Dear Dr Kek Pung
President
LICADHO
20th Nov 2014
Dear Dr Pung
If any representative of LICADHO
had been present in court this morning they would have seen, with their own
eyes, prison guards confiscating from David Fletcher documents that he wished
to present to the court. They would have seen myself, in frustration, grab
these documents from the guard holding them and thrust them into the hands of a
clerk of the court. They would have seen these same prison guards then making
frantic phone calls – to find out, it would appear, what to do about the
documents that they did not wish the court to see. And, perhaps, what to do
about me!
Three days ago, when David
Fletcher tried to hand me these and other documents in prison, he was prevented
from doing so by prison authorities.
Prison authorities have clearly
been given their instructions: Do not allow any documents from David
Fletcher to be presented to the court.
This was not an auspicious
beginning to David Fletcher’s ‘re-trial.’ In reality it was to be his first
trial, given that the one which occurred in 2011, at which he was not present
and could not present a defense, breached pretty well every part of the Cambodian
Code of Criminal Procedure.
Some way into the proceedings,
after the main judge had admonished me for sitting incorrectly in court, it
became apparent that this was not a re-trial at all. Despite the promises made
by the judges on 27th Oct that this would be a re-trial, the judges
had changed their minds. It was only a hearing. And, contrary to the promises
made on 27th Oct that Mr Fletcher would be able to call witnesses,
present evidence to the court and conduct a defense, it was decided by the
learned judges that he could do none of these things. He could not even make a
statement to the court.
The ‘re-trial’ today had been
rebranded as a ‘hearing’ and the result of the hearing was that the judges
determined that Mr Fletcher was not entitled to a retrial – regardless of the
promises these same judges made on 27th Oct.
If LICADHO representatives had
been present in court they would have noted that the court appointed lawyer
knew so little about the case that it had to be pointed out to her that Yang
Dany was a woman! She spoke to David Fletcher for no more than 2 minutes before
the court proceedings began and said nothing in court.
If LICADHO representatives had
been present in court they could not have failed to be impressed with the speed
with which the judges prepared their judgment. Late in the morning, having
heard no evidence (having refused to hear any) and having refused to allow David
Fletcher to present any evidence, they adjourned for 15 minutes to consider
whether or not to allow David Fletcher the re-trial they had said he was
entitled to a few weeks earlier. 15 minutes later they re-appeared with a long
statement written in Khmer. It took the main judge about five minutes to read
it out. The document had clearly been prepared before the court case began. The
court proceedings had been a farce.
Of course, no representatives of
LICADHO were present in court to witness this travesty; to witness with their
own eyes the corrupt Cambodian judiciary at work. The same applies for the
British Embassy which will, if past performance is anything to go by, cite
today’s ‘hearing’ as having been in accordance with Cambodian law.
I will leave it to you, Dr Pung ,
to join the dots.
- APLE tells the key witness to
go to China and not be present in court.
- Prison authorities prevent Mr
Fletcher from sending documents to the court.
- These same prison authorities
prevent Mr Fletcher from presenting documents to the court in front of many
witnesses.
- The judges renege on their
promise of a re-trial and re-brand this mornings proceedings as a ‘hearing’ – a
hearing at which no evidence can be presented.
- And then a judgment read to the
court that had clearly been prepared before today’s proceedings.
How much evidence do you need, Dr
Pung, before LICADHO will acknowledge, in public, that David Fletcher’s legal
and human rights have been abrogated; that the judges in the Phnom Penh
Municipal Court have been induced to breach the Cambodian Code of Criminal
Procedure to see to it that David Fletcher does not receive a fair (or any)
trial.
LICADHO is now complicit in what
will almost certainly be David Fletcher’s death in jail for a crime he could
not have committed unless, as the trial judges asserted, a woman’s hymen can
grow back.
LICADHO has aligned itself with a
corrupt and criminal NGO (APLE) and David Fletcher is just collateral damage in
the war on pedophiles.
Shame on you, Dr Pung. Shame on
LICADHO.
best wishes
James Ricketson
 |
| This is an extract from the medical report prepared for the Phnom Penh Municipal Court in September 2010 - 3 months after David Fletcher's arrest in Thailand. The report makes clear that Yang Dany's hymen was intact; that she was a virgin. The judges decided, in the secret trial, that Yang Dany's hymen must have grown back. |
Licadho's income stream is dependent in part on being seen to be in the front line battling paedophilia. Once Licadho got into bed with APLE it had no choice but to turn a blind eye to the way APLE goes about setting up men with false allegations. Licadho is as corrupt as APLE.
ReplyDeleteFind out more about APLE at
ReplyDeletehttp://www.aplengo.com/home.html
THINKING OF DONATING OR SUPPORTING APLE? LEARN WHO THEY REALLY ARE FIRST BEFORE MAKING THAT DECISION.
ReplyDeleteACTION POUR LES ENFANTS HAS MANY DARK & DIRTY SECRETS. THROUGH DECEPTION, ENTRAPMENT, LIES, THREATS & BRIBERY APLE DESTROYS MANY INNOCENT LIVES. THIERRY DARNAUDET, APLE FOUNDER, HAS SOME DARK & DIRTY SECRETS HIMSELF. FOR THOSE WHO HAVE ANY FORM OF DISCERNMENT OR INNER CHARACTER RECOGNITION, HAVING MET HIM PERSONALLY, WILL FEEL SOMETHING LURKING BELOW THE SURFACE.
Thierry Darnaudet's cover seems flawless, "They're trying to set me up." He has camouflaged himself under the concept that he is trying to put an end to paedophilia. After researching Thierry Darnaudet and his APLE and ACTT organizations, you will find reasonable and considerable suspicion.
ReplyDeleteLet's get this straight right now - Paedophilia offenders deserve the maximum punishment, and then some!
That said, it's time for Thierry Darnaudet, his organizations, their network of partners and supporters, their lies, intimidation, threats, bribes, harassment and profiteering to come to an end.
We hereby offer $25,000 USD compensation to any victim(s) of Thierry Darnaudet, APLE or ACTT staff and partners, for information that leads to the successful uncovering and conviction of said individuals or group. This may sound extreme, but when dealing with extreme individuals or organizations that deploy the same tactics (offering rewards for reporting suspicious activities), then the same tactics must also be used.
Information received must be legitimate and proven in a court of law. Your information will remain strictly confidential with us and our law team until you have signed and authorized the charges. To send your complaint, click on the link at top: "Make A Difference."
OUR MISSION
ReplyDeleteTHERE IS STRENGTH IN NUMBERS. THAT IS OUR GOAL. AN ENTITY THAT HAS GONE THIS FAR MASKED FOR "THE CAUSE" CAN ONLY BE UNMASKED THRU UNITY OF THE VOICES OF THOSE WHO HAVE BEEN USED AND ABUSED BY THEM
OUR GOAL
TO EXPOSE THIERRY DARNAUDET, APLE, ACTT, THEIR PARTNERS AND SUPPORTERS - IN INTEREST OF INTERNATIONAL LAW AND THE FUNDAMENTAL MORALS OF OUR FUTURE GENERATIONS
Do your own research:
ReplyDeleteTHERE IS STRENGTH IN NUMBERS. THAT IS OUR GOAL. AN ENTITY THAT HAS GONE THIS FAR MASKED FOR "THE CAUSE" CAN ONLY BE UNMASKED THRU UNITY OF THE VOICES OF THOSE WHO HAVE BEEN USED AND ABUSED BY THEM
TO EXPOSE THIERRY DARNAUDET, APLE, ACTT, THEIR PARTNERS AND SUPPORTERS - IN INTEREST OF INTERNATIONAL LAW AND THE FUNDAMENTAL MORALS OF OUR FUTURE GENERATIONS
PLEASE TAKE SOME TIME TO GOOGLE "APLE CAMBODIA" AND "THIERY DARNAUDET". YOU WILL QUICKLY LEARN, SOMETHING IS BAD WRONG. THERE ARE MANY OTHER "JUSTICE" ORGANIZATIONS IN CAMBODIA THAT COULD USE THE SUPPORT, AND ARE NOT WORKING STRICTLY FOR PERSONAL GAIN - EXPLOITATION PROFITEERING
Is 'buying the judges' the state of the judicial system in Cambodia? What a mess! Why doesn't the press expose this, are they complicit also?
ReplyDeleteI am not in a position to offer money to anyone for information (and nor would I do so even if I had it) but as a filmmaker/journalist I would welcome any information anyone may have about APLE.
ReplyDeleteMy own experience with APLE, through David Fletcher, has been dealing with what seems to be to be a corrupt criminal organization. There is a mass of material available that suggests others have had this same experience with APLE and that there may be many men in jail on charges that have been trumped up as those against David Fletcher have been.
In any country in which there is the rule of law some investigation would have been conducted by now into APLE. The investigation would have determined whether there was evidence to charge APLE with certain offenses or if there was not. If there was, charges would be laid, a case would be heard, APLE would be provided with the opportunity to defend itself etc. In short, there would be a legal process followed in which facts and evidence would play the pivotal role, not scuttlebutt and rumour of the kind spread on Khmer440.
There is no agency, no government body, in Cambodia in a position to investigate APLE! Who would conduct such an investigation? Unfortunately, LICADHO has given APLE its seal of approval and no doubt APLE uses this to raise money all around the world. The more ‘pedophiles’ APLE catches and puts in jail, the higher it can claim its success rate to be. For those who do not understand Cambodia APLE may well look like a terrific organization doing good work. For those who do just a little research, another picture emerges.
I cannot really comment on the other claims that have been made about APLE but I do know that in the case of David Fletcher, APLE has pursued a man it knows could not have raped Yang Dany – unless APLE agrees with the Phnom Penh Municipal Court judges that a woman’s hymen can grow back after two ‘brutal rapes’. As recently in yesterday APLE was going along with this proposition in court – secure in the knowledge that Yang Dany was out of the country and would not be in a position to talk with journalists or to be cross-examined if a court case had been heard.
Why LICADHO aligns itself with such an NGO raises a Pandora’s box of questions that I hope will be asked by others. Many others.
Friday morning. A quote from the Cambodia Daily.
ReplyDelete"Asked about Mr Dany's recent admissions, APLE country director Samleang Seila said: 'She has made her statement. Whether that statement is true or not is for her to defend.'"
Yang Dany was not, yesterday, in a position to either defend or refute her videotaped statement. She had been instructed by APLE not to appear in court and to leave the country. The most recent report is that Yang Dany was on her way to China. How, one might ask, does an impoverished 22 year old unemployed woman find the money, at very short notice, to get a Cambodian passport? How does she manage to acquire a passport with such speed?
Mr Samleang Seila went on to say, about Yang Dany:
ReplyDelete"We are simply representing her in court. She can request that we stop at any time."
Yang Dany and her mother have both told me that they have requested of APLE that it 'stop'. APLE cannot afford to 'stop' however. For APLE to now admit that it had been running a case against David Fletcher in the full knowledge that he had not raped Yang Dany would open up a Pandora's Box of questions about all the other men who are sitting in Cambodian jails as a result of APLE's false allegations. This would, in effect, destroy whatever remains of APLE's credibility. And without credibility, the cash would stop flowing into APLE's coffers.
I can understand why, having discovered a successful business model, Mr Samleang Seila would not want it to be interfered with. What cannot understand is why LICADHO is complicit in the prosecution (persecution) of men such as David Fletcher when there is little or no evidence of their having committed a crime.
The reason why court cases are held, regardless of guilt or innocence, is to make sure that innocent men and women are not jailed for crimes they did not commit. In Mr Fletvher's case there has not been, this past four and a half years, anything that even remotely resembles a proper court case. A 're-trial' was offered to Mr Fletcher on 27th Oct by the very same judges who denied it to him yesterday.
This travesty of justice now has the imprimatur of LICADHO! I simply do not understand this!
More from the Cambodia Daily article:
ReplyDelete"Pressed for a more detailed explanation of the disputed testimony that led to Mr Fletcher's conviction, Mr Seila said the time had passed for such questions.
'It is too late for that. This hearing is a matter of law, not a matter of facts. He missed the deadline.'"
Mr Samleang Seila has just damned himself in print. He is not interested in facts at all - especially if those facts (like Yang Dany's intact hymen) reveal that the accused in innocent. Mr Samleang Seila's primary concern is not with facts, with evidence, but with 'deadlines'.
LICADHO is a human rights organisation whose remit should extend behind concern with deadlines to the right of the accused to be judges on the basis of facts. This has been denied Mr Fletcher.
For the record, David Fletcher denies having ever taken Yang Dany's clothes off. Indeed it would have been very difficult for him to do so because the venue in which Yang Dany made her original claims did not exist in March 2009. This, combined with the fact that David Fletcher was not in Cambodia in March 2009 should give anyone interested in this case (LICADHO, for instance) reason to have some doubts about the veracity of anything Yang Dany says. And this includes her recent confessions. However, her confessions are backed up by the court document that makes it quite clear Yang Dany was a virgin after the rapes. This fact, along with all the other facts, will never be presented to a properly constituted court and David Fletcher will die in jail. And, once Yang Dany gets across the border into China she will, in all likelihood never be seen or heard of again.
Does Licadho ever respond to you, Mr Ricketson? I have been a great admirer of Kek Pung and Licadho for many years and cannot believe that she would knowingly be involved in scams such as the ones described here!
ReplyDeleteNo response from LICADHO as yet. I don't expect one. LICADHO'S commitment to human rights does not extend to men who have, on the basis of facts (hymen intact) been set up by APLE. On Sunday LICADHO will celebrate 'International Day to End Impunity'. The impunity being referred to here has to do with the Cambodian government. As for NGOs, they can do what they like and LICADHO will remain discretely silent, turn the other way. A shame and a shock for me as I have met Dr Kek Pung on a few occasions and found her to be a warm-hearted and compassionate woman. I am clinging to the hope that perhaps she has been kept in the dark about APLE by others within LICADHO who think it a good idea to partner with an NGO that quite deliberately, and for economic gain, breaches the legal and human rights of those who, like David Fletcher are seen as fair game, and the materially impoverished Cambodian women who believe APLE when they are told that they will make a lot of money out of levelling false accusations at these men.
DeleteThere was quite a lot of info on APLE on a website that is now defunct. You can find the content on archive.org under this link: https://web.archive.org/web/20130625091403/http://tpf-cambodia.com/
ReplyDelete