Prosecutor unhappy with Appeal Court amending charges of a police officer
Buth Reaksmey Kongkea
A Court prosecutor has filed an appeal case on Friday in the Supreme Court against an Appeal Court ruling to amend the charges of a senior penal police officer and sentencing him to only three years in jail and subsequently order his release for attempting to kill a businessman and causing his pregnant wife to be unconscious by smashing the mirror of his car window, all because he overtook his car.
The Phnom Penh Appeal Court had amended his initial charge of ‘attempted murder and unauthorised holding weapons’ to ‘intentional acts of violence with aggravating circumstances’.
Presiding judge Nil Nol identified the accused as Duong Nakry, 49, the former Deputy Chief of Penal Police Department in the Ministry of Interior living in Boeng Keng Kang 3 commune, in Phnom Penh’s Chamkarmon district.
The two victims were identified as Phoris Storann, 37, director of a security company living in Prek Pra commune, in Phnom Penh’s Chbar Ampov district and his wife Taing Sokleng, 33, a Naga World Hotel staff.
Judge Nol noted that in this case, Nakry who was arrested on May 2, 2019 was sentenced on January 5, 2020 by Phnom Penh Municipal Court to 10 years in prison after he was found guilty of “attempted murder and unauthorised holding weapons" under Articles 27 , 199 and 490 of the Criminal Code.
When the case came up at the Phnom Penh Appeal Court the charge was amended to “intentional acts of violence with aggravating circumstances” and the sentence reduced to five years.
However, the amended charge was appealed by the Appeal Court prosecutor to Supreme Court and during the appeal hearing, Nakry admitted committing the offence but not with the intention of killing the victim.
He said he was drunk that night and had fired a shot at the victim’s car because he was angry for overtaking his car and trying to flee.
He urged the court to uphold the Phnom Penh Appeal Court ruling and release him from prison.
A verdict is due on March 4.
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