Logo of Phnom Penh Post newspaper Phnom Penh Post - New evidence for Nuon Chea appeal

New evidence for Nuon Chea appeal

New evidence for Nuon Chea appeal

Nuon Chea's defence team is requesting that the Khmer Rouge tribunal’s Supreme Court Chamber investigate new evidence as it weighs the team’s appeal against their client’s life conviction in August, according to a filing posted yesterday.

In the filing, the team argues that the lower chamber’s failure to solicit evidence from documentary filmmakers Thet Sambath and Rob Lemkin while Case 002/01 was being heard led to the exclusion of evidence that would have absolved Chea of responsibility for some of the regime’s crimes.

Lemkin asserted in an email midtrial that he had evidence that the massacre of ex-Lon Nol regime officials at Tuol Po Chrey had not been ordered by Chea and the Khmer Rouge central command, but the court declined to call him as a witness and made no mention of the email in its judgement.

What’s more, the filing continues, an interview with Sambath conducted after the Case 002/01 verdict indicates the existence of evidence supporting Chea’s past assertions that the crimes of the regime were not part of a master plan, as the court found in its judgment.

In a transcript of the interview included in the filing, Sambath says that, at first, he “did not believe one hundred percent or even ten percent what Nuon Chea had told me” about the regime’s crimes, including Tuol Po Chrey, being the results of factional disputes and undisciplined junior cadres.

“I did not believe what he was telling … [but] I keep doing research until I … struck it lucky, meeting both prison chief and supervisors, spies, i.e. investigators of those killings, and perpetrators – the ones who . . . planned the killings of the people,” Sambath is quoted as saying. “What Nuon Chea had said was true.”

Under the court’s rules, the Supreme Court Chamber is permitted to “examine evidence and call new evidence to determine the issue”, and “parties may submit a request to the Chamber for additional evidence provided it was unavailable at trial and could have been a decisive factor”.

MOST VIEWED

  • Chinese influx pushing locals, Westerners out of Preah Sihanouk

    Some within the Kingdom’s tourism industry have speculated that the recent influx of Chinese visitors may hinder domestic tourism as the price of accommodations in the coastal city of Sihanoukville continues to rise. Preah Sihanouk province, which has become a hotbed for Chinese investment

  • ‘Dire consequences’ from sanctions, warns AmCham

    American businesspeople in Cambodia have warned that any sanction against the Kingdom would have “dire consequences” that could push Cambodia even further into the arms of China. In a letter to US senators and representatives dated Monday, the American Chamber of Commerce Cambodia (AmCham) said

  • Preah Sihanouk beach developments halted

    After receiving an order from Hun Sen, Minister of Land Management Chea Sophara led a team of experts and relevant officials to Sihanoukville to call a halt to the illegal development of a beach. The prime minister ordered the Prek Treng beach in Otres commune

  • CPP: ‘Behave or Sokha suffers’

    The ruling Cambodian People’s Party (CPP) spokesman warned Kem Monovithya on Thursday that her attempt to damage “national reputation and prestige” would lead to her father, Kem Sokha, receiving even harsher punishment. Sok Eysan issued the warning as Monovithya, who is the court dissolved