VZCZCXRO5087
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0387 1610939
ZNR UUUUU ZZH
O 100939Z JUN 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0813
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

UNCLAS PHNOM PENH 000387 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, P, D, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL KJUS CB
SUBJECT: COURT OFFICIALS QUESTION PRIME MINISTER, DISMISS 
MU SOCHUA'S COMPLAINT 
 
REF: A. PHNOM PENH 368 
     ¶B. PHNOM PENH 297 
     ¶C. PHNOM PENH 295 
     ¶D. PHNOM PENH 279 
     ¶E. PHNOM PEHN 273 
 
SENSITIVE BUT UNCLASSIFIED 
 
¶1.  (SBU) SUMMARY: Prosecutors from the Phnom Penh Municipal 
Court dismissed the defamation complaint filed by Sam Rainsy 
Party Parliamentarian Mu Sochua against Prime Minister Hun 
Sen on June 10, after questioning the Prime Minister on June 
¶8.  END SUMMARY. 
 
¶2.  (SBU) Mu Sochua's lawyer, Kang Sam Onn, told Poloff on 
June 10 that the Phnom Penh Municipal Court dismissed his 
client's complaint that morning.  Under Cambodian law, Mu 
Sochua has 30 days to appeal the decision.  Kang Sam Onn said 
he needed to consult with his client before saying if they 
intended to appeal. 
 
¶2.  (SBU) English-language newspaper The Cambodia Daily 
reported that a prosecutor and deputy prosecutor from the 
Phnom Penh Municipal Court questioned the Prime Minister in 
his private office at the Council of Ministers building in 
Phnom Penh on the evening of June 8.  The Prime Minister's 
lawyer, Ky Tech, told the reporter that the court had 
summoned the Prime Minister to appear in court on June 8, but 
the Prime Minister had security concerns about going to the 
court building, so the prosecutors went to his office 
instead.  Post consulted with court sources who confirmed the 
meeting happened, but would not offer details on the content 
of the meeting. 
 
¶3.  (SBU) According to Ky Tech, the prosecutors asked the 
Prime Minister about his April 4 comments (Ref E); the Prime 
Minister acknowledged making the remarks, but continued to 
deny that they referred to Mu Sochua. 
 
¶4.  (SBU) This was the first time the Prime Minister 
discussed any of the defamation complaints directly with 
court officials.  Ky Tech appeared on behalf of the Prime 
Minister in previous court sessions, when the court asked the 
Prime Minister to provide support for the complaint filed 
against Mu Sochua. 
 
¶5.  (SBU) The court summoned Mu Sochua and her lawyer on June 
3 to defend against the Prime Minister's complaint (Ref A). 
Afterwards, Mu's lawyer criticized the court for moving ahead 
with the Prime Minister's complaint before following through 
on Mu's complaint, which was filed first.  Some local NGOs 
expressed concern that the suits appeared to be receiving 
unequal treatment.  Sok Sam Oeun, from Cambodian Defenders 
Project, stated that the "court must summon them (the Prime 
Minister and Mu Sochua) together." 
 
¶6.  (SBU) In Ky Tech's complaint against Kang Sam Onn before 
the Cambodian Bar Association, Kang Sam Onn was questioned by 
an investigative panel on June 8, and Ky Tech appeared before 
the panel on June 9.  Ky Tech reportedly told the panel that 
he wanted to press forward with the complaint, and reiterated 
his primary grievance that Kang Sam Onn should not have 
commented on the Prime Minister during an April 23 press 
conference before the court ruled in the case (Ref A). 
 
¶7.  (SBU) Kang Sam Onn has repeatedly said that he does not 
believe the Bar Association can make an independent decision 
in this case.  The President of the Bar Association denies 
this concern.  The panel is expected to forward their 
findings to the 19-member Bar Council this week.  The Bar 
Council then makes the final decision on whether Kang Sam Onn 
committed an ethics violation.  The President of the Bar 
Council publicly stated that Kang Sam Onn "will be suspended 
from working as a lawyer for two years" if he is found to 
have violated the code of ethics.  (COMMENT: While this 
penalty is permissible under the 1995 Law on the Bar, it is 
one the most serious penalties - short of absolute 
disbarment.  That the Bar Association President is already 
floating penalty recommendations, before the investigative 
panel has submitted its findings and before the Bar Council 
has met to discuss the situation, does not bode well for Kang 
Sam Onn.  END COMMENT.) 
RODLEY