Chea Sim adviser to sue over fraud claim

The Phnom Penh Post
Wednesday, 02 September 2009
Meas Sokchea

Disputes bad cheque report, saying he stopped payment because business deal not honoured.

Yin Sovanny, an adviser to Senate President Chea Sim, has filed a defamation lawsuit against Lao Sunpa, former governor of Kandal province, after the governor accused him of issuing a bad cheque.

The complaint, in which Yin Sovanny demanded 20 million riels (US$4,860) in compensation from Lao Sunpa, was filed in Phnom Penh Municipal Court on August 19 and obtained by the Post on Tuesday.

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I ... TOLD CANADIA BANK TO CANCEL THE CHEQUE. THAT DOESN'T MEAN THAT I DON'T HAVE THE MONEY.
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In the complaint, Yin Sovanny states that in December 2008, he agreed to buy a sand-dredging company located in Prey Veng and Kandal provinces from Lao Sunpa.

Convoluted business
The two eventually agreed on a sale price of US$250,000 that was conditional upon the completion of an environmental impact study by the Ministry of Environment and the Ministry of Water Resources, according to court documents.

In May, Lao Sunpa told Yin Sovanny that the government assessment had already been completed, and Yin Sovanny wrote him two cheques, one in the amount of US$30,000, to cover a portion of the fee.

No bad cheque
Yin Sovanny stated that when he received sale documents from Lao Sunpa, however, he discovered that there was no information from the government ministries.

"I told Lao Sunpa to fulfill [this] condition first, and then he would receive the money," he said.

"I wrote a letter dated May 12, 2009, to inform Lao Sunpa of this ... but Lao Sunpa did not receive it.

"I then told Canadia Bank to cancel the cheque," Yin Sovanny said in the complaint.

"That doesn't mean that I don't have the money."

Lao Sunpa told the Post that he is not worried about Yin Sovanny's complaint because it lacks clear proof in favor of the plaintiff.

"I am not scared of this lawsuit. The complaint includes no documents that can be used as evidence," Lao Sunpa said.

On August 13, Lao Sunpa accused Yin Sovanny of "fraud", threatening legal action after claiming that Yin Sovanny had issued a bad cheque and then refused to settle the debt.

He reiterated these claims on Tuesday.

"If the courts were based on justice, his lawsuit would not be processed, but I have enough evidence to clarify my case in court," Lao Sunpa said, added that he plans to sue Yin Sovanny to recover the money.

Yin Sovanny was out of the country and could not be reached for additional comment on Tuesday.

Rail compensation talks stall

The Phnom Penh Post
Wednesday, 02 September 2009
May Titthara

FAMILIES from four communes in Daun Penh and Tuol Kork districts in Phnom Penh on Monday met local authorities to discuss the impact of a proposed railway upgrade that threatens to uproot hundreds living along the tracks.

Chan Thear, one of the residents affected by the planned upgrade, said authorities were unwilling to consider proper compensation.

"We were unable to reach a clear resolution," he said. "We want them to provide compensation similar to what they did for residents of Boeung Kak lake," referring to the ongoing development by Shukaku Inc that has displaced residents living around the lake.

Veth Darith, chief of Boeung Kak I commune, said the government was not obligated to offer anything on the scale of the compensation for former Boeung Kak residents because the land along the railway already belongs to the government.

But he did say some compensation would be available for some residents.

"If a family is required to remove their entire house, and they have no land elsewhere, then we can provide land for them elsewhere. For those who already own other land, we will not give any further assistance," he said.

He added that families who were to be partially affected by the upgrade would be compensated US$0.50 per square metre for the portion of their homes that required demolition, and that they would be allowed to remain on the site.

Chreang Sophan, Phnom Penh deputy governor, could not be reach for comment on Tuesday.

But Yit Bunna, an undersecretary of state at the Ministry of Public Works and Transport, said the government was adhering to compensation guidelines set down by the Asian Development Bank, though he provided no further details.

The upgrade follows an agreement in June with Australia's Toll Holdings to upgrade or rebuild sections of Cambodia's railways for integration into the Trans-Asia Railway that is to stretch from Singapore to Kunming in southwestern China.

US hearing 'absolutely unfair': govt

The Phnom Penh Post
Wednesday, 02 September 2009
James O'toole

Foreign ministry says speakers ought to include CPP officials.

A US congressional hearing to discuss human rights in Cambodia is "absolutely unfair", the Ministry of Foreign Affairs said Tuesday.

Ministry spokesman Koy Kuong said the hearing by the Tom Lantos Human Rights Commission, a congressional body that monitors human rights norms around the world, is "biased", as no one from the Cambodian government has been invited to testify.

A statement released by US Congressman Frank Wolf, the co-chair of the commission, said the purpose of the hearing, scheduled for September 10, is to discuss land evictions, labour laws and the prosecution of opposition figures. "These issues are part of a concerning trend in the Cambodian government's overall human rights record," the statement read.

The commission has invited three Cambodians to participate on a panel as official witnesses: Sam Rainsy Party parliamentarian Mu Sochua, Licadho rights group president Kek Galabru (Pung Chiv Kek), and Community Legal Education Centre labour programme head Moeun Tola. The US State Department will also invite witnesses who have not yet been announced.

Koy Kuong expressed concern that the commission had invited "only opposition groups", likening the congressional proceedings to "the referee at a boxing match calling only one corner".

"[The invited witnesses] can criticise the government, they can say whatever they want, with no one to testify or to clarify against them," he said.

Naly Pilorge, director of Licadho, said it was wrong to characterise the gathering as an exclusion of government representatives, however, emphasising that it will be open to all interested parties.

"This hearing is not a secretive process. It's a very open and public process," she said, adding that she expects to see the Cambodian ambassador to the United States, students and representatives of other NGOs in attendance.

SRP spokesman Yim Sovann said that as a donor of foreign aid to Cambodia, the US "wants to see progress in the development of democracy and human rights". In order to ensure that aid is distributed effectively, he said, American policymakers must "ensure that this country respects the rule of law".

Naly Pilorge said Kek Galabru plans to raise "human rights issues relating to social, economic, political and civil rights" at the hearing. Koy Kuong, however, was sceptical that the event would generate meaningful discussion or action.

"The hearing will not improve the human rights situation overall," he said.

Tourists pour into Preah Vihear

The Phnom Penh Post
Wednesday, 02 September 2009
Thet Sambath

PREAH Vihear temple has seen a flood of tourists in the past few days, a trend officials are attributing to the drawdown of troops there that was completed over the weekend.

Om Phirom, chief of the temple's Heritage Police, said Tuesday that there had been about 200 Cambodian tourists and 50 foreign tourists venturing to the World Heritage site daily for the past four days, adding that the foreigners included Chinese, Japanese and European visitors.

By comparison, he said, the temple received about 100 Cambodian and 50 foreign tourists each month during the 13-month standoff with Thailand over the disputed complex.

"More tourists are visiting Preah Vihear temple now," Om Phirom said. "This increase began a few days ago after Prime Minister Hun Sen announced that troops at the temple would be withdrawn."

Hun Sen declared last week that the standoff had effectively ended following a bilateral agreement to withdraw troops.

Sor Thavy, deputy governor of Preah Vihear province, said he had noticed that roads near the temple had seen more traffic in recent days, adding that he was considering strengthening the security presence to protect tourists.

Reporter sues district chief

The Phnom Penh Post
Wednesday, 02 September 2009
Chhay Channyda

A PHNOM Penh court on Monday issued a summons to a Kandal province district chief to answer on Friday accusations of disinformation brought by a local journalist - the first such case involving a suit brought by the media against a government official, the court said.

Sar Rith, a reporter with the Khmer-language daily Rasmey Kampuchea, filed a complaint with the court on Friday following an appearance by Kandal Stung district Chief Chhim Sambath on a Phnom Penh radio programme on August 22.

During the programme, which addressed government investigations of illegal sand-dredging operations, Chhim Sambath disclosed details of a private legal dispute involving Sar Rith's father-in-law, who lives in Kandal Stung district.

"He talked about sand-dredging but inserted my private problem in the interview, which I consider to adversely affect my profession as a journalist," Sar Rith said. "I have to sue him for disinformation."

Landmark case
Hieng Sopheak, deputy prosecutor for Phnom Penh Municipal Court, said Tuesday that Chhim Sambath's summons was the first of its kind.

"This is the first such instance where a journalist has sued a government official for disinformation," he said.

Sar Rith said the radio comments followed an article his newspaper ran about illegal sand-dredging in Kandal Stung district.

Chhim Sambath could not be reached for comment Tuesday.

Chan Soveth, a monitor for the Cambodian rights group Adhoc, said the suit was a good sign that private citizens still had the courage to confront the government, but added that he could not be certain that Sar Rith would receive justice in the case.

Crowded Prey Sar relocates prisoners

The Phnom penh Post
Wednesday, 02 September 2009
Mom Kunthear

An official said Tuesday that 100 inmates from Prey Sar Correctional Centre had been relocated to a prison in Siem Reap, and that 50 others had been sent to Trapeang Thlong prison in Kampong Cham province last week, adding that 100 more were to be moved to a prison in Banteay Meanchey next week.

Heng Hak, director general of the Department of Prisons at the Ministry of Interior, said overcrowding at Prey Sar prison, on the outskirts of Phnom Penh, necessitated the prisoner relocation.

"Normally, there are only 1,600 inmates held in one prison, but there were more than 3,000 [at Prey Sar], and we had to send them elsewhere to make sure prison conditions were appropriate," he said.

Heng Hak said the relocation could make it more difficult for relatives to visit inmates, but that deteriorating conditions made the move necessary. "We had to move them because we think prisoner health is a greater priority," Heng Hak said.

Cambodia is holding 12,000 people at 21 prisons and three correctional centres throughout the Kingdom, according to the Ministry of Interior.

Hun Sen OKs Ream eco-resort

The Phnom Penh Post
Wednesday, 02 September 2009
May Kunmakara

HUN SEN has given the green light to China's United International to begin building an ecotourism project worth more than US$700 million on the coast in Ream, Preah Sihanouk province, after a meeting Tuesday with company officials at the prime minister's home in Takhmao, government officials said.

Following the meeting, Hun Sen's spokesman Eang Sophalleth said the company - which is known in Cambodia as Yeejia Tourism Development Co Ltd - "plans to start ... construction later this year, in November".

The 5-million-square-metre project would be built in four phases, he added, over four years each. Infrastructure including roads, electricity lines and water access would be built from scratch, said Eang Sophalleth, along with facilities including a business centre, school and hospital.

Youn Heng, deputy director of the Evaluation and Incentives Department at the Cambodian Investment Board (CIB), told the Post Tuesday that Yeejia Tourism Development Co had been seeking government approval for the project since 2005 and had finally been accepted this year.