In Mass Trial’s Closing, Defense Says Not Enough Evidence of ‘Plotting’

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Three defendants — Kong Mas, Khan Bunpheng and Voeung Samnang — in the mass trial are taken back to Prey Sar prison on Thursday. (Ouch Sony/VOD)
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Defense lawyers called on the court to acquit their clients during closing arguments Thursday, saying there was not enough evidence for the plotting charges against the former CNRP members who allegedly supported the failed return plan of exiled party leader Mu Sochua.

The Phnom Penh Municipal Court is trying 37 defendants — most of whom are overseas — linked to the disbanded Cambodia National Rescue Party for supporting the unsuccessful attempt by Mu Sochua to return the country to face trial in 2021. They are facing plotting charges, which carry five to 10 years in prison if found guilty.

It is the fourth mass trial against former CNRP activists being tried in Cambodian courts.

In his closing arguments Thursday morning, deputy prosecutor Seng Heang told the court that the charge stemmed from an overseas group using the idea of repatriation to hide an ill-intentioned plan to launch a revolution and topple the government. This was the group’s second attempt, after their failure in a first plot led by exiled party co-founder Sam Rainsy’s attempt to return to the country in 2019, he said.

Heang said this group had announced its plan using the CNRP’s logo, even though the party had been dissolved by the Supreme Court and all its activities were illegal acts. Sochua was to lead other former leaders and appeal to other activists overseas, including in South Korea, Thailand and New Zealand, to return back to Cambodia.

“The second return plan is a new scenario that hides an old trick, which is an attempt to topple the legitimate government,” he said.

The group distributed leaflets overseas to persuade people to participate, he added. The leaflets blamed the government over human rights and democracy in order to incite people to go against the government, he said, arguing that the return plan was only a pretext.

He added the plan had been proceeding among the 37 defendants, justifying the charges.

“I ask the judges to punish the accused according to the law and issue an arrest warrant for [other] accused,” he said.

The deputy prosecutor also asked judges to consider additional punishment, suggesting revoking some citizenship rights for five years or indefinitely.

In response, eight defense lawyers gave similar closing statements that there was not enough of a legal or factual basis for a plotting charge, and that there were many doubts in the case. A ninth defense lawyer was absent but submitted a written statement that was read out in court Thursday.

Lawyer Sam Sokong, who defended Kong Mas, Khan Bunpheng and Voeung Samnang, who are in jail in the country, said the deputy prosecutor had accused the defendants of an “ill-intended trick or pretext,” but the law said nothing about tricks.

He argued that it was prosecutors who had issued a summons against Sochua for an earlier mass trial, and she tried to come to Cambodia to participate, but the prosecution was now saying this was only a pretext.

“Everything has a plan. Like me, I have to come to defend the case. I need to have a plan and prepare,” he said. “It is a public hearing and the public can participate. They can come to give encouragement to their relatives. It is not a pretext. It is the exercise of their rights in line with democratic principles.”

He returned to the accusations presented earlier in the trial against his clients, notably phone recordings and social media posts that the defendants denied they were speaking in or were genuine. He added that the posts only contained opinions anyway.

“When just two or three people posting comments leads to the fear of overthrow, it shows that the government has no ability to protect the country,” Sokong said.

Another defense lawyer, Lor Chunthy, said evidence for the charges was not clear or relevant to the charge. There was nothing showing a clear structure behind the alleged group, he said.

An assigned lawyer representing 33 of the defendants, Sin Soworn, said all of her clients were absent from the trial and had not been able to give any testimony to defend themselves.

In his last word to the court, defendant Bunpheng denied he had participated in politics after the CNRP’s dissolution.

“I am a Khmer person. I want to see a country with peace, and I want to see the Khmer people be united. I have no idea to topple or be an absolute dissident,” he said. “I am a clean person and people respected and loved me. I should not have been charged in such a political case.”

Defendant Mas said he wants the ruling and opposition parties to stop fighting each other and work together.

Judge Ouk Rethkunthea said she would announce a verdict on December 22.

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