Khmer Circle រង្វង់ខ្មែរ: Oz surrogacy agent’s bail request denied by court

Friday, 3 March 2017

Oz surrogacy agent’s bail request denied by court

Surrogacy suspects Sambath Chakrya (L) and Tammy Davis-Charles(R) are escorted outside after their bail appeal hearing yesterday in Phnom Penh Heng Chivoan

Thu, 2 March 2017

Kim Sarom

An investigative judge at Phnom Penh’s Appeal Court denied bail yesterday for Tammy Davis-Charles, an Australian national arrested in November for allegedly running a commercial surrogacy business in Cambodia.

Following a 20-minute closed-door hearing, judge Khun Leangmeng announced that the defendant would not be allowed out on bail because the Phnom Penh Municipal Court is preparing to hold a trial in the near future. The exact date of the trial was not specified. The defendant’s lawyer, Chheang Sorphoan, and prosecutor Kim Klayan both attended the hearing.

Pediatric nurse Davis-Charles was charged under Article 332 of the Penal Code, which prohibits acting as an intermediary between adoptive parents and a pregnant woman. She is also charged with possession of fraudulent documents and could face up to two years in prison.

A law to regulate commercial surrogacy is currently being drafted in Cambodia, but it remains unclear whether the industry will be legalised or prohibited.

Davis-Charles refused to comment yesterday.

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The long tragedy of Cham history

“The process [‘Nam Tien’ or Vietnamese southward expansion] was well defined by Léopold Cadière in 1911: “As soon as they feel themselves able, they drive off the first inhabitants, whether in a peaceful manner, by taking over the land, clearing it and “planting the bamboo” – the hedges that to this day still surround Annamese gardens and villages – or by violence, then they fight with the Chams, destroying their temples and mutilating their statues.” In short, there was no room left for the Chams.”