UPDATE
Court hears S’ville building collapse appeal
Kim Sarom | Publication date 08 June 2022 | 21:21 ICT

The Supreme Court on June 8 heard the case of a building collapse that killed 22 workers and injured another 24 in Preah Sihanouk province in 2019, one in which the Chinese owner pleaded that he could only pay $30,000 to all 53 civil complainants.

In the presence of 30 civil complainants, Judge Kong Darachat read out the case file involving four accused: Cheng Kun, the building owner; Deng Xin Gul, the Chinese contractor; and Gao Yu and Xie Ya Ping, both construction supervisors.

According to the case file, the Preah Sihanouk Provincial Court had sentenced the building owner to three years in prison for unintentional manslaughter and causing bodily harm on an involuntary basis, and with aggravated damage under articles 207, 236 of the Criminal Code.

Deng Xin Gul, Gao Yu and Xie Ya Pin received three-year sentences on each charge of conspiracy in unintentional manslaughter and causing bodily harm on an involuntary basis and with aggravated damage under articles 29, 207 and 236.

In addition to the jail terms, the four were ordered to pay compensation of 60 million riel (around $15,000) per death to the families of the 22 dead – a total of $330,000 – and 20 to 200 million riel ($5,000 to $50,000) to the 24 wounded workers.

Unwilling to accept the provincial court’s decision, the four filed grievances with the Preah Sihanouk Provincial Court of Appeal, which heard the case on May 6, 2021, and upheld the verdicts.

“The court decided that if the accused have no money to pay the compensation, they will be held in detention. Despite the accused serving their sentences, they are not permitted to return to China if they are yet to pay all compensation for the victims,” Judge Darachat said.

Cheng Kun told the judges through an interpreter on June 8 that he was willing to admit wrongdoing in what had happened in the early hours of June 22, 2019, but could pay only $30,000 to all 53 civil complainants.

“I served the three-year prison sentence. Why am I still jailed? I ask the Supreme Court to release me to return to China,” he said.
https://www.phnompenhpost.com/national/ ... pse-appeal

CEOCambodiaNews wrote: ↑Thu Jun 09, 2022 2:52 pm UPDATE
Court hears S’ville building collapse appeal
Kim Sarom | Publication date 08 June 2022 | 21:21 ICT

The Supreme Court on June 8 heard the case of a building collapse that killed 22 workers and injured another 24 in Preah Sihanouk province in 2019, one in which the Chinese owner pleaded that he could only pay $30,000 to all 53 civil complainants.

In the presence of 30 civil complainants, Judge Kong Darachat read out the case file involving four accused: Cheng Kun, the building owner; Deng Xin Gul, the Chinese contractor; and Gao Yu and Xie Ya Ping, both construction supervisors.

According to the case file, the Preah Sihanouk Provincial Court had sentenced the building owner to three years in prison for unintentional manslaughter and causing bodily harm on an involuntary basis, and with aggravated damage under articles 207, 236 of the Criminal Code.

Deng Xin Gul, Gao Yu and Xie Ya Pin received three-year sentences on each charge of conspiracy in unintentional manslaughter and causing bodily harm on an involuntary basis and with aggravated damage under articles 29, 207 and 236.

In addition to the jail terms, the four were ordered to pay compensation of 60 million riel (around $15,000) per death to the families of the 22 dead – a total of $330,000 – and 20 to 200 million riel ($5,000 to $50,000) to the 24 wounded workers.

Unwilling to accept the provincial court’s decision, the four filed grievances with the Preah Sihanouk Provincial Court of Appeal, which heard the case on May 6, 2021, and upheld the verdicts.

“The court decided that if the accused have no money to pay the compensation, they will be held in detention. Despite the accused serving their sentences, they are not permitted to return to China if they are yet to pay all compensation for the victims,” Judge Darachat said.

Cheng Kun told the judges through an interpreter on June 8 that he was willing to admit wrongdoing in what had happened in the early hours of June 22, 2019, but could pay only $30,000 to all 53 civil complainants.

“I served the three-year prison sentence. Why am I still jailed? I ask the Supreme Court to release me to return to China,” he said.
https://www.phnompenhpost.com/national/ ... pse-appeal

Less than $600 per victim, they absolutely should be kept incarcerated until the full amount in the original judgement has been paid (and a suitable percentage of interest should also be added until it is paid)

It's nice to see the court has some teeth. "No Pay - No Go Home"

Let's see if he suddenly finds a few million he forgot about and ponies up a decent offer.

Justice Convicts, But Victims Still Waiting for Compensation

June 16, 2022
Justice served: Conviction in S’ville deadly building collapse case upheld

[excerpts]
The Supreme Court yesterday upheld the conviction of a Chinese national who owned an under-construction seven-storey building which collapsed in Preah Sihanouk province’s Sihanoukville in 2019. The collapse on June 23, 2019 caused the deaths of 28 people and injured 26.

Presiding Judge Kong Tarachhath identified the convict as Cheng Kun, 41, a Chinese national who had leased the land for constructing the building.

He was among five who were convicted over the deadly collapse but was the only one who appealed against his sentence.

The others were Deng Xing Gui, 48, a building contractor; Gao Yu, 29, a concrete contractor and a woman Xi Ya Ping, 45. A Vietnamese, who is at large and sentenced in absentia was Nguven Huang, 48, the building construction manager.

He said Preah Sihanouk Provincial Court on July 30, 2020 sentenced Cheng, Deng and Xi to three years in prison, while Gao and Nguven (in absentia) were sentenced to two years and six months in prison each.

Judge Tarachhat said that the court also ordered them to jointly pay from about $5,000 to about $25, 000 each to the victims as listed in the court case.

Sok Kin, President of the Building and Wood Workers Trade Union Federation of Cambodia, lauded the Supreme Court’s verdict, saying that justice has been done for the victims.

“On the other hand, until now, the victims have not received any compensation payment yet. We also do not know whether those convicted have money to pay the compensation to the victims or not,” he added.
https://www.khmertimeskh.com/501094999/ ... ase-upheld

UPDATE
Unfortunately, none of the victims from the infamous Sihanoukville building collapse have received the agreed compensation payment ordered by the Provincial Court judge in July 2020, because the Cambodian authorities cannot agree who should take responsibility for implementing the legal decision.

Families of Building Collapse Victims Seek Compensation, Appeal to Prime Minister
18 October 2022 5:13 PM
Sovann Sreypich
Pen Sarun has not received even 100 riel of court-ordered compensation for the death of her husband, one of 28 workers killed in the collapse of a seven-story Sihanoukville building under construction in 2019.

Facing mounting debts as a widow raising three children, Sarun appealed to Prime Minister HE to ensure victims’ families received financial support, presenting a petition at his residence last Thursday, along with 10 other victims’ relatives.

An official at the Prime Minister’s residence in Tuol Krasang told the petitioners to contact provincial authorities instead, Sarun said.

The victims’ families had previously sought to submit a petition in August but were rejected due to improper letter formatting, said Kong Chamroeun, an official in the prime minister’s office.

Preah Sihanouk’s provincial court mandated in July 2020 that the perpetrators behind the building’s collapse — four Chinese nationals and one Vietnamese — pay between 60 to 100 million riel (between $15,000 to $20,000) to each victims’ family and 20 million riel ($5,000) to each of the 26 injured individuals. The Supreme Court upheld this ruling.

The four Chinese nationals, including the building’s owner Cheng Kun and construction supervisor Deng Xing Gui, were sentenced to serve 2.5 to three years in prison, while the Vietnamese national, Nguyen Thi Thuy Hao, escaped from authorities.

The perpetrators’ lawyers have previously portrayed their clients as victims who suffered significant financial losses as a result of the buildings’ collapse.

But whether the families of the killed and injured construction workers will receive compensation following the court rulings remains unclear, victims’ relatives involved in the petition said.

No compensation was paid out by the court-ordered deadline of June 15 this year, said Ben Sreyka, whose 18-year-old brother died in the collapse.
Implementation of the verdict appears in limbo amongst court authorities. Huot Vichet, spokesperson for the Preah Sihanouk provincial court, told CamboJA the Supreme Court is tasked with enforcing the ruling. Chiv Keng, Supreme Court vice president, claimed his court had closed the case and directed the provincial court to carry out this duty.
https://cambojanews.com/families-of-bui ... -minister/