Logo of Phnom Penh Post newspaper Phnom Penh Post - Lawyers move for judge’s removal

Lawyers move for judge’s removal

Lawyers move for judge’s removal

LAWYERS for former Khmer Rouge head of state Khieu Samphan have not yet filed a motion to remove the international co-investigating judge at the Khmer Rouge tribunal, but saidthey will do so today, following a similar motion filed by defendant Ieng Sary’s lawyers on Friday.

So Sovann, Khieu Samphan’s defence lawyer, said the motion against Judge Marcel Lemonde was to be filed on Monday but was delayed by the necessity of translating the document from French into Khmer.

“The complaint … describes the lack of neutrality and impartiality of Judge Lemonde,” he said. “I am filing this motion to show our cooperation [with Ieng Sary’s lawyers].”

The motion filed by Ieng Sary’s team on Friday was based on an account provided by Wayne Bastin, a former chief of the Intelligence and Analysis Unit of the Office of the Co-Investigating Judges.

In an affidavit signed on Thursday, Bastin said that during an August meeting, Lemonde stated his preference that investigators “find more inculpatory evidence than exculpatory evidence” in the case against four former regime leaders.

In the motion, Ieng Sary’s lawyers say Lemonde’s comments constituted “veiled instruction for the investigators to act in a complicit manner” in their client’s case.

Andrew Ianuzzi, a legal consultant for “Brother No 2” Nuon Chea’s defence team, said Lemonde’s comments were “irresponsible”, describing them as “another blow” to the tribunal’s reputation.

“If true, it could mean that he integrity of over two years of investigative work is now suspect,” he said by email.

When asked whether Nuon Chea’s team would also file a motion against Lemonde, Ianuzzi said it was “considering all of its options”.

Any motions filed will be forwarded to the court’s Pre-Trial Chamber for investigation.

Court spokesman Lars Olsen said Sunday that Judge Lemonde “does not wish to comment on the allegations” but would “provide the Pre-Trial Chamber with all necessary information”.

MOST VIEWED

  • LPG gas explosion injures 13 people, including foreigners, in Siem Reap

    An explosion on Wednesday at a liquid petroleum gas (LPG) car and tuk-tuk refuelling station in Siem Reap city has left 13 people, including an American and a Briton, suffering burns. The seven most severely burned, including a provincial police officer, were sent to a Thai

  • Over 100 Chinese nationals to be deported for online scam

    The Ministry of Interior is planning to deport 128 Chinese nationals after they were arrested in Preah Sihanouk province on Wednesday for their alleged involvement in an online money extortion scam. Y Sokhy, the head of the Department of Counter-terrorism and Transnational Crime, told The Post

  • More than 800 people test positive for HIV in 2018

    The National Aids Authority (NAA) said more than 800 people tested positive for human immunodeficiency virus (HIV) last year, joining over 76,000 others aged between 15 and 49 in the Kingdom already infected with the virus. The spread of HIV/AIDS in the Kingdom is showing few signs of

  • Rainsy vow to return on Nov 9 dismissed as ‘political warfare’

    An announcement from the Supreme Court-dissolved Cambodia National Rescue Party (CNRP) that its “acting president” Sam Rainsy would return to the Kingdom on November 9 was dismissed on Sunday as “political warfare”. The CNRP made the announcement on Friday after a permanent committee meeting chaired by