Phen Kimsong

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Charge:	Defamation/Slander
Sentence:	"US$1,952 fine & US$2,441 compensation"
Years Imprisoned:
Year Crime:	2013
Year Convicted:	2016
Year Cleared:	2018
U.S. State or Country of Crime:	Cambodia
County or Region of Crime:
City of Crime:	Phnom Penh
Result:	Judicially Exonerated
Summary of Case:	"Eang Vuthy, Chheang Phea, and Phen Kimsong were codefendants wrongly convicted on August 22, 2016 of public defamation in Phnom Penh, Cambodia. The prosecution of the three was based on their positions at the NGO Equitable Cambodia (EC) when a memo circulated in 2013 among the three about the firing of employee Chan Vichet. Eang Vuthy was EC's executive director, and Chheang Phea and Phen Kimsong were the past and present HR directors respectively. The confidential memo discussed Vichet's immediate dismissal for "serious misconduct." Vichet filed a complaint the memo defamed him. During the trial of Vuthy, Phea, and Kimsong Phnom Penh Municipal Court Judge Kor Vandy questioned Vichet about whether he had seen Vuthy speak to colleagues about his dismissal or if he had witnesses who had, to which Vichet replied he did not. The defendant's defense was the memo fell outside of criminal public defamation because it was only circulated within the company and involved a private workplace dispute. During the trial's closing arguments on August 8, 2016, Vichet's lawyer argued the internal memo hurt his reputation, "so it is enough to charge them with defamation," and "that Vichet’s expedited dismissal “shows the team’s bad intentions"". However, Prosecutor Seng Heang unexpectedly took the position of the defendant's lawyer, and advised Judge Kor Vandy in his closing remarks that “there is no evidence” of defamation." Judge Vandy's verdict was due on August 22, but legal expert Sok Sam Oeun observed he could not recall a judge who delivered a guilty verdict after a prosecutor declared there was no evidence the charged crime had been committed. Nevertheless, Judge Vandy found the three guilty, stating that he couldn't accept the prosecution's statement that there was "no evidence" supporting defamation. The same day he found them guilty, he sentenced each to pay a fine of 8 million riel (US$1,952) fine and ordered each to pay Vichet 10 million riel (US$2,441) in compensation. The three appealed. On January 12, 2018 Cambodia's Appeal Court overturned the convictions of Vuthy, Phea, and Kimsong, ruling the prosecution had presented "no evidence" to support that they had committed public defamation. After the ruling was announced, Vichet threatened to sue The Phnom Penh Post for defamation. He told reporters, "The Phnom Penh Post has published untrue things and previously has twisted my name." "
Conviction Caused By:	The judge found the three defendant's guilty without any evidence they had committed a crime.
Innocence Proved By:	"On January 12, 2018 Cambodia's Appeal Court overturned the convictions of Vuthy, Phea, and Kimsong, ruling the prosecution had presented "no evidence" to support that they had committed public defamation. "
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"Court overturns NGO’s defamation conviction, By Mech Dara and Leonie Kijewski, The Phnom Penh Post, January 15, 2018"
Information Location 1:	http://www.phnompenhpost.com/national/court-overturns-ngos-defamation-conviction
Information Source 2:	"‘No evidence’? No problem: NGO staffers found guilty, By Jack Davies, The Phnom Penh Post, August 23, 2016"
Information Location 2:	http://www.phnompenhpost.com/national/no-evidence-no-problem-ngo-staffers-found-guilty
Information Source 3:	"‘No evidence’, admits prosecutor in defamation trial, By Niem Chheng and Jack Davies, The Phnom Penh Post, August 9, 2016"
Information Location 3:	http://www.phnompenhpost.com/national/no-evidence-admits-prosecutor-defamation-trial
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Phen Kimsong

Charge:

Defamation/Slander

Sentence:

"US$1,952 fine & US$2,441 compensation"

Years Imprisoned:

Year Crime:

2013

Year Convicted:

2016

Year Cleared:

2018

U.S. State or Country of Crime:

Cambodia

County or Region of Crime:

City of Crime:

Phnom Penh

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

The judge found the three defendant's guilty without any evidence they had committed a crime.

Innocence Proved By:

"On January 12, 2018 Cambodia's Appeal Court overturned the convictions of Vuthy, Phea, and Kimsong, ruling the prosecution had presented "no evidence" to support that they had committed public defamation. "

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Court overturns NGO’s defamation conviction, By Mech Dara and Leonie Kijewski, The Phnom Penh Post, January 15, 2018"

Information Location 1:

http://www.phnompenhpost.com/national/court-overturns-ngos-defamation-conviction

Information Source 2:

"‘No evidence’? No problem: NGO staffers found guilty, By Jack Davies, The Phnom Penh Post, August 23, 2016"

Information Location 2:

http://www.phnompenhpost.com/national/no-evidence-no-problem-ngo-staffers-found-guilty

Information Source 3:

"‘No evidence’, admits prosecutor in defamation trial, By Niem Chheng and Jack Davies, The Phnom Penh Post, August 9, 2016"

Information Location 3:

http://www.phnompenhpost.com/national/no-evidence-admits-prosecutor-defamation-trial

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Book About Case:

Book Information:

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