A Cambodian man says he was not involved in drug production — a charge for which he was convicted in 2017 — and wants the Supreme Court to overturn his conviction based on testimony from a co-accused who said he was not part of the operations.
Sen Dayousa, 34, was sentenced to 30 years in prison by the Phnom Penh Municipal Court in 2017 for producing drugs from Article 39 of the Law on Drug Control. An Appeal Court judge dropped the prison sentence to 20 years. The Supreme Court then sent it back to the Appeal Court, which kept the prison sentence at 20 years. Another Supreme Court Appeal was filed in December 2020.
Defense lawyer Nou Chantha said his client had consistently insisted that he had not produced drugs nor procured substances to produce drugs for a co-defendant, Yong Chan Hou Yong, who was arrested by police after receiving information from Dayosa.
According to a Russei Keo district police report from the, Dayousa was arrested on December 4, 2016, with two sachets of drugs, who on questioning directed them to a drug production facility in Meanchey district that was then raided.
Police arrested five suspects during the raid and confiscated clear powders, bottles of methanol, medicines and drug producing equipment.
Chantha continued that Chan Hou Yong was angry with Dayousa and had implicated the defendant for buying materials to produce drugs. However, at the Appeal Court retrial, Chan Hou Yong recanted his testimony and said Dayousa was not involved in drug production.
“So, I would like to strongly suggest the excellency presiding judge and consulting judges to rid my client of this charge,” Chantha said.
Dayousa agreed with his lawyer and reiterated that he had bought drugs from Chan You Hong but had nothing to do with the production of drugs.
“I would like to clarify that I did not participate in producing drugs with [Chan Hou Yong],” Dayousa said.
Prosecutor Duch Kimsorn only said that he would leave it up to the judges to decide on the Appeal Court’s decision.
Presiding Judge Khim Ponn will announce the verdict on November 3.