Friday, November 21, 2014

# 42 Some questions for Mr Samleang Siela, Country Director of Action Pour Les Enfants

David Fletcher claims that he was not in Cambodia at the time of the alleged rapes – 15th and 22nd March 2009. The only evidence of this that has any chance of standing up in a Cambodian court is to be found in Mr Fletcher’s passport.

The British Embassy in Bangkok, knowing this to be the case, destroyed Mr Fletcher’s passport without making photocopies of the pages that he needed to present a defense in court. The British Foreign and Commonwealth Office has now provided two different explanations as to why and how Mr Fletcher’s passport was destroyed. In one version it was a ‘mistake’ and in the other, in accordance with standard Embassy protocols. Neither version of what happened to the passport withstands close scrutiny.

Foreign Secretary Phillip Hammond refuses to answer any questions at all in relation to Mr Fletcher’s passport. And Freedom of Information requests for information about the fate of Mr Fletcher’s passport have been turned down.

Yesterday, three weeks after three judges in the Phnom Penh Municipal Court promised Mr Fletcher a ‘re-trial’ they reversed their decision and said that he was not entitled to one because the paperwork was not delivered to the court in time.

The woman David Fletcher allegedly raped, Yang Dany, has been spirited out of Cambodia by the NGO (Action Pour Les Enfants) so that she was not available for cross-examination, had their been a trial and not available to speak with the media. She has sent to China by APLE but there is a suggestion, pure speculation at this point, that she has been trafficked to China.

How many other men are in jail as a result of allegations as demonstrably false as those leveled at David Fletcher perpetrated by APLE?


For anyone interested in how this matter has unfolded (and with the patience necessary!) should start at #1 and read through to # 42.


“This hearing is a matter of law, 
not a matter of fact.”

Your words yesterday, Mr Samleang Seila.

You are wrong. On 27th Oct the same judges had promised Mr Fletcher a ‘re-trial’. They had told him that he would be able to call witnesses, present evidence to the court, make a statement in his own defense.

All these were denied him yesterday.

And here you are, as Country Director of APLE suggesting that the facts in this case are of no relevance. All that is important is that David Fletcher did not file his ‘appeal’ in time. 

As you know,  Mr Fletcher did not lodge his appeal in time because the prison authorities did not deliver the paper work to the court, as requested. The governor of the prison acknowledges this.

There is little point in repeating what I have already written about at length but here are questions for you of the kind that the Prosecution would be asking you in a properly constituted court in a country in which there is the rule of law. These are the questions that LICADHO has either not bothered to ask or is not interested in asking. These are the questions I would like to ask you in a recorded interview.

- How many times, prior to June 2010, did APLE representatives ask Yang Dany about her relationship with David Fletcher?

- How many times did Yang Dany tell APLE that David Fletcher was a friend of her family only; that he helped her and her mother, Sekun, and many other people in the local community?

- When Andrew Drummond published his article about David Fletcher on 20th June 2010, did APLE have any evidence at all that Fletcher had raped Yang Dany the previous year? If so, why had no action been taken by the police?

- What conversations took place between APLE and Yang Dany between 20th June 2010 (when no allegations of rape had been made) and 27th June 2010 when she decided that she had been raped?

- Did you or anyone else from APLE tell Yang Dany and her mother, Sekun, that they could receive a large sum of money from David Fletcher if he was charged with rape?

- Were you aware, in Sept 2010, that the doctors report prepared for the court made clear that Yang Dany’s hymen was intact; that she was a virgin?

- In light of this medical evidence that Yang Dany had not been raped did you or anyone else at APLE ask Yang Dany if she had in fact been raped?

- Why did APLE proceed with rape charges when you knew that it was physiologically impossible for a woman to be ‘brutally raped’ twice and for her hymen to remain intact?

- Did you or someone else from APLE write a statement for Yang Dany in which she used the expression “reached his passion” to describe a male orgasm?

- Do you believe that the expression “reached his passion” is one likely to be used by an 18 year old Cambodian virgin?

- Did APLE pay money to the prison authorities to guarantee that the papers Mr Fletcher wished to lodge for his appeal were not delivered to the court?

- Did APLE pay prison authorities again, in this past week, to guarantee that no documents Mr Fletcher needed to have delivered to the court could leave the prison?

- Did APLE pay these same prison authorities to guarantee that even in court, yesterday, any documents Mr Fletcher had to present to the court would be confiscated from him?

- Did APLE pay the three judges to reverse their decision of three weeks ago to allow Mr Fletcher a retrial?

- Did APLE arrange for Yang Dany to leave Cambodia so that she would not be available for court proceedings yesterday; that she would not be available to be interviewed by journalists?

- Did APLE pay the fees required by Yang Dany to acquire a passport that would enable her to travel to China?

- Did APLE pay the relevant Cambodian authorities to expedite the preparation of a passport for Yang Dany?

- In the event that Yang Dany did not have a passport before she left for China, has APLE arranged for her to be trafficked to that country in the full knowledge that once she crosses the border into China she will never be seen again in Cambodia?

There are many more questions, Mr Samleang Seila but these will suffice for the time being. I await your replies and would be available at any time that suits you to conduct an interview. I will invite any and all members of the Cambodia media interested to sit in on the interview also.

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.

16 comments:

  1. Samleang Seila’s predecessor Katherine Keane, resigned because, she said: "I couldn't continue to lie in my daily reports with my conscience." Samleang Seila does not have this conscience problem.

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  2. . 1989 - Thierry Darnaudet, a French librarian, begins backpacking thru Asia, volunteers with Mother Theresa in Calcutta and soon after gets kicked out for inappropriate conduct
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    .
    . 1990s - Thierry Darnaudet spends most of his time in India and Cambodia
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    .
    . 2003 - APLE, Action Pour les Enfants founded
    .
    .
    . 2004 - Thierry Darnaudet gets charged with child abuse in Cambodia
    .
    .
    . 2007 - Thierry Darnaudet severely abuses boy in his Calcutta Children's Home
    .
    .
    . 2007 - Thierry Darnaudet moves out of his room at his ACTT children's home and attempts suicide
    .
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    . 2010 - Thierry Darnaudet investigated for allegations of child abuse, his highly paid staff quickly silence the witnesses
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    . 2012 - Thierry Darnaudet accused by one of his staff for sexual abuse at knife point, again his highly paid staff quickly silence the witness
    .
    .
    . 2013/14 - Thierry Darnaudet has finally found leaders willing to sell their conscience'. Country Director Samleang Seila and Deputy Director and Yi Moden are notorious for lying to and inciting the press and authorities

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  3. Giuseppe Nicolosi
nationality: Australian
age: 57
charges: Raping a 5yr old girl
our verdict: INNOCENT!
    Background
    Although Giuseppe Nicolosi (Gjeppe) was born in Australia, his parents are originally from Italy. Gjeppe used to be married but got divorced. He has two children.
    After his marriage Gjeppe moved to the other side of Australia, where he enjoyed his life as a bachelor. Gjeppe is always busy impressing the ladies.
    Gjeppe is a straight up guy. His thinking is pretty much the Italian way. He can be pretty hot-blooded from time to time, but all Italians have that.
    Gjeppe has no criminal record in Australia or in any other country. In the entire 57 years of his life he was never complained, accused or suspected of any wrongdoing against children. He has never been interested in children. In fact, he doesn’t even like children. His girlfriends are always over 30 years of age. He absolutely does not fit in the profile of a pedophile!

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  4. Cambodia
    In 2009 Gjeppe started traveling in Asia and ended up in Sihanoukville, where he met his girlfriend and together they started a small bar on the Otres Beach, a beach where many westerners have similar bars and restaurants.
    What he didn’t take in account was that the plots of land on the other side of the road belong to some very powerful Cambodian people and officially it is illegal to build bars and restaurants on the beach, so the people that own the land on the other side of the road extort the western owners of these bars.
    Gjeppe was also being extorted. Money had to be paid for ‘protection’ of his bar. His Italian temperament was not very helpful in situations like this in Cambodia. He refused to pay more and got enemies. A few days after the construction of his new bar was finished, it was taken down by the authorities. Gjeppe lost all his money.
    Gjeppe and his girlfriend moved out of Sihanoukville to rent a house in Siem Reap. They started a small shop in front of their house, selling beer, cigarettes, soda, shampoo etc. But Gjeppe got himself in the same kind of problem.
    
There was already another shop right next door to theirs. The owner of that shop was a policeman. Gjeppe got himself a new enemy.
    At that time there was a lady that came to clean his house twice a week. When she came she always brought her 5yr old daughter with her and sometimes this 5yr old girl also brought a 7yr old friend. The policeman was aware of this and decided to cause a problem for Gjeppe, just to warn him.

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  5. First Arrest
    Gjeppe got arrested by this same policeman and a few of his friends. They accused him of having raped two underage girls. The alleged ‘victims’ were of course the 5yr old girl and her 7yr old friend. The girls were never questioned, neither were their parents. Testimonies were made up and created by the police themselves. He was released short after that, as it was just an act of the policeman to show his power.
    A month passes. Meanwhile an NGO called IJM (International Justice Mission) hears about the arrest and decides to contact the families of the alleged ‘victims’. IJM explains the families about their rights and mentions that compensation for victims is usually about $5000 USD!
    IJM keeps in contact with the families and treats them well. The 5yr old ‘victim’ gets a new bicycle and their parents are counseled pushed to press charges against Gjeppe. The father of the 5yr old ‘victim’ is very interested in what IJM has to say. Mainly the idea of receiving justice $5000 compensation is what makes the father decide to complain Gjeppe.
    The strategy of IJM was to make the 5yr old girl the main ‘Victim’ and change the 7yr old girl from a ‘victim’ into a ‘witness’. This way, the case would be stronger. Both children were counseled trained by IJM to testify against Gjeppe.
    “How can a girl all of a sudden become a witness that sees things through a window with mirrored class after first being presented as a victim of rape inside the room?”

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  6. Second Arrest
    One month after his first arrest Gjeppe was arrested again, this time by an army of police from the Provincial Anti-Human Trafficking and Juvenile Protection Police. He was charged with raping the 5yr old girl. Gjeppe was sent to pre-detention in Siem Reap prison.
    Public Hearing & Verdict
    Just before the court hearing the 5yr old ‘Victim’ had just turned 4yrs old! Huh? Yeah, that’s all possible in ‘Child Protection Land’. For Cambodian Child Protection NGO’s it’s only money ‘facts’ that matter!
    The alleged ‘Victim’ was questioned interrogated as if she was a suspect by the judge, the prosecutor, and her own IJM lawyer.
    “..Mr. Djeppe is a nice man and he never did anything to me. Really! No, he didn’t do that! No, Mr. Djeppe never did anything like that!...”
    The poor little girl
    Also the mother of the 5yr old ‘Victim’ testified.
    “..Mr. Djeppe never did anything to my daughter. Mr. Djeppe is a good man. My husband wanted our daughter to complain Mr. Djeppe, because he wanted the $5000 the NGO promised us. My husband told our daughter he would beat her if she would not testify against Mr. Djeppe. That’s why our daughter said those things to the police. Now I feel very sorry for Mr. Gjeppe...”
    Mother of the poor little girl
    The 7yr old girl also testified, but her story was very inconsistent. No matter how hard this poor girl was counseled trained by the good doers of IJM, one cannot expect from a 7yr old girl to testify about something that never happened in the first place and be consistent about it.
    Finally, there was a medical examination report that showed no sign of sexual abuse! Please be reminded that Djeppe is being accused of raping the 5yr old girl!
    The prosecutor said that there was no indication that Mr. Nicolisi had committed the crime and demanded his immediate release.
    The Verdict
    One week later Djeppe went to court to hear the verdict. He felt optimistic, because there was no evidence against him and even the prosecutor had demanded for his release, but IJM had not been sitting around in the week after the trial.
    IJM has strong connections with the Australian Embassy and the embassy has done some diplomatic pressuring on the Cambodian Ministry of Justice.
    “...Following a letter of the Australian Embassy and the Ministry of Justice I hereby sentence Mr. Giuseppe Nicolosi to 8 years in prison!”
    Judge of Siem Reap Court
    The judge holds up a letter stamped and signed by both IJM and the Australian Embassy. Without giving any further explanation, Djeppe gets an 8 year sentence!
    Djeppe appeals the verdict. By that time he had already spent more than one year innocent in Siem Reap prison. An appeal will take at least another year of his life.
    His son and daughter have asked the Ministry of Foreign Affairs in Australia about this mysterious letter but they never got an answer back. We have asked the Australian Embassy about this letter, but also we don’t get an answer.
    Our team was able to obtain a copy of this letter though. More about this letter can be found under the ‘Secrets’ section of this website.

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  7. The Appeal
    Djeppe appeared at Appeal Court in Phnom Penh. The alleged ‘Victims’ were absent. The Appeal court concluded that there was no evidence against Mr. Giuseppe Nicolosi, but concluded that the case needed to be reinvestigated.
    In theory Gjeppe has nothing to fear, but that's also what his lawyer told the first time. The whole procedure will take at least another year, which means that by that time he has spent 3 years in jail.
    APLE Cambodia got notice of the case too and when there’s lack of own cases and publicity, APLE just takes the case of another NGO to present as their case in the media, especially when there’s lack of funding.
    “…the girl might be too young to remember her entire long-past traumatic experience correctly and she might have retracted her accusation as a result.”
    Mr. Saylies Samleang
    Where did we here that quote before? I think we wrote about Mr. Saylies Samleang, Country Director of bla bla bla, didn’t we? Yes we did actually! It's under the section Biggest Liar of Cambodia!
    “I think it is a wise decision by the court to further investigate in case of doubts..”
    Mr. Saylies Samleang
    Shut the fuck up, you fart face! The guy is being accused of having raped a 5yr old girl. There’s a medical report saying there’s no sign of sexual abuse, the ‘victim’ told the court that nothing ever happened and the mother of the alleged victim confirms that nothing ever happened!
    Do you want this poor little girl to go through the whole process of being interrogated questioned again, just to find funding for your business 'justice' for the 'Victim'? Do you have any idea about how much this whole process has damaged the children already???
    Mr. Slime, Sleazy, Saylies Samleag: You’re a disgusting person and you're a digrace for Khmer society!
    Our Conclusions & Findings
    After having spoken to both Djeppe, the mother of the alleged victim and the poor 5yr old girl herself and after having examined the official case documents, we are convinced that Mr. Giuseppe Nicolosi is INNOCENT!
    Unfortunately the case of Giuseppe Nicolosi is not over and done yet. Unfortunate also for the two girls who now have to go to the process of being questioned again about something that never happened.

IJM has manipulated the families and the children by buying them things and pressuring them to testify against Mr. Nicolosi.
    Our team has spoken to the girls and in our opinion the two girls have been severely traumatized by this whole circus. Now that APLE is also involved it’ll mean that the pressure on those two poor little girls will be even higher. Poor children!
    This case proves once again that 'Child Protection' NGO’s only want to score convictions in order to justify their presence, their existence and their million dollar annual budgets! They claim to defend and protect children, but in fact their abusing children and their families for their own benefits. It’s disgusting!
    APLE’s Dictated Media Outages & Press Releases
    • Broken link (IJM has recently removed their original article about Djeppe’s arrest)
    • http://aplecambodia.org/index.php?option=com_content&view=article&id=1582

    Questions That Should be Asked:
    • Why is this mysterious letter from the Australian Embassy never mentioned in the media?
    • Why is the family of the alleged victim never asked for comment?
    • Why was Djeppe convicted in the first place?
    • Why wasn’t he released after his appeal hearing?
    What is the role of the Australian Embassy and the Australian Government in this case?

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  8. Am reading this correctly? Was Naly Pilorge the original Registrar of Action Pour Les Enfants?

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    Replies
    1. Naly Pilorge and Thierry Darnaudet started APLE together.

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    2. Yes. The reason why you will never hear back from Dr Kek Pung is that APLE and LICADHO are joined at the hip. They are one and the same. LICADHO can always rely on APLE to keep up the supply of 'victims' required to justify its existence. Its the same as the fireman who starts fires so he can look like a hero when he puts them out. LICADHO is a corrupt NGO. I dont expect you tobelieve me but keep asking questions and youlll find out Im right,.

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    3. I do find this difficult to believe but I will continue to ask questions. If you have any further information please supply it either here on this blog or send me an email to: jamesricketson@gmail.com

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  9. Mr Ricketson, are you aware that Mr Fletcher's case is being discussed again on Khmer440? Perhaps not, since you are making no contribution. This is not like you!

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    Replies
    1. Someone did mention to me that there had been a mention of it on Khmer440. I can[t be bothered looking, however, as I am am banned from the site and know full well that it is censored by the new owner. Indeed, the reason why I am banned is that I will not take part in any public forum in which the administrator decides what is first to publish and what is not - subject, of course, to the laws of defamation. In addition to such censorship, the new owner has informed me that I would not be allowed to alert any Khmer440 readers/contributors that a substantial amount of information is available on my own blogsite regarding the case of David Fletcher. It is of no consequence since my readership continues to grow and those who do visit my blog soon become aware of the extent to which Khmer440 is censored and controlled by the new owner. This story has some way to go yet and this is the place to read about it - not Khmer440.

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  10. the picture of the girls medical report is bullshit, it shows no evidence who the report belongs to or who conducted it. wouldnt it be more constructive for u to spend ur time actuay doing someting rather than complainging day in and day out?

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  11. This is an extract from a full report presented to the Phnom Penh Municipal Court and accepted by the court. For obvious reasons I cannot include the entire report here - only the most significant part of it. The judges reeled that whilst Yang Dany's hymen was intact it must be because it had grown back. Draw your own conclusions.

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