Refusal To Accept Appeal Drawing Criticism

The Municipal Court has re­fused to accept an appeal to the release of a Belgian national accused of raping his 14-year-old Vietnamese house maid—a move that was sharply criticized Monday by Minister of Women’s Affairs Mu Sochua.

She called the refusal by a Municipal Court clerk to accept the appeal documents “appalling.”

According to Mu Sochua, court clerk Say Pisith had no grounds to refuse the appeal documents from a lawyer representing the victim, who was allegedly raped earlier this year in Phnom Penh by Belgian Rudy Demasure.

“There is no way that the court does not accept an appeal,” Mu Sochua said, adding she will contact the Municipal Court director today if the appeal is again re­fused.

Charges of raping the minor were dropped against Demasure on June 22 after Investigating Judge Mong Mony Chakriya said the complaint was withdrawn by the victim and her family. The judge could not be reached for comment on Monday.

The victim’s lawyer, who works for the Human Rights Action Committee and spoke on the condition of anonymity, said he is appealing Demasure’s release on the grounds evidence was forged to gain the Belgian’s freedom.

Statements allegedly made by the victim and her parents retracting all complaints against Dema­sure were faked, the lawyer said.

Neither the victim nor her parents retracted the rape complaint, he said. They also did not know Demasure was released, the lawyer said, noting the appeal must be lodged by today, when a two-month window for an appeal expires.

Contacted Monday evening, clerk Say Pisith said he did not accept the appeal because the victim did not travel to the court to personally sign the appeal documents.

“I did not deny to accept the case, but I will only accept when the victim comes and gives a thumbprint,” said Say Pisith, adding that the complaint and the case was already dropped.

“I heard that the victim already got compensation from the perpetrator and this case was solved,” he said.

Chief Prosecutor Uk Savuth defended the release of Dema­sure  Monday but said the lawyer has the right to appeal.

(Addition­al reporting by Kim Chan)

 

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