TV Presenter and Oknha Fight It Out in Court
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Re: TV Presenter and Oknha Fight It Out in Court
June 9, 2021
Court drops charges against TV presenter
Phnom Penh Municipal Court on Monday dropped charges against TV presenter Mean Pich Rita for allegedly stealing tycoon Heng Sear’s iPhone 12 Pro Max, more than $1,000 and stabbing him causing serious injuries while fleeing in May.
According to the acquittal letter by Investigating Judge Koy Sao, which was obtained yesterday by Khmer Times, the court has dropped the charges against Pich Rita, alias Yubi, 20, of “thefts with aggravating circumstances” under Articles 353 and 357 of the Criminal Code.
“The acquittal of Mean Pich Rita makes it clear that the stabbing of Heng Sear on the day of the incident in the car was not the act of robbing his iPhone 12 Pro Max or to seize pornographic images on his phone,” the ruling letter said.
“But it was an exercise of her self-defense when Sear sexually abused and attempted to rape her and the law does not stipulate liability for this illegal outrage and there is no punishment,” it said.
“The Investigating Judge found and determined that the cause of the charges did not provide sufficient evidence against the accused Pich Rita for ‘theft with aggravating circumstances’ as an offence which shall be punished under Articles 353 and 356 of the Criminal Code and that the acquittal was decided in accordance with the new Articles 247, 368, 372 and 383 of the Penal Procedures Code,” it said.
According to the police report, Pich Rita was arrested on May 8 after she was sued by Sear. Phnom Penh Municipal Court spokesman Phlong Sophal told Khmer Times that the court prosecutor is now investigating the Pich Rita’s case against Sear.
https://www.khmertimeskh.com/50870586/c ... presenter/
To be continued...
Court drops charges against TV presenter
Phnom Penh Municipal Court on Monday dropped charges against TV presenter Mean Pich Rita for allegedly stealing tycoon Heng Sear’s iPhone 12 Pro Max, more than $1,000 and stabbing him causing serious injuries while fleeing in May.
According to the acquittal letter by Investigating Judge Koy Sao, which was obtained yesterday by Khmer Times, the court has dropped the charges against Pich Rita, alias Yubi, 20, of “thefts with aggravating circumstances” under Articles 353 and 357 of the Criminal Code.
“The acquittal of Mean Pich Rita makes it clear that the stabbing of Heng Sear on the day of the incident in the car was not the act of robbing his iPhone 12 Pro Max or to seize pornographic images on his phone,” the ruling letter said.
“But it was an exercise of her self-defense when Sear sexually abused and attempted to rape her and the law does not stipulate liability for this illegal outrage and there is no punishment,” it said.
“The Investigating Judge found and determined that the cause of the charges did not provide sufficient evidence against the accused Pich Rita for ‘theft with aggravating circumstances’ as an offence which shall be punished under Articles 353 and 356 of the Criminal Code and that the acquittal was decided in accordance with the new Articles 247, 368, 372 and 383 of the Penal Procedures Code,” it said.
According to the police report, Pich Rita was arrested on May 8 after she was sued by Sear. Phnom Penh Municipal Court spokesman Phlong Sophal told Khmer Times that the court prosecutor is now investigating the Pich Rita’s case against Sear.
https://www.khmertimeskh.com/50870586/c ... presenter/
To be continued...
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Re: TV Presenter and Oknha Fight It Out in Court
So, it's already been established in a court of law, by a finder of fact, that this is what occurred?CEOCambodiaNews wrote: ↑Wed Jun 09, 2021 11:44 am But it was an exercise of her self-defense when Sear sexually abused and attempted to rape her and the law does not stipulate liability for this illegal outrage and there is no punishment,” it said.
I'm not saying that it didn't happen but a judge saying this when dismissing a separate complaint of theft is putting the cart before the horse.
She is alleging, the oknya is denying........so there needs to be a trial on the count of attempted rape.
Do these judges go to law school?
Re: TV Presenter and Oknha Fight It Out in Court
Brody wrote: ↑Wed Jun 09, 2021 12:09 pmSo, it's already been established in a court of law, by a finder of fact, that this is what occurred?CEOCambodiaNews wrote: ↑Wed Jun 09, 2021 11:44 am But it was an exercise of her self-defense when Sear sexually abused and attempted to rape her and the law does not stipulate liability for this illegal outrage and there is no punishment,” it said.
I'm not saying that it didn't happen but a judge saying this when dismissing a separate complaint of theft is putting the cart before the horse.
She is alleging, the oknya is denying........so there needs to be a trial on the count of attempted rape.
Do these judges go to law school?
Meum est propositum in taberna mori,
ut sint Guinness proxima morientis ori.
tunc cantabunt letius angelorum chori:
"Sit Deus propitius huic potatori."
ut sint Guinness proxima morientis ori.
tunc cantabunt letius angelorum chori:
"Sit Deus propitius huic potatori."
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Re: TV Presenter and Oknha Fight It Out in Court
Maybe if a formal ruling about rape attempt with effective jailtime was served to an okhna, the amount of plaignants willing to give it a go would create bottlenecks in the courts ?
They probably fear the workload
They probably fear the workload
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Re: TV Presenter and Oknha Fight It Out in Court
It was a rhetorical question.ergosemper wrote: ↑Wed Jun 09, 2021 2:52 pmThey do but their academic background becomes irrelevant when you zero in on the core of the issue here: the defendant's legal team and, most importantly, who appointed them.
Well then, this judge has already established guilt of attempted rape whilst presiding over a phone theft charge.
We can just move right along to the penalty phase.
In their rush to white knight this lady, the "defendant's legal team and who appointed them" are just shining a spotlight for the rest of the world to see just how far the legal system in Cambodia still has to go.
I'm not saying the guy is not guilty.........but there is a thing called procedure. At least give the appearance of propriety, integrity and a properly functioning justice system.
Don't posture on Bookface, HE, make your displeasure known through back channels, then when the verdict comes as you ordered.......only then, go on Bookface and crow.
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Re: TV Presenter and Oknha Fight It Out in Court
This case was last year's news, and one wonders what the motive could be for reviving this story, which does not show a particularly flattering image of Cambodia's independent judiciary.
May 4, 2022
PM: I acted in the interest of justice
Prime Minister HE, responding to criticisms that he had interfered with the judiciary, said he intervened in the case of a former MYTV presenter who was jailed last year as Prime Minister acting in the interest of justice.
He said the girl, a 20-year-old student, had allegedly stolen tycoon Heng Sear’s phone after stabbing him.
The case went viral on social media and when he came to know of it, Mr HE said he instructed his lawyers to look into the matter.
“If the problem is just a ‘male and female’ matter’, I would not have intervened, but the problem lies in the injustice of a girl student,” he said.
Mr HE when he was informed that five tycoons were involved in the detention of the girl and that attempts were made to persuade his lawyers from being involved or helping the girl with “the Prime Minister is on the side of the tycoon” statements, “I acted when I learnt about this and instructed my lawyers to ensure that the girl was released from jail.”
Sear had reported on May 8 last year that Rita stole his gold Iphone 12 ProMax mobile phone after stabbing him in his car in Phnom Penh’s Tuol Kork district.
Rita was subsequently arrested and put in jail.
“Do not be confused. I know what is right and what is wrong,” he said in reference to his detractors.
“This forced the Prime Minister to intervene to help the girl get out of jail. If I had not intervened, she will still be in prison,” Mr HE said.
Phnom Penh Municipal Court’s Chief of Secretariat of Administration Y Rin said yesterday that the case was dismissed last year by the court and dropped due to a compromise between the two parties.
“Both parties had sued each other but the charges were dropped when the matter was resolved amicably by the two parties,” Rin said yesterday.
https://www.khmertimeskh.com/501068593/ ... f-justice/
May 4, 2022
PM: I acted in the interest of justice
Prime Minister HE, responding to criticisms that he had interfered with the judiciary, said he intervened in the case of a former MYTV presenter who was jailed last year as Prime Minister acting in the interest of justice.
He said the girl, a 20-year-old student, had allegedly stolen tycoon Heng Sear’s phone after stabbing him.
The case went viral on social media and when he came to know of it, Mr HE said he instructed his lawyers to look into the matter.
“If the problem is just a ‘male and female’ matter’, I would not have intervened, but the problem lies in the injustice of a girl student,” he said.
Mr HE when he was informed that five tycoons were involved in the detention of the girl and that attempts were made to persuade his lawyers from being involved or helping the girl with “the Prime Minister is on the side of the tycoon” statements, “I acted when I learnt about this and instructed my lawyers to ensure that the girl was released from jail.”
Sear had reported on May 8 last year that Rita stole his gold Iphone 12 ProMax mobile phone after stabbing him in his car in Phnom Penh’s Tuol Kork district.
Rita was subsequently arrested and put in jail.
“Do not be confused. I know what is right and what is wrong,” he said in reference to his detractors.
“This forced the Prime Minister to intervene to help the girl get out of jail. If I had not intervened, she will still be in prison,” Mr HE said.
Phnom Penh Municipal Court’s Chief of Secretariat of Administration Y Rin said yesterday that the case was dismissed last year by the court and dropped due to a compromise between the two parties.
“Both parties had sued each other but the charges were dropped when the matter was resolved amicably by the two parties,” Rin said yesterday.
https://www.khmertimeskh.com/501068593/ ... f-justice/
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- John Bingham
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Re: TV Presenter and Oknha Fight It Out in Court
Silence, exile, and cunning.
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