Ahmad Yaya and his nephew Ismael Pin Osman appeal sentence

Buth Reaksmey Kongkea

Former parliamentarian Ahmad Yahya and his nephew Ismael Pin Osman who both received 15-year sentences for human trafficking had their case transferred to the Appeals Court yesterday as there was evidence not considered by the lower court.

The evidence includes a list of the names of labourers recruited by Ahmad’s licenced company and sent to work overseas and charged under a law that didn’t exist at the time.

Ahmad, 70, former President of the Accent Group and also a former Social Affairs Ministry secretary of state; and  Osman, 49, former official at the Ministry of Public Works and Transport, were convicted of trafficking two women from Cambodia to work as housemaids in Saudi Arabia.

Presiding Judge Kong Srim said Ahmad and Ismael were sentenced on August 13, 2019 by the Phnom Penh Municipal Court to 15 years each in prison.

The court also ordered both of them to jointly pay 200 million riels (about $50,000) each to the women.

However, he said the lower court did not consider or have any report on some evidence.

“The Supreme Court decided to transfer the case to the Phnom Penh Appeal Court for retrial for the truth to be revealed and justice served,” Judge Srim said.

He added that the alleged crime happened in 2004 and four years later the law was created. 

Oum Bunthoeun, Ahmad Yahya’s lawyer, lauded the Supreme Court’s decision, claiming his client was innocent.

Bunthoeun said his client was charged under Article 11 of the Law on Suppression of Human Trafficking and Sexual Exploitation.

He said the law was established in 2008 and the crime allegedly took place in 2004.

“If my client had committed an offence as accused, he could not be arrested, detained or sentenced because the alleged crime happened before the law was created by the National Assembly,” he said.

Ahmad said that his company was a legal company, licensed and registered with the Ministry of Commerce.

He confirmed that his company had recruited about 300 Cambodian women including the two victims to work in Saudi Arabia.

However, he said he did not traffic the women to work in Saudi Arabia as accused.

He added that he did not know that the two victims had been exploited or sold by their employers in Saudi Arabia.

“I had pity for them and helped them find jobs in Saudi Arabia through my company and now I am a prisoner and convicted for 15 years because of my generosity,” he said.

“I am a former lawmaker, I know the laws and I respect the laws. I did not violate the laws or traffic anyone to work abroad as accused,” he added.

Ismael said that he did not know the two victims or send them to work in Saudi Arabia in 2004.

He said that at that time he was an official working with the Ministry of Public Works and Transport and did not have any free time to work for his uncle’s company.

“I was innocent and I knew nothing about this case,” he said.

Ismael was arrested by police in the anti-human trafficking department of the Ministry of Interior on February 11, 2018 while Ahmad Yahya was arrested on August 13, 2019.

They were arrested after they had recruited about 300 Cambodian women, some of them underage, via Ahmad Yahya’s company named “Accent Group” to work as housemaids for $120 to $200 per month from in Saudi Arabia between 2004 and 2017.