Supreme Court Heard Son Chhay’s Appeal for defaming CPP and the National Election Committee


Buth Reaksmey Kongkea 

Candlelight Party (CP) vice-president Son Chhay on Feb 17, 2023 asked the Supreme Court to overturn the ruling of the lower court which had ordered him to pay $1 million in compensation to the ruling Cambodian People’s Party (CPP) and fined $5,000 for defaming CPP and the National Election Committee. 

 Chhay also asked the Supreme Court to find truth and justice for him.

Chhay, 66, is accused of criticising the preliminary 2022 commune election results organised by the NEC on June 5 last year. 

He was charged with “Public Defamation” under Article 305 of the Criminal Code and was sued by the NEC and the CPP over an interview in the Cambodia Daily on June 7, in which he was quoted as saying that the preliminarily 2022 communal election results organised by the NEC was not independent and did not reflect the “true will of the people” and “there are ballots theft”. 


During the hearing, Chhay confessed that he had really spoken with the Cambodia Daily at that time and that he was answering questions that the Cambodia Daily reporter asked him related to the reports of irregularities in commune election. 

He said he received such reports about the election process from his party’s observers as well as other partner political parties and the Committee for Free and Fair Elections in Cambodia (COMFREL).

“In my interview with the Cambodia Daily, I had just expressed my personal concerns and my advocacy on behalf of a political party leader and a politician so that the NEC will be aware and solve the problems,” he said. “I did not have any intention to defame the NEC or the ruling CPP.” 

He added that after the NEC had officially declared the results of the 2022 commune election, he and his party had accepted it. 

Ket Khy, one of Chhay’s defence lawyers, said that in law principal, one happening cannot create two facets.

Khy said that if the court created two facets in a case, it will also create double punishments for the accused. 

“In this case, the lower courts had created two facets in one defamation case and had fined my client twice by ordering him to pay 10 million riels (about $2,500) over NEC defamation and another 10 million riels in CPP’s case which is contrary to the principles of law,” Khy said.

“The lower court had also fined my client th maximum punishment even though it was his first mistake,” he said.

Khy asked the Supreme Court to transfer his client’s case back to the Phnom Penh Appeal Court for a retrial.

However, Ky Tech, the lawyer representing CPP, and Sam Sorida, NEC’s deputy-secretary-general, asked the Supreme Court to uphold the ruling of the Phnom Penh Appeal Court as effected.


According to the court’s document, Chhay was sentenced on October 7 by the Phnom Penh Municipal Court which fined him 9 million riel (about $2,500) in the NEC suit and another 8 million riel (about $ 2,000) to the CPP. 

The court also ordered him to pay 3,000 million riel (about $750,000) to the CPP. 

The Phnom Penh Appeal Court on December 14, 2022 upheld his conviction but increased his compensation payment to the CPP from 3,000 million riel to 4, 000 million rile (about $1 million). It also increased his fines to $5,000 each in both defamation cases.

 A verdict is due on Thursday.




 

 

 

 

 

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