Som Rasmey, whose life has been destroyed, must now live with the pain of knowing
her attacker will not spend one day in jail.
T
he first case of a viciously mutilated acid attack victim pressing charges against
her assailant has shocked legal observers by resulting in a two year suspended sentence
against the suspect.
On Dec 27, 2000 the Kampong Cham Municipal Court convicted Minh Rinath, 44, of assault
and battery for a Nov 6,1999 acid attack that has permanently disfigured 22 year
old Som Rasmey.
Kampong Cham Municipal Court Judge Tith Sothy dismissed a petition by Rasmey's lawyers
to upgrade the charges against Rinath to the felony offense of voluntary manslaughter
to reflect the seriousness of the crime. Sothy justified his ruling on the grounds
that Ranath had no intention of killing Rasmey but only sought to "...damage
her beauty because of jealousy".
Rinath's two year suspended sentence, which ensures she will never spend a day in
jail, dismayed observers from the Cambodian Office of the United Nations High Commission
on Human Rights (COUNHCHR) who monitored the trial proceedings.
"We are very disappointed," a COUNHCHR spokesperson said following the
verdict. "This woman [Rasmey] could have died and she's been scarred for the
rest of her life so it should have been judged as a felony, not a misdemeanor."
The COUNHCHR spokesman told the Post that the court's handling of the case and the
verdict had been riddled with inconsistencies.
"Even though Rinath confessed to the crime, she was never put in pre-trial detention
and then never even bothered to show up in court," the spokesperson said. "Then
the judge refused to consider Rasmey's application for compensation, disregarding
the fact that under Cambodian law compensation claims can be considered in a criminal
case."
Rasmey's lawyer Touch Volak questioned the seriousness of Judge Sothy's consideration
of the evidence, noting that on several occasions while Rasmey recounted the circumstances
of the crime Sothy interrupted and scolded her for wasting the court's time "...talking
about romance".
The court's verdict compounds the physical, mental and emotional agonies endured
by Rasmey since Rinath and four hired accomplices held her to the ground on Nov 6
1999 and poured two bottles of hydrochloric acid over her head, arms and back. The
attack was apparently motivated by Rinath's jealousy over Rasmey's relationship with
Rinath's husband, Colonel Lim Sok Heng of RCAF's Region 2 in Kampong Cham.
Som Rasmey, whose life has been destroyed, must now live with the pain of knowing
her attacker will not spend one day in jail.
At the time of the attack Rinath also seized Rasmey's newborn baby daughter, whom
Rasmey has never seen or heard of again.
Three days after the attack, Sok Heng abducted Rasmey from her hospital bed and took
her illegally to Ho Chi Minh City, where he confined her until she was able to escape
on May 1, 2000 and make her way by motorcycle taxi back to Phnom Penh.
In spite of threats of violence made by Rinath and Sok Heng against both her and
her family, on May 7 Rasmey filed criminal charges against Rinath that included a
demand of $50,000 in compensation and the return of her daughter.
The court's verdict and refusal to consider her demands for access to her baby and
compensation have left Rasmey devastated.
"I was born a natural beauty but now it is totally destroyed [and] I have never
received news whether my daughter is alive or dead," she said after the verdict
was handed down. "Rinath's attack was an attempt to kill me...the defense lawyer
and the judge were very unfair and I feel very upset because they protect a criminal."
Rasmey said that her disfigurement has obstructed her attempts to rebuild the semblance
of a normal life, saying that she had recently had to give up a roadside food stall
her family had helped her to establish because "...people are too frightened
and disgusted by my condition to do business with me."
Attempts by the Post to discover Rinath's whereabouts led to her luxurious five story
apartment on Street 63 in Phnom Penh.
Standing in front of a large photo of Lim Sok Heng shaking the hand of Prime Minister
Hun Sen, a youth who identified himself as Rinath's son told the Post that his mother
was currently in Laos negotiating a logging deal. The youth claimed to be unaware
that his mother had been charged with any crime and said he did not know when his
mother or father would be home.
Rasmey's lawyers plan to appeal the court's decision.
