Breaking: Rainsy hit with latest defamation conviction, fined $1M

Niem Chheng and Andrew Nachemson | Publication date 29 December 2017 | 15:45 ICT

p

Social media star Thy Sovantha, seen speaking to the press outside the Phnom Penh court earlier this year, won a defamation case against former opposition leader Sam Rainsy today. Hong Menea

Former opposition leader Sam Rainsy was found guilty of defamation and fined more than 4 billion riel (about $1 million) today for comments made alleging that Prime Minister Hun Sen bribed pro-government media activist Thy Sovantha to attack the opposition.

The accusation stemmed from leaked Facebook messages between Hun Sen and Sovantha in November. They discussed undermining the now-dissolved Cambodia National Rescue Party, with prime minister calling Sovantha “grandchild” and offering her $1 million. Sovantha claimed her page was hacked.

During today’s hearing, the court played a 26-minute video from January of Rainsy speaking to Cambodian supporters in France.

“Hun Sen bribes Thy Sovantha $1 million… He bribed her to do bad things, to attack and cause trouble to the CNRP, to hold protests,” Rainsy said in the clip.

Hun Sen was represented by Ky Tech, the same lawyer who represented the government last month in its case against the CNRP.

“What Sam Rainsy said was not true and it affects the reputation of Samdech Techo Hun Sen, the Prime Minister of Cambodia,” Tech said.

Former opposition leader Sam Rainsy gives an interview on French TV5 Monde television network earlier this month in France. Photo supplied

Former opposition leader Sam Rainsy gives an interview on French TV5 Monde television network earlier this month in France. Photo supplied

Rainsy, who lives in self-exile in France to avoid a slew of similar convictions widely seen as politically motivated, was found guilty in absentia.

“The Prime Minister is a public figure and in a democratic society he should not mind criticism… The court should have the written statement of Thy Sovantha denying that, or summonsed her to testify here,” said Rainsy’s lawyer, Sam Sokong.

Without Sovantha in the courtroom, Sokong maintained, charges should be dropped.

Yoeurng Sotheara, legal expert at election watchdog Comfrel, said the latest conviction was “the same as the cases before” and “politically motivated”.

“In a democracy with freedom expression … the right to express criticism to public figures is granted in the Constitution,” Sotheara said.

“Not everything is defamation,” he added.

Mu Sochua, the former opposition deputy president who fled the country in October, said the conviction against Rainsy would be another black eye on the justice system.

“These series of political cases will continue to make Cambodia a country known for its mockery of justice,” she said by email. “Mr. Hun Sen has nothing to prove but his zero tolerance of true justice.”