Thursday, October 23, 2014

# 14 APLE complicit in perverting the course of justice? More questions for Ana G. Pinheiro & Thierry Darnaudet




8th Sept 2010 medical report for the Phnom Penh Municipal Court regarding Yang Dany's hymen after two alleged rapes.


Ana G. Pinheiro, Legal Coordinator
Thierry Darnaudet
Action pour les Enfants (APLE Cambodia)

Dear Ana and Thierry

Further to my previous letters of 16th and 22nd Oct.

I learned last night that Yang Dany has been instructed by her lawyers not to attend the hearing to be held next Monday (27th Oct) at the Phnom Penh Municipal Court. This appears to be a ploy on the part of the lawyers representing Yang Dany  to make it impossible for her to be asked any questions at the hearing.

The most pertinent question, of course, would be:

“Did David Fletcher rape you in March 2009?”

If Yang Dany’s answer in court were to be the same as her answer to me (and two journalists present), when I asked this question (on camera), the judges would find it very difficult not to grant Mr Fletcher’s request for a proper trial. Yang Dany and her mother’s confession that no rape took place is backed up by a court document, written by the doctor who examined Yang Dany that makes it clear she remained a virgin (her hymen intact) after she had allegedly been raped by David Fletcher.

Yang Dany claims that she does not know which NGO is paying the lawyers representing her in court; the lawyers ho have instructed her not to attend court on 27th. Given the frequency with which APLE crops up in on-camera conversations with Yang Dany, it occurs to me that APLE may be paying these lawyers. If I am wrong in making such a presumption, please do alert me to the fact as soon as possible.

My question for you both is this:

“Is APLE (Action pour les Enfants) paying the lawyers representing Yang Dany?”

This question requires merely a ‘yes’ or a ‘no’ answer.

I am copying this email to the Cambodia Daily and the Phnom Penh Post in the hope that these newspapers will ask you both this question, along with another:

“Has APLE instructed Yang Dany’s lawyers to tell her not to attend the 27th Oct hearing in the Phnom Penh Municipal Court?”

I am also copying this also to LICADHO and ADHOC in the hope that both of these human rights organizations will likewise, out of their concern for David Fletcher’s human rights, ask questions along these lines.

In the event that APLE is not paying the lawyers who have instructed Yang Dany not to attend court next Monday, I trust that both the media and human rights organizations will make their best endeavours to find out which NGO is behind what appears to be an attempt to pervert the course of justice.

best wishes

James Ricketson

8 comments:

  1. Since writing my letter to Thierry Darnaudet I have been presented with more than one version of 'the truth'.

    It is now clear that APLE is representing Yang Dany in court and that APLE lawyers will be in court on Monday pressing on with a case that is founded on the proposition that David Fletcher raped Yang Dany!

    APLE's lawyers now know that Yang Dany was not raped - as was evident in the doctor's report submitted to the court!

    Whether Yang Dany will be in attendance at court on Monday is still uncertain. In accordance with Cambodian law she is obliged to be present.

    ReplyDelete
    Replies
    1. Ricketson, you think it is acceptable to disseminate medical evidence (if it is real) of a victim? Do you have no ethics at all?

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    2. You can not be serious, you feminist shithead or mangina.
      The victim is Fletcher and Fletcher only, like all the men who get convicted for this type of artificial crimes.

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  2. How much evidence do donors to APLE need before they realise that the NGO is in the business of selling pedophiles - down the river. It may be that from time to time APLE actually nail a real pedophile but how many has the NGO set up for crimes they did not commit in order to keep the donor money coming in? How can APLE be a party to the prosecution and jailing of a man for 10 years whilst at the same time knowing that he is innocent? This is corruption of the worst kind. APLE should be thrown out of Cambodia!

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    Replies
    1. APLE should be run out of town like Somaly Mam was. How many innocent men are in jail because of this corrupt NGO?

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    2. First of all, APLE is a child protection organization, not the court of justice. The court of justice found Fletcher guilty, not APLE. APLE just represents a victim which they think has been raped by Fletcher. Provide any evidence of APLE being corrupt before making statements like this? As far as I know they have never been caught in lies or any form of corruption, but I would be open to any evidence from your side.

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    3. Anonymous 9.23

      I do net feel the need to repeat all that I have written about APLE's involvement in the pursuit and prosecution of David Fletcher - despite APLE's knowing, in Swept 2010, that Yang Dany's hymen was intact and that it was highly unlikely that she could have been raped by anyone - unless the proposition is accepted that a woman's hymen can grow back.

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  3. For those interested in other NGOs who played a role in the prosecution of David Fletcher, a visit to the following blog entry will be instructive:

    http://cambodianchildrensfund.blogspot.com/2014/10/were-you-participant-scott-in-peter.html

    ReplyDelete