Relatives of the victims of the seven-storey building collapse in Sihanoukville exiting the Supreme Court after the hearing on June 8. KIM SAROM
The Supreme Court on June 8 heard the case of a building collapse that killed 22 workers and injured another 24 in Preah Sihanouk province in 2019, one in which the Chinese owner pleaded that he could only pay $30,000 to all 53 civil complainants.
In the presence of 30 civil complainants, Judge Kong Darachat read out the case file involving four accused: Cheng Kun, the building owner; Deng Xin Gul, the Chinese contractor; and Gao Yu and Xie Ya Ping, both construction supervisors.
According to the case file, the Preah Sihanouk Provincial Court had sentenced the building owner to three years in prison for unintentional manslaughter and causing bodily harm on an involuntary basis, and with aggravated damage under articles 207, 236 of the Criminal Code.
Deng Xin Gul, Gao Yu and Xie Ya Pin received three-year sentences on each charge of conspiracy in unintentional manslaughter and causing bodily harm on an involuntary basis and with aggravated damage under articles 29, 207 and 236.
In addition to the jail terms, the four were ordered to pay compensation of 60 million riel (around $15,000) per death to the families of the 22 dead – a total of $330,000 – and 20 to 200 million riel ($5,000 to $50,000) to the 24 wounded workers.
Unwilling to accept the provincial court’s decision, the four filed grievances with the Preah Sihanouk Provincial Court of Appeal, which heard the case on May 6, 2021, and upheld the verdicts.
“The court decided that if the accused have no money to pay the compensation, they will be held in detention. Despite the accused serving their sentences, they are not permitted to return to China if they are yet to pay all compensation for the victims,” Judge Darachat said.
Cheng Kun told the judges through an interpreter on June 8 that he was willing to admit wrongdoing in what had happened in the early hours of June 22, 2019, but could pay only $30,000 to all 53 civil complainants.
“I served the three-year prison sentence. Why am I still jailed? I ask the Supreme Court to release me to return to China,” he said.
Tun Kimhuoy, lawyer for Cheng Kun, said her client had had a contract with the contractor, while she had contacted the Chinese embassy, which told her that Prime Minister Hun Sen had already donated money to the victims.
Em Bunny, one of the lawyers for the victims and the 53 civil complainants, said the accused had had only $30,000 to pay the victims. But he said such an amount could not compensate for the 22 lives lost, or the 24 injured people.
He said the construction had not been authorised by authorities, while engineers had found that the body of the building had tilted before the incident.
“So why were the builders allowed to add two more floors? he asked.
“The amount offered as compensation is not worthy of the loss of human life, while the humanitarian assistance of Prime Minister Hun Sen should never be used for civil compensation. I ask the court consider this case,” Bunny said.
Supreme Court Prosecutor Pen Sarath concluded by requesting the verdict be upheld.
So Mey, a 21-year-old resident of Ang Sophy commune’s Prey To Tueng village in Kampot province’s Kampong Trach district, whose brothers died in the accident, said after the hearing that she refused the $30,000 compensation offered for all the victims.
She added that when her brothers died, her family had received $10,000 money from Prime Minister Hun Sen per death.
“At first, my father filed a complaint demanding $60,000 per death, and I come here to demand this compensation.”
Presiding Judge Chiv Keng said the verdict will be announced on June 15.
