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US Lawyer Seeks a ‘Default’ Decision Against HM

BY ALEX WILLEMYNS | MAY 16, 2016

An American attorney representing opposition official Meach Sovannara in his “wrongful imprisonment” lawsuit filed against Prime Minister HE’s eldest son in the U.S. last month said on Sunday he is now pushing for a “default” decision in his favor.

Morton Sklar is representing Mr. Sovannara—a U.S. citizen—in his case against HM and the Cambodian government over the 20-year prison sentence he is serving in Phnom Penh for his presence at a protest that turned into a street brawl in July 2014.


HM speaks during a press conference at Phnom Penh International Airport on April 25. (Siv Channa/The Cambodia Daily)
HM speaks during a press conference at Phnom Penh International Airport on April 25. (Siv Channa/The Cambodia Daily)
Mr. Sklar claims that Lieutenant General Manet was served a subpoena while in Long Beach, California, on April 9 for the case brought in a U.S. federal court, but that he susequently failed to respond to the court within the required 30 days to indicate what his plea would be.

“That means that we will indeed shortly be filing a new set of pleadings with the Federal District Court in California aimed at securing what is called ‘an order of default,’” Mr. Sklar said in an email.

Such a court order, Mr. Sklar explained, “is the first stage of the process designed to secure an enforceable order against a defendant that fails to respond to the Court’s summons in a timely manner.”

It is not in fact clear if Lt. Gen. Manet was legally served with the summons on April 9 by Paul Hayes, a private investigator who was hospitalized after trying to serve the summons.

Mr. Hayes—who says he was dropped onto his head by one of Lt. Gen. Manet’s bodyguards—moved to press charges in the incident last month.

A spokeswoman for the Long Beach Police Department said on Saturday she could not comment on the case until later this week.

Mr. Sklar claims the fact that Mr. Hayes was within reach of Lt. Gen. Manet and in the act of serving the subpoena when assaulted legally counts as its execution.

Lt. Gen. Manet did not respond to a request for comment. Yet upon his return from the U.S. last month, he indicated he would do what is legally necessary in the case despite dismissing it as frivolous.

“If they want to sue, they should choose a reasonable issue,” Lt. Gen. Manet said at a press conference on April 25.

LTO wrote:My half-baked assessment and prediction: A publicity stunt that will ultimately amount to much ado about nothing, and actually not even that much ado.

juansweetpotato wrote:

LTO wrote:My half-baked assessment and prediction: A publicity stunt that will ultimately amount to much ado about nothing, and actually not even that much ado.

Which goes to show what? That it's not a good idea to be a member of an opposition party in Cambodia?

LTO wrote:

juansweetpotato wrote:

LTO wrote:My half-baked assessment and prediction: A publicity stunt that will ultimately amount to much ado about nothing, and actually not even that much ado.

Which goes to show what? That it's not a good idea to be a member of an opposition party in Cambodia?

Not sure what it "goes to show," but if I was going to try to name something, that would not have occured to me. I guess, among other things, it goes to show that CNRP still looks to foreigners and foreign powers to save them.

table42 wrote:Juansweettater wrote, "112612/

Lets see if he thinks its frivolous when he is banged up for 20 years in one of his prisons. Nobody will be fighting for him after the revolution has burnt his house, murdered his family and taken back all the stolen money."

Wow Juan, that is a leftist wet dream. He isn't going to prison and there won't be a revolution. The oknyas can't afford it and the Chinese don't want one in their backyard.

juansweetpotato wrote:

LTO wrote:

juansweetpotato wrote:

LTO wrote:My half-baked assessment and prediction: A publicity stunt that will ultimately amount to much ado about nothing, and actually not even that much ado.

Which goes to show what? That it's not a good idea to be a member of an opposition party in Cambodia?

Not sure what it "goes to show," but if I was going to try to name something, that would not have occured to me. I guess, among other things, it goes to show that CNRP still looks to foreigners and foreign powers to save them.

Good point, but don't all opposition parties often appeal to outside powers? Often only when the shit hits the fan, and then with limited success.
Are the CNRP/ Funcipec really so rare in its/ their appeals to outside powers?

LTO wrote:

juansweetpotato wrote:

LTO wrote:

juansweetpotato wrote:

LTO wrote:My half-baked assessment and prediction: A publicity stunt that will ultimately amount to much ado about nothing, and actually not even that much ado.

Which goes to show what? That it's not a good idea to be a member of an opposition party in Cambodia?

Not sure what it "goes to show," but if I was going to try to name something, that would not have occured to me. I guess, among other things, it goes to show that CNRP still looks to foreigners and foreign powers to save them.

Good point, but don't all opposition parties often appeal to outside powers? Often only when the shit hits the fan, and then with limited success.
Are the CNRP/ Funcipec really so rare in its/ their appeals to outside powers?

No, not rare at all. Pretty SOP for Cambodia for the last 400 years or so. It's not like the ruling party doesn't also have its foreign backers, but CNRP, or at least the SRP wing of it, seems to be taking it to new heights. I sometimes wonder if Rainsy does someday win whether the Cambodian PM's office will be in Phnom Penh or Paris.