Sam Bith was arrested in Battambang province in May and likely will become the third Khmer Rouge official to face trial in connection with the 1994 train attack and killings.
Sam Bith was allegedly in charge of Khmer Rouge forces during the train ambush. He is now being held at Prey Sar prison, where he awaits trial.
By law, uspects can be held for up to six months in pre-trial detention. But Municipal Court Investigating Judge Mong Mony Chakriya, who had been assigned to the Sam Bith trial, was recently moved to the Supreme Court, leaving the case largely untouched, Kar Savuth said.
“The case is stuck,” he said.
