The Supreme Court on Wednesday heard the appeal of a former policeman who was jailed in 2016 for the illegal use of a weapon and theft of a car in Phnom Penh’s Por Sen Chey district.
Horn Somnang told Supreme Court judge Kim Sothavy that his senior supervisor had given him $3,000 to purchase timber from the victim to build a gate. However, he said, after the victim received the money, he did not provide the timber.
The supervisor then requested Somnang to “confiscate” the victim’s Lexus. This was not theft, he was merely following his supervisor’s orders, Somnang said.
“I did not point the gun at the victim. I merely showed the victim the gun. I ask the Supreme Court to lower my sentence so I can return home,” he said.
Prosecutor Ouk Kimseth said Somnang lied to the victim about someone wanting to buy his car and took him to the crime scene where he pointed the handgun at the victim.
Despite Somnang having a permit allowing him to carry the gun, he used it to commit a crime, Kimseth said.
“I think the Appeal Court’s verdict was in accordance with the law. I ask the Supreme Court to uphold the Appeal Court’s verdict,” Kimseth said.
Somnang’s lawyer, Lin Lanin, argued that, according to Article 4 of the Criminal Code, there is no offence in the absence of the intent to commit it.
“My client did not intend to commit a crime. There was not enough reason to convict my client because there was no witness to testify. I ask the court to reduce my client’s sentence,” he added.
Sothavy said the Supreme Court’s verdict would be delivered on Friday.