Jailed Sam Rainsy Party Senator Hong Sok Hour’s bail hearing has been set for Wednesday, with his lawyers saying that they have deposited 10 million riel (about $2,500) in anticipation of a potentially favourable outcome.

The senator, facing charges of incitement, fraud and forgery over an allegedly fake border treaty used in a video posted to Facebook, has previously been denied bail as well as a motion to drop charges.

Sok Hour defender Choung Choungy said that the hearing will take place at 8am, and while the defence team decided to deposit the bail money to ensure an immediate release should the judge rule in their favour, the move should not be read as being overly optimistic.

“I would not talk about hope or no hope; as a lawyer, we are just doing [our job] technically and based on procedures,” he said.

Yin Sokuntheary, the appeal judge presiding over Sok Hour’s case, could not be reached for comment.

On October 7, the Phnom Penh Municipal Court decided to delay trial proceedings until further notice.

Without providing details, Choungy, said his team is obtaining exculpatory evidence from the Internet.