Dr Kek Pung
President, LICADHO
Phnom Penh
Cambodia
29th Dec 2014
Dear Dr Pung
I
continue to be overwhelmed with information relevant to the activities of
Action Pour les Enfants this past decade. There is much more than I can deal
with but to whom could I give this information such that it would result in an
independent investigation? There is no-one. No body. No organization. No NGO. Fraudulent
NGOs know that no-one, including LICADHO, is interested in facts, evidence or
truth when it comes to men accused of sex crimes and they can and do capitalize on this knowledge.
I
have a suggestion as to how LICADHO could, if it so desired, set in motion an
investigation in such a way as to not target any one NGO.
Firstly,
I wish to quote from an article in an issue of the Phnom Penh Post last week
concerning allegation of sex abuse on the part of a Mr Johnson:
After Mr. Johnson’s arrest
in Cambodia, a separate investigation by anti-pedophile NGO Action Pour Les
Enfants (APLE) revealed numerous claims of abuse committed by Mr. Johnson at
his Home of Hope orphanage in Meanchey district’s Boeng Tompun commune, which
cared for at least 30 children and teenagers.
APLE country director
Samleang Seila said Tuesday that the abuses included touching of the five boys’
genitals as well as oral and anal sex.
During the course of the
trial, however, all of the victims either recanted or changed their statements.
Mr. Seila said he thinks this was because they were afraid to lose financial
support from Mr. Johnson.
“I also think the
relationship for some victims with Johnson is still quite close, and they did
not want to see Johnson deported,” he said.
The Phnom Penh Municipal
Court ultimately found Mr. Johnson guilty of committing indecent acts against
boys under the age of 15.
While sitting outside his
cell at the immigration department on Monday, Mr. Johnson said he was innocent
and accused APLE of intimidating and coercing the five victims to testify
against him. This, he said, was so APLE could use his conviction to court new
donors.
“At some point…they started
focusing on numbers, and when they started focusing on numbers they lost line
of sight with fact,” he said…
APLE’s Mr. Seila, however,
said Mr. Johnson’s accusations that his NGO pursued him for the sake of money
were baseless.
“This is ridiculous, there
is no reason at all we would do this,” he said.
Mr. Seila also said that
none of the boys or their families was intimidated or coerced during the
investigation.
Who
is telling the truth here? Mr Johnson or Mr Seila?
Allegations
such as this have been leveled against APLE many times this past decade –
namely they APLE has, through either financial inducements or threats, acquired
statements from children regarding alleged sexual abuse that are false, in
order to secure convictions.
It
must be acknowledged that men accused of sex crimes (or the lawyers
representing them) can also offer inducements to the materially poor families
of children they have been accused of
abusing - to get the children to deny having made their original complaint or
to change their complaint in a way that is to the advantage of the accused.
How
can we ever know who has made the threats and/or inducements – APLE or the
accused? The same applies, of course, to all NGOs involved in the investigating
of crimes against children whose funding is dependent of securing convictions.
Before
addressing this question, another must be asked:
How common, word-wide, are false
allegations of child sexual abuse?
The
following is but one of many descriptions of false allegations to be found on
the internet:
A false
allegation of child sexual abuse is an accusation that a person committed
one or more acts of child sexual abuse when in reality there was no perpetration of abuse by
the accused person as alleged. Such accusations can be brought by the alleged
victim, or by another person on the alleged victim's behalf. Studies of child
abuse allegations suggest that the overall rate of false accusation is under
10%. Of the allegations determined to be false, only a small portion
originated with the child, the studies showed; most false allegations
originated with an adult bringing the accusations on behalf of a child, and of
those, a large majority occurred in the context of divorce and child-custody battles. Another possible motive
is revenge by the person making the allegation against the accused person.
There is also evidence that the UK (and formerly the New Zealand) systems of
paying substantial compensation to alleged victims and their parents without
requiring proof of the allegation, can provide a motive for making false
allegations.
If
false allegations in the ‘developed world’ run to 10%, to what percentage do
they run in Cambodia? Is it possible to find out? Is LICADHO interested in
finding out?
Now,
to the question of who is to be believed in the case mentioned above? Mr
Johnson or Mr Seila?
Suggestion:
Talk to the children who have
made statements against the accused.
There
are highly trained professionals in (for want of a better expression) the ‘developed
world’ who know how to elicit information from children who may have been
sexually abused but who may also have been coached by parents, NGOs, police or
others to provide answers that suit an accuser’s particular agenda. A wife may,
for instance, induce a child to accuse her father of sexual abuse in order to
gain custody or as a bargaining chip in a divorce proceeding. And a father may
coach his daughter to accuse her mother’s new boyfriend of sexual abuse in
order that he can acquire custody. And so on.
An
untrained amateur may be inclined to believe the child whereas a trained
professional would (and should) be as close to 100% sure as possible that the
child is speaking the truth and has not been coached.
Such
a university-trained professional, trained in child psychology, child welfare,
could, without causing trauma to a child, make an assessment as to the
reliability of the child’s testimony. This happens all the time in Britain, in
Australia, in the US and so on. It does not happen in Cambodia. Why not? Why is the assessment of the
reliability of children’s evidence left up to amatuers?
Is
it appropriate for any NGO to investigate an allegation of sex abuse, be
actively involved in prosecuting the alleged perpetrator, without any
independent trained professional (with no vested interest in the outcome of the
case) interviewing the children? All too often, in Cambodia, the children are interviewed by no-one other
than the NGO with a vested interest in the outcome of the case. And all too
often the children themselves are not available to be cross-examined in court
or to have their testimony tested in any way by defense counsel.
My
suggestion is that LICADHO (perhaps in conjunction with ADHOC, SISHA, CEOP and
other NGOs involved in the investigation of sex abuse) pool their financial
resources to employ some highly experienced, totally independent child welfare
experts to talk with children whose testimony has led to men being jailed or
acquitted under contentious circumstances. By this I mean, men who have been
acquitted as a result of children changing their testimony and men who have
been found guilty despite the children denying that any sexual abuse took
place.
Such
an independent investigation would provide some solid evidence as to whether or
not the coaching of children is widespread or takes place in isolated instances
only. Or perhaps not at all.
Whilst
my immediate concern is with the multiple allegations that have been made
against APLE I suggest that such an independent investigation not be limited to
any one NGO but be applied to a cross-section of sex abuse cases from the last
few years – regardless of which NGOs may have been involved in the
investigations, and which NGOs may have been providing legal assistance to the alleged
victims. Perhaps the cases to be looked at could be chosen in a random way,
since this exercise, at least at the outset, is not to accuse any particular
NGO or accused person of ‘coaching’, intimidation or bribery, but to ascertain
what percentage of convictions involve false alletgations.
It
is hard to see how any NGO committed to justice and the protection of human
rights (in practice as well as theory) could possibly object to such an
independent investigation. Given that participation in such an investigation
would be voluntary it would be interesting to see which NGOs are happy to go
along with it and which would refuse to participate.
If
an independent investigation of the kind I am suggesting were to reveal that
20% of allegations of child sex abuse in
Cambodia were false, would this be of concern to LICADHO? What about 30%? Is
there a percentage at which LICADHO would respond with, “This is a serious
problem and needs to be addressed.” If so, I am sure that such a sentiment
would be shared by the 10%, 20%, 30% (or whatever the percentage might be) of
men who are in jail in Cambodia for long periods of time for crimes they did
not commit.
As
it stands at present, there is no way to determine, independently, whether Mr
Johnson is lying or Mr Seila. The impossibility of knowing leaves men accused
of sex crimes open to being convicted for crimes they did not commit and to men
being found not guilty for crimes they did commit.
The
testimonies of the children, given to trained professions with no vested
interest in the outcome is, I believe, the place to start.
best
wishes
James
Ricketson
How a human rights organisation can ignore this problem is beyond me.
ReplyDeleteThe Cambodian NGO’s have stood by seeing this going on for years and done nothing about it. APLE will end up dragging down all of the Cambodian NGO’s if they don’t act now. There must be an independent investigation.
Many children have been traumatised and damaged for life by the actions of APLE and it’s so called partners. It would also be interesting to know the percentage of children abused by APLE as opposed to ‘saved’. I wonder if this could be built in to the investigation.
In the UK CEOP is a quango (government funded organisation) which itself fell into the trap of the end result is more important than the methods used to get there. Completely failing to show the slightest interest or concern for the child’s wellbeing. Once away from the monitoring they are subject to in the UK they attend interrogations of children carried out by APLE without their own independent interpreters not able to speak the language and therefore unable to understand a word of what is being said yet happy to base their ‘professional’ and extremely powerful opinion that the child has been abused on whether the child is crying or not! Completely missing the point that often the crying is because the children are being forced into lying and the abuse is taking place right in front of them. Unbelievable!
CEOP is facing the same problems as APLE and rightly their operation is being cut back as the British government start to react to what they have been doing. Fairly recently they were placed under the supervision of the new National Crime Agency (NCA) who themselves reported CEOP to the Independent Police Complaints Committee (IPCC).
May I therefore suggest the British National Crime Agency be invited to join the investigation? I do agree CEOP and APLE must take full responsibility for their disgraceful actions and be made to fund their share of the investigation cost but play no other part.
A no-brainer! It will be interesting to see what sorts of reasons Action Pour les Enfants, Hagar, World Vision and other NGOs involved in the child rescue business come up with NOT to participate in such an investigation. Interesting also to see if Licadho agrees in principle that such an independent investigation is long overdue.
DeleteYes, it will be interesting to see if LICADHO responds in any way to what seems to me to be a very sensible way of resolving (or moving towards resolving) a significant problem
DeleteWell let's see.....to state the obvious, since these NGO's are setting up men to persecute through utilizing an inept Cambodian legal system, it is not in their best interest to have, ethics, justice or truth, come into play. Their interest is arrest, prosecution and headlines.
ReplyDeleteEven the hundreds of Cambodian expats who should be making the simple, obvious statement, that 'David Fletcher deserves a fair trial', are too busy looking at the bottom of their beer mugs, to write that one simple line.
The 'human rights' organizations are even more pathetic!!
I BELIEVE DAVID FLETCHER DESERVES A FAIR TRIAL!!!!
ReplyDeleteJames
ReplyDeleteI am also glad you are putting the wind up some significant players. I think it is fair to say that with due process, professional investigators and focus (which should be evidential, with process) on the welfare of the child it is unlikely that false allegations would even make it to court. The biggest risk is children that have experienced significant and similar abuse from someone else, but with five young people making such a claim, it is highly unlikely that there would not exist evidence that could be substantiated) especially medical/physical. Situation. Timing. Other young peoples evidence. (if the sexual abuse is endemic....in an institution.....others...staff included will have some idea) In this case....if the welfare of the disclosing young people was at risk....a plan would have been in place to support them and not have them wondering what will happen to them if Mr Johnson is charged.....that would have been addressed and them assured well before court..........due process...."sickness festers in secrets" so you are always looking for transparency and accountability from all involved...
How do people/organisations set themselves up in any country to be authorities in investigation and child protection governance? It currently seems that they just do this - no questions asked, no qualifications required!
ReplyDeleteSo the Australian people are quite happy that an ex-policeman with a criminal record (who can not have a legal police clearance to work with children in Australia) and a man from the movie industry actually investigate claims of child abuse themselves! Under Australian law you have to be at least degree qualified (in social work, psychology, law maybe) and then trained specifically to perform investigations.
Yes the investigators need investigating. A fundamental issue remains - NGO's have a vested interest in discrediting other NGO's as they all desperately fight to keep their numbers up, or their image to benefit their funding opportunities.
On this investigation it would never be left at “the boys said they were anally raped.” Wheres the physical/medical examination......also other kids besides the ones who disclosed would no doubt know or have seen something or could provide at least a back up of ...eg...every night at 9pm Mr Johnson always gives cancelling to one boy or another.....or some such stuff...the boys always come out crying...smiling ...proud ....walking funny...blood on their trousers.....
Questions
For all the organisations involved, what is their Child Protection Investigation policy? What are their processes? What is their mandate and who governs them? These questions are fundamental. Without answers the intent of these NGOs is under question. If you are child focused and your intention is to safe guard children, would you not follow the decades of knowledge and experience, research....etc on the best way to ensure an honest, open and best practice investigation?
Investigation of child sex abuse allegations should not be left to amatuers!
The question of qualifications must be addressed in NGO policy guidelines, including how they intend to work with other agencies...eg police etc. Ask the NGOs (all of them) for a copy of their investigation guidelines, including how their guidelines address any particular challenges specific to Cambodia. Eg: police inadequacy ...corruption...sexism.....and how these can compromise investigations. What do the NGOs do to counteract these problems?
DeleteIn the UK all investigations are joint inter-agency. A person working in Child Protection (and qualified to interview children) would, at the very minimum, have a social work degree and senior experience in Child Protection. S/he would also be trained to Memorandum Interview (police standard) all investigations at all levels. These have to be verbatim recorded. Interviewing Children is usually done by a Child Protection police psychologist or a social service social worker/psychologist, again trained specifically to interview children employing age specific methods.
In most cases the interviews are videoed and all involved professionals watch the interview. The guidelines, processes and policy are all designed to prevent any person or organisation from being able to cover their backs if they have not followed due process.
This is most definitely not a job for amatuers!
Interesting post you've sent around. I doubt however how enthusiastic APLE will respond to having an independent investigation though.
ReplyDeleteThe point's your making are very correct, but I have some remarks . . .
- First off all, children should be interviewed (by a qualified expert) only once.
- The interviewer should follow the designed protocol for the questioning of children.
- An independent person should be present during these interviews to represent the children and protect their legal rights (independent lawyer).
- All interviews should be recorded on video tape and reviewed by at least 2 independent experts.
The independent experts evaluate the interview and advice on whether the interview was according to the protocol, whether no suggestive questions were asked, whether children were not pushed in a certain direction, but also whether the answers of the children were genuine. These experts use standardized evaluation models to come to their conclusions.
But I think it'll take some time before such protocols are being implemented in Cambodia.
Continuing on from above:
ReplyDeleteI wonder why it is that APLE, with all their high-tech surveillance equipment, is not able to have one camera present during the interviews of the 'victims' ! ! !
Why is APLE not able to produce video tapes of police interviews??? Wouldn't that take away all doubts surrounding APLE's practices?
Why is APLE not able to implement such a simple mechanism??? Is there something to hide during those interviews???
There obviously is! A Lieutenant Kolonel from Siem Reap's Anti Human Trafficking & Juvenile Protection Unit once told me that police makes 2 versions of every statement:
1. The real statement, thumb-printed by the kids.
2. A few blank statement forms, also thumb-printed by the kids.
This way they can always rewrite a statement and add/subtract information to their convenience!!!
This practice was confirmed to me by a clerk from Siem Reap court. He said that this is the reason why the investigating judge doesn't trust police reports by default and asks all the victims and witnesses to appear in his office again.
Children are being questioned / interrogated / pressured / manipulated and humiliated at least 4 times for per case:
1. By APLE's child-friendly staff.
2. At the police station
3. At the investigating judge
4. In front of a full courtroom during the official trial.
If the original accusation was 'indecent acts', I can assure you that the trauma caused by the whole process has more impact on children than whatever these 'indecent acts' may have / may not have been.
APLE accepts this as collateral damage in their 'fight for justice for the children' / 'fight against sex-tourism' / 'fight for more donor funds' !
For this reason I'm against re-investigating old cases by getting the children involved again. This is, when the 'victims' are today still underage.
I'm glad you mentioned the Johnson case. I read about it in the news too.
I don't know much about this case, but again I wonder . . .
I wonder why it is that so many convicted foreigners search publicity and blame APLE after they've served their sentence?
Just hypothetically imagine that you or I would have the perverse hobby of abusing children in poor countries. Imagine we'd get caught and convicted...
Would you seek publicity after your conviction? Would you open a blog or website and spend the next 10 years of your life trying to prove you innocence???
Why bother? You're convicted and served your sentence anyway! What's the 'Win' in seeking publicity around your case again?
If I'd have such a perverse hobby, I'd book the next flight to some other country with poor kids and a lot a police corruption, wouldn't you?
It's called Profiling. It's evidence! It's just as much evidence as any other evidence in court.
At this moment there are two foreigners serving their sentence in Siem Reap prison that remain absolute silent towards their friends and family back home.
Result is that they've only been mentioned once in a press release by APLE. The convicted themselves will be the last to seek publicity about their case, I can guarantee you.
It's just because they're guilty as hell and know that they'll not get any support from friends and family back home!
That's also Profiling. It's simple Old-School psychology. Don't need a university degree to figure that out!
I take your point about re-traumatizing children by interviewing them again. It is certainly one worthy of consideration. And debate.
DeleteNonetheless, if I were doing 10 years in jail on trumped up charges based on the false testimony of a child who had been coached, I would put my own trauma first and wish for the children to be re-interviewed by professionals competent to do so. I would not want to spend 10 years in jail rather than put a child through another round of questioning.
It seems to me, following your logic here, that it makes sense to be working on two fronts:
(1) Yes, children who have grown into adults (18, say) could take part in the kind of investigation/survey I am suggesting. I should re-iterate, the purpose of this survey/investigation is not to pinpoint particular NGOs that are coaching children. It is to determine what % of allegations of sexual abuse are either (a) false or (b) of doubtful validity. If the figure turns out to be 10%, it will be on par with the ‘developed world’ but nonetheless needs to be addressed. If it is 20%, I imagine that some eyebrows would be raised by those funding these NGOs. If it is 30% I would hope that panic would set in for human rights organizations such as LICADHO. If the figure is 40% or more the NGO community has a major problem on its hands.
I suspect that it is the fear that it may be 40% or more that will make LICADHO, ADHOC and others fearful of agreeing to any form of independent survey/investigation. I hope that I am wrong about this.
(2) LICADHO and ADHOC could, if they chose, immediately back your suggestions vis a vis videotaped interviews – vetted by independent monitors. I cannot think of any valid argument that could be raised against such a proposition. If LICADHO and ADHOC (and, indeed, the entire NGO community) reject this idea I’d be interested to know what reasons they might have for doing so. My suspicion, though again I’d love to be proven wrong, is that Dr Kek Pung, Naly Pilorge, LICADHO and ADHOC will simply ignore my suggestion; ignore your suggestions. The status quo works well for NGOs whose donor and sponsorship dollars rely on a constant stream of sexual predators being convicted and jailed. Such convictions are proof positive of the efficacy of their advocacy and effectiveness is their greatest marketing tool. Whether the men convicted are guilty or innocent is of secondary importance to NGOs whose very existence is dependent on ‘results’.
In Britain all Child Protection Investigations are performed jointly by an appointed inter agency team of professionals, usually governed by the local authority where the child lives. Police child protection teams
ReplyDeleteand highly experienced and trained professional (usually-local government senior social worker or psychologist ) chair what is seen as a pre-court investigation. All parties (teacher, doctors, families, the alleged victims) present evidence and the chair is assessing. If Cambodian non government organizations investigating allegations of child sex abuse wish to retain their credibility the need to start conducting such investigations in a professional manner.
I’m extremely concerned about the case of Daniel Johnston who has just been deported to the States and is now facing charges in the States for allegedly abusing a child in Cambodia.
ReplyDeleteThere are a number of reasons to smell a rat, not just from the point of view that he is being set up but that there is a bigger political agenda going on. That of wanting to get him to court in the States where the sentence will be longer and so they are getting two bites of the cake i.e. some charges brought in Cambodia and some in the States. This if successful could also lead to the UK and possibly Australia doing the same with greater frequency. UK law already allows for this but is rarely used. Certainly in the UK the recently set up victims code is more and more about believing the accuser and shielding them from having to give evidence in court and for them to even be given the defence cross examination questions in advance! This would in future enable APLE to rehearse answers with the children they have chosen to become victims. These children would not even need to attend court, video links are now used. I see this as being a gross miscarriage of justice. How on the earth can a proper defence be mounted under these circumstances? Such a change in strategy would provide vigilante groups like APLE an open ended opportunity to generate false allegations and encourage more vigilante groups to start up!
Daniel has apparently just served one year in Cambodia and yet he was not charged at the same time with the allegation he now faces? If not why not? Was this done deliberately so that it could be left available for the States to charge him? And it apparently relates to 2005/2006 not far off 10 years ago! Historical cases are notoriously difficult to get justice on when it relates to your own country let alone across two countries on opposite sides of the world and with totally different cultures.
The other point worth noting from this case is the method used by APLE and foreign governments to build up the cumulative effect of multiple allegations. They know that each time an allegation is made, even if later dropped, it is making it look more likely that the person is guilty and at the same time getting positive publicity for the organisation or government agency. Sling as much mud as possible and something will stick certainly in the minds of the public, and let’s face it Judges and juries are members of the public!
In 2007 I became involved (again, by accident and not design) in a case in which an American was charged with the sexual assault of two pre-teen girls. I knew these girls well, and their families. They were not pre-teen, though they were both younger than the age of consent. However, both girls told me that he had had had sex with them and, as with David Fletcher, there was no forensic evidence that sex had occurred.
DeleteThere was no evidence that this man was guilty and, after many months in prison, the Cambodian authorities released him without charge into the custody of the US Department of Homeland Security. He was deported to the US and received a 7 year jail sentence for having kiddie porn in his computer. He denied that there was any. In fact, whilst not legally obliged to do so, he gave Homeland Security access to his laptop computer - which he would not, as he insisted, have done if he had known there was kiddie porn in it.
I did not follow the case all that closely and don't know if APLE was involved. What I do know is that the girls were removed from their families and spent the next few years incarcerated in Christian-run 'rescue centres'. When they turned 18 they were turfed back onto the street to fend for themselves. They were provided with no backup support and had been given no instruction at all whilst incarcerated by the Christians in both control. They are both now materially impoverished mothers struggling to bring up their children. Both, to this day, deny that the man sentenced to 7 years jail, had sex with them.
By now there must be dozens of young women whose testimony (false or true) played a significant role in putting men (guilty and innocent) behind bars.
Anonymous to Anonymous
ReplyDeleteYOU are wrong - the said investigator does have a formal National Police Clearance Certificate issued by the Australian Authorities for working with children as is required and should be required for all Expat staff in any organisation. I suggest you get your facts right before posting. Yes the said person was convicted of ONE offence and it was not a corruption related or drug offence, again all that is easily researched and has never been hidden from anyone, however individuals here choose to defame and spread untruths which actually deflects from the small amount of relevance this thread may have. From what I have personally seen and witnessed the work that those people are doing is amazing and I know they are moving very close to the introduction of Video Taped Statements. The introduction of modern forensic techniques has also been very beneficial in supporting a victim’s account. The organisation has an excellent reputation and has achieved amazing results in the short amount of time it has been in operation. Some people should be reminded of that.
A FORMER Victorian police officer who worked with the National Crime Authority has pleaded guilty to stealing 1kg of drugs.
DeleteJames Anthony McCabe, 39, was due to face trial in the Sydney District Court on drug and armed robbery charges relating to a fake drug bust in 2002.
McCabe, who was then a Victorian policeman seconded to the National Crime Authority, allegedly faked the arrest of a drug dealer in Sydney's west, stole 1kg of methamphetamines from him and arranged to sell the drug.
The former police officer pleaded guilty today to one count of robbery, with his lawyer Louise McManus indicating the other matters would be considered as aggravating factors when he was sentenced.
McCabe was one of two officers accused over the phony arrest, in which McCabe was alleged to have held a pistol to the drug dealer's head.
He was committed to stand trial in his absence after refusing to return home to Australia from Cambodia, where he fled after a Police Integrity Commission (PIC) investigation of the matter in 2004.
He was informally extradited to Australia last year and yesterday his attempt to have the trial permanently delayed was refused.
In applying for a permanent stay, Ms McManus asked Judge Michael Finnane to rule that due process had not been followed by Australian and Cambodian authorities and that McCabe should subsequently not face trial.
She also claimed a large number of witnesses had been contaminated by widespread media coverage of the PIC hearing and other legal hearings about McCabe and his co-accused, Samuel Foster.
Foster is serving a jail sentence after also pleading guilty over the drug bust.
He was a NSW police officer who was working as McCabe's partner in the National Crime Authority, now known as the Australian Crime Commission.
Scott, it is good that you have joined the discussion, though I am at a loss to understand why you feel the need to do so anonymously.
DeleteThe issue, for me at least, is not James Mc Cabe's criminal record but whether or not he is qualified to head up a Child Protection Unit. What are his qualifications? Has Mc Cabe been trained in child psychology, for instance?
It is good news that there Cambodian Children's Fund Child Protection Unit will, in the not-too-distant future, be videotaping interviews with children. Can you tells more about how these interviews will be conducted and by whom? Trained professionals?
And you point is?
ReplyDeleteThat's a news paper article not the court result, nor the actual facts presented to the court. Exactly what I mean.
What was the court result, Scott? What were the actual facts presented to the court? How much time did James Mc Cabe spend in jail?
ReplyDeleteThe various articled I have read about the wonderful work being done by Mc Cabe and Lemon never mention Mc Cabe's criminal record - which, in any event, is of secondary importance to whether or not he and Lemon have the qualifications to be conducting interviews with children who may have been coached to say that they have been sexually abused. This happens in Australia, in the UK, in the US. 10% of allegations are false in these countries. It is hard to imagine that the figure would be less in Cambodia. The anecdotal evidence (and there is a mass of it) suggests that the incidence of false allegations of sex abuse in Cambodia is very high. I would not presume to put a figure on it but I think it in the interests of all NGOs involved in this field to know and to do all that can be done to bring the false allegations level right down. Preferably to zero. Videotaped interviews, properly conducted, will be one step in the right direction and CCF is to be congratulated for taking this step. It will be interesting to see if APLE follows suit.
Here's the answer to your question about Mc Cabe,James. from 7th Nov 2013 Cambodia Daily:
Delete"In June 2008, Mr. McCabe stood trial in Sydney District Court on armed robbery and drug charges related to a 2002 drug deal that he and his police partner set up and then busted, making away with a reported $120,000 worth of methamphetamine, the Sydney Morning Herald reported at the time.
Mr. McCabe later pleaded guilty to stealing methamphetamine from a drug trafficker during the fake police operation and spent roughly two years in jail in Australia."
Just the kinda guy you want to be running a Child Protection Unit!!!
Such a creditable source more crap
ReplyDeleteOK, Scott, so given that the Cambodia Daily is not a creditable source, can you please dirt us to a creditable source to find out what James Mc Cabe was found guilty of? Better still, given that you claim to have been right up front about Mc Cabe all along, why not let us know wherein the truth lies.
DeleteIn light of the comments above I am much more interested to know what James Mc Cabe and Alan Lemon's qualifications are for the job that you have employed them to do? And, if they are not qualified, is there anyone on the CCF Child Protection Unit team who is qualified? These are not unreasonable questions to ask of any NGO committed to the precepts of transparency and accountability.
This comment has been removed by a blog administrator.
ReplyDeleteMr Ricketson
ReplyDeleteI suggest you remove this comment immediately remembering you are solely responsible for the entire content of this blog not only is it highly offensive it is untrue.
Dear Anonymous, if I receive a request from an individual who identifies him or herself I will certainly seriously consider removing the above post. I will treat any such request as confidential. However, as I hope you appreciate, I do not wish to open the door to any Tom, Dick or Harriet who doesn't like something posted here to be issuing veiled threats in order for me to take a particular post down.
DeleteLooks like this is Scott Neeson writing anonymously and making a threat. Just to remind you Mr Neeson of what you said a week before Fletcher was arrested to that so-called journalist Andrew Drummond –
Delete“There is little doubt Fletcher devotes his time to grooming young girls….The fact is these children can be bought. It’s difficult to stop it. The British Embassy have been told about Fletcher. Many organizations have files on him, but nothing has happened. If you can get this guy sent packing you are doing a service to the children here.”
If you can’t stand the heat Scotty, get out of the fucking kitchen.
I have deleted the comment but will have more to say on this matter in the not-too-distant future.
DeleteThere are no veiled threats if your allowing this blog to be used as a malicious platform by other anonymous posters so be it. The specific comment is date stamped Dec 31 6.11am. The request has been made and your comments noted.
ReplyDeleteMost likely Australian educated (or not), as they frequently use 'your' when 'you're' is correct. Specific comment date stamped Dec.31 7.44pm.
ReplyDeleteSo what part of this on McCabe's wife wasn't true? Wasn't she 16? Wasn't she working in a seedy bar? Didn't they meet there? Isn't it his current wife? Please tell us, inquiring minds want to know. Would you be saying that the conviction for stealing drugs and prison time were false also?
ReplyDeleteWhen I started this blog I hoped that smear campaigns that were a regular feature on Khmer440, in the days when it was run by Peter Hogan, would not be replicated. With a few exceptions Cambodia440 blog has been free of personal abuse and scuttlebutt.
DeleteThe comment I have deleted, above, was an exception. It was presented as a statement of fact which, if untrue, could well be defamatory.
The request to delete a comment clearly came from Scott Neeson, James Mc Cabe or Alan Lemon – a qualified lawyer and, like James Mc Cabe, a former Australian Federal Police officer. Why they felt the need to make this request anonymously I have no idea.
A subsequent post has framed the deleted comment as a question. Given that James Mc Cabe heads up a Child Protection Unit I think it not unreasonable to ask him if he met his wife when she was 16, working in a bar.
I hope he does not dignify your comments with an answer Ricketson. I know both of them and I hope he takes action against you. Just because you posed a question makes no difference your a disgrace. Don't reply Jim this fuckwit is a wast of space.
ReplyDeleteAt least if Neeson is on here, he is not taking children from their families, or if it is McCabe, he is not stealing drugs.
DeleteVery simple answers for McCabe: "Yes, I met my wife-to-be when she was 16. We married when she was 18. What's your problem!" Or "My wife was 18 when I met her." Or "I don't have a wife..." Or whatever the truth is. I'ts like asking politicians if they are gay. Yeah, no-one's business but theirs except when they are vocal in their opposition to homosexuality. McCabe is not just any Joe Blow entitled to his privacy. He is the head of a Child Protection Unit and CCFs CPU is committed to jailing men who have sex with underage Cambodian women so the question is a valid one. Naly Pilorge does not dignify Ricketson's questions with answers. Nor Does Dr Kek Pung. Omerta rules.
DeleteOMERTA yes. I am not impressed by the work of Licado and other Human Rights NGO in Cambodia. It seems they use OMERTA as standard for communication with the outside world. As an outsider you may (only if you are lucky) get a single line response that could be automatically triggered by the website as in the case of Licado. A Blogger asks some basic questions if Licado considers Human Rights to be a universal right for every person on this planet. And gets no answer ! Other Human Rights organisations of the several thousand in Cambodia also celebrate OMERTA, the Mafia rule of staying silent on all issues concerning the inner operation of the organisation.
DeleteAt the center of this is the Cambodian NGO Forum in which most NGO's are members. The rule is : don't let your assets (like abused children or other victims) speak to the media. Don't give the media any information apart of what we publish in our reports. (Note that for that reason Licado sends email with a message to avoid printing things on paper)n Licado seems to be more interested in the enviroment than in Human Rights. So, Licado what is your position on Human Rights for Barangs / Foreigners ? Are they considered anything else but Donors ?
Anonymous, this would be an interesting court case. James Mc Cabe suing (taking action against) James Ricketson for asking him questions relating to the age of his bride when he met her. In Cambodia, I presume, since such a case would not get to square one in Australia. Perhaps Naly Pilorge should sue me also for asking her if she was one of the founders of APLE; if she and/or LICADHO are in receipt of donations/sponsorships or financial remuneration of any kind from APLE!
DeleteSome back story. Peter Hogan banned me from Khmer440 for asking Scott Neeson questions along the lines that I have asked here. I have been asking Scott these questions for years now – as can be found at the following site for anyone interested:
ReplyDeleteWhen the new administrator for Khmer440 took over he made it clear to me that I was welcome to re-join if I was prepared to accept his rules – specifically the prohibition on identifying contributors who prefer to remain anonymous. I do not believe in censorship, believe that for the most part remaining anonymous is an act of cowardice and so have not re-joined Khmer440.
I decided that with Cambodia440 there would be no censorship; that any and everybody would be free to express whatever opinion they chose to and that any and everybody would be free to respond as they chose to. In the case under discussion here, an anonymous contributor has made an observation about James Mc Cabe. Mc Cabe could very easily, using his own name, written to say that the assertion was not true and that he would like it taken down. He could have done so publically or privately. He chose not to. Instead the request was made anonymously. In other words, it could have been made by anyone – though it is hard to see that anyone other than Mc Cabe, his wife or Scott Neeson would have any real reason to make such a request.
So, the state of play is this: Someone claims on a public forum that James Mc Cabe’s wife was not 16 when he met her an that any such claim is offensive. If evidence were to be produced that made it clear she was only 16 when Mc Cabe met her he could, quite legitimately respond with, “I never made the anonymous comment.” The same applies with Scott Neeson. Such is the advantage of remaining anonymous. No responsibility. No accountability. No transparency.
I broke my own rule about censorship in main because I did not want this discussion thread to devolve into a smear campaign and thus distract from what I think is an interesting and important topic – the safeguarding of the rights of the accused through video-taped interviews. That CCF is taking a step in this direction could very well be a good thing. It depends on how these videotaped interviews are conducted and how the videotapes are used. Here are two possible scenarios:
(1) The interviews are conducted along lines mentioned above such that there can be little doubt but that what the children say is an accurate reflection of what has in fact taken place. Following the protocols mentioned above there would be little or no need for the children to be interviewed again – thus saving them from having to relive their trauma. A win win scenario for all concerned.
(2) The interviews are not conducted in accordance with protocols similar to those outlined above. In such a scenario, with no safeguards in place, children could be coached in what to say, be intimidated into saying it (if only by the presence in the room of those who have coached them) and never be available again to have the veracity of their evidence tested. CCF could announce, “These video-taped interviews are a true reflection of what occurred and the children should not have to re-live the trauma they have experienced by having to talk about it again.” This would leave defense counsel without the option of having the children re-interviewed if, say, the children had all subsequently denied that any abuse took place.
The danger here of videotaping in the absence of appropriate and agreed upon protocols must be apparent to anyone who thinks about it. Given that CCF boasts a close to 100% conviction success rate the CCF Child Protection Unit has a vested interest in maintaining a success rate that is infinitely better than any other such unit in the world. If the success rate were to slip this could well be viewed by donors and sponsors as evidence that the CPU was not as effective as claimed. This could, in turn, affect the CPU’s cash flow.
...to be continued...
You forgot to include the link!
DeleteSorry, here's the link to the multitude of questions I have asked of Scott Neeson this past few years:
Deletehttp://cambodianchildrensfund.blogspot.com.au
Everything Ricketson writes on this blog is a lie. You cant believe a word he says
DeleteIf everything I write on the Cambodian Children's Fund is a lie, Scott (or whoever is making anonymous comments on your behalf) it should not be difficult to point out to me (and those reading this blog) just three of the lies I have told! Just three.
DeleteYou will not accept this challenge, Scott, because there are no lies in what I have written.
As for those who read my Cambodian Children's Fund blog I have no problems at all with you taking what I write with a grain of salt. Healthy scepticism is a good thing, but if you are a sponsor or donor to CCF I suggest that you ask a few questions before you sign your next cheque:
(1) Ask Scott to provide you with a copy of the pro forma contract that parents are obliged to sign before CCF takes their children into care.
(2) Ask Scott why it is that parents are not allowed to obtain any advice from an independent party re this contract before they sign it.
(3) As Scott why it is that parents are not allowed to keep a copy of the contract they have entered into with CCF; why it is that CCF keeps the only copy?
When you do not get answers to any of these three questions (and you will not) then formulate questions of your own - perhaps using my blog as a guide.
You could also look at the following clip on You Tube - an account,told by a husband and wife, of how it was that CCF came to lock them out of their own house because they were $12.50 behind in their rent:
https://www.youtube.com/watch?v=Ve280RWEV5w
Don't be fooled by Scott's marketing spiel. Don't be fooled by the marketing spiel of any NGOs. Ask questions. Be at least a little sceptical.
....
ReplyDeleteI am using CCF only as an example here. The same applies to any NGO that may wish to introduce videotaped interviews as evidence and thus save children from the trauma of being interviewed more than once. It all comes down to the protocols that are put in place and in accordance with which such interviews take place. Without the appropriate protocols videotaped interviews could actually make the situation worse than it is already – the interviews becoming the only admissible evidence vis a vis the children.
Whatever protocols are put in place relating to videotaped interviews need to be clearly thought through, discussed and debated in an open forum, and agreed upon by all stake-holders. If the protocols are either kept secret or are ill-defined, a man accused of a sex crime will have his fate sealed the moment the interview has taken place – the door being left wide open to abuse by unscrupulous NGOs wishing to keep up their arrest and conviction rate.
New Year's resolution for Licadho: In conjunction with other non government organisations develop protocols for videotaping all interviews with alleged victims of sexual abuse such that the human and legal rights of both the victims and the alleged perpetrators are safeguarded
ReplyDeleteNo NGO that needs a high arrest and conviction rate for money-raising purposes is going to sign on to videotaping protocols of the kind being suggested here. Without bulk peds to prosecute their whole business model collapses.
DeleteThe following comment has been posted twice under the name Liam Miller and then deleted almost immediately. This is not the first time that comments have been deleted and re-posted. My suspicious is that someone is hacking into this blog and deleting comments that either do not reflect well n a particular NGO or which contain questions that this particular NGO does not wish to have asked in a public forum.
ReplyDelete"I am another victim of APLE and also of the Phnom Penh Post. My case never went to trial and I was completely exonerated by the girls mentioned in the summation .
For the last three and a half years my name has appeared on google.
I am falsely described as have been charged with rape and assault - picked up from the Phnom Penh Post. The Phnom Penh Post report is almost word for word the same lies posted on APLE’s website:
“BRITISH NATIONAL CHARGED WITH RAPE, ASSAULT. Siem Reap Provincial Court has charged a British national with sexually assaulting three female domestic workers in Siem Reap town. Sun Bunthorng, head of the provincial Anti-Human Trafficking and Juvenile Protection office, said William Mathieson Miller, 69, an English teacher, was arrested and charged yesterday with rape, attempted rape and sexual assault.”
Here is the link to Sen David’s article:
http://www.phnompenhpost.com/national/british-national-charged-rape-assault
I have asked the Phnom Penh Post to retract the false allegations made in the newspaper. It refuses to do so. This raises for me two question: “Does Action Pour les Enfants pay journalists like Sen David to print articles that defame men APLE has an interest in setting up on false sex offence charges? Did the editor of the Phnom Penh Post know in 2100 that Sen David’s article was both wrong in fact and defamatory and if he did was he being paid by APLE to publish lies? I asked him to publish a retraction. He refused. I have asked Google to remove the article. It refuses.
Beware, all expatriates in Cambodia, if Action Pour les Enfatns wants to set you up all it needs to do is plant false reports in newspapers like the Post and you will be presumed guilty and treated as guilty by everyone including so called human rights organizations like Licadho and Ad Hoc."
These are my words. I am a real person.
DeleteDear Liam
ReplyDeleteWhat a pleasure it is to read a comment by someone who is not afraid to identify themselves!
If the story printed in the Phnom Penh Post is demonstrably untrue, you are owed both an apology and the deletion of the article from Google. I will write to the Editor of the PPP.
I would love to hear more of your story if you choose to share it – either on the blog here or via email: jamesricketson@gmail.com.
cheers
James
Mr Ricketson
DeleteI have nothing to hide. I was picked up taken to the police station in Siem Riep and questioned by both the Prosecutor and the Investigating Judge.
After my interrogation I was told by the Investigating Judge that he wanted to question the girls involved but they were looking at allegations of sexual harassment. The words ‘rape’ and ‘assault’ were never mentioned. I was told that I would be held in detention while the case was investigated. I was never told if I had been charged with anything.
The investigating judge wanted to question the girls as he had not done so up till that time. He only had a statement from one witness, a next door neighbor who said he never saw or heard anything.
After 2 months in The Siem Riep Prison sleeping on a concrete floor with 14 other men side by side in a room built for 8 I was released on bail after a heart attack in prison. I had no prior heart problems before.
My passport was returned to me with no restrictions other than leaving Cambodia. I could have left if I had wanted to and that is what I think they expected I would do. Then APLE would have ammunition to cast their net to get money .
Up until the time of my arrest I had no prior charges or legal problems other than traffic tickets. None.
I had been married for 30 year reared 4 children, now married and prosperous.
I was teaching at The South East Asian University and had just been invited to join the Academic Board. They could not find any problems with me or my relationships with students.
During my 2 months bail I worked hard to do whatever I could to prove my innocence as I was determined not to run and let APLE have a win. If you run they use this as evidence that you must be guilty but I would advise anyone who APLE has in their sights to run before charges are laid because once they are laid, APLE …I wont finish this sentence for legal reasons but you get my point.
A very good friend of my daughter had worked for the Australian Department of Foreign Affairs, holding Head of Mission positions . She wrote to my lawyer and gave a strong character reference for me. She also outlined her previous professional status.
I lied to my lawyer and said that she and my daughter were going to come to Siem Riep and wanted to talk to all concerned with my case including the Prosecutor and Investigating Judge and that my daughter would stay in Siem Riep until the matter was concluded.
This must have started the alarm bells ringing for the Prosecutor and Investigating Judge. Within days my lawyer told me that they were going to release me with a total exoneration.
I had been planning what to do if this happened as soon as I had word from my lawyer that the Investigating Judge had completed his final judgement on the case and although it would be a day or two before it got the final stamps he would e mail me a copy of the report as it stood.
I immediately went to Phnom Penh gave a copy to Bun Vidol the lawer who had spoken out about against APLE and also another prominent lawyer who had a client commit suicide because of APLE’S entrapment. And I visited The Editor of the Phnom Penh Post but he was useless when I asked him to print the truth.
Mr Miller, do you know the name of the 'prominent lawyer' or of the man who committed suicide?
DeleteCan you provide any independent verification that what you write here is true? And that what the Phnom Penh Post wrote is untrue?
Hi James
DeleteI don’t remember the name of the lawyer or of the man who killed himself. Sorry.
The sentence "has been charged with rape and assault" has changed my life,
damaged my life , split my family apart. Every day I have to suffer the consequences of this article and the subsequent post on google.
I have been teaching for the last 17 years in Universities and Colleges around the world including England , Taiwan, Azerbaijan ,India , Nepal.
At the time of my detention I had just been invited to join the Academic Board of the South East Asian University in Siem Riep. Where I live now the google post is common knowledge and accepted as the truth. I can not work and I am the object of derision. Even when I travel Hotels will often google your name so it follows you wherever you go. So myself and family have suffered every day for the last three and a half years.
The editor I spoke to when I went to the PPP office in July 2011 was an Australian. A big guy. I am not sure if the same one is there now. He seemed not to either want know the truth or want to print the truth. I wonder if he is being paid off in some form? He refused to accept the court judgement exonerating me and implicating APLE in illegal activities , lying to witnesses, coercion , promises of monetary gain.
He said he would not do a retraction but instead would do a story. He then sent me into a room with a reporter. A Canadian guy. We spent about 30 minutes together. I told him my story, gave him photo copies of articles and blogs re APLE , including the article in The Cambodian Daily printed on the same day as theirs , quoting the same Police Officer saying it had not yet been decided what the charges would be.
I met the PPP Editor after this and he again reiterated there would be a story.
This never happened of course and advised me to get out of the country as soon as possible before I had an accident.
Liam
DeleteI have read the copy of the letter you sent to the Phnom Penh Post but I have no idea if what you write about your own case is true or if you are spinning me a yarn. Sorry to be blunt and sorry to be doubtful but it is facts I am interested in here. Verifiable facts. I can’t afford to take your word (or anyone’s) as Gospel.
I have, today, sent the following to Editor of the Phnom Penh Post to get the PPP’s response to what you have written:
“Dear Chad
I am not sure if you are the right person to be directing this question at but, if you are not, could you please pass it on to the relevant person?
I have, on my blog in the past 24 hours, had a comment posted by a man by the name of Liam Miller. He alleges that the Phnom Penh Post published an article about him that was factually incorrect and defamatory; that the Post refused to retract the article.
http://cambodia440.blogspot.com.au/2014/12/76-when-it-comes-to-accusations-of.html
Does the Phnom Penh Post stand by the factual accuracy of the 2011 article? If not, will the Phnom Penh Post, even at this late date, publish a retraction and request of Google that it remove the article from its search engine?
best wishes
James Ricketson
dear mr. ricketson,
ReplyDeletei follow your blog day by day and must say that i am really impressed. No single person, let alone the media has gone into such depth in asking the right questions and demand answers from the childprotection and human rights Mafia. Congratulations.
The comments on your cambodia440 blog clearly show that the mafia is worried and concerned. Licado and the rest of the gang are putting their heads in the sand and hope the storm will go away, the same counts for the british gov., aple etc. The fact that not a single media is coming out to join you shows who is in bed with whom. They don't want to lose their advertising customers. Your blog receives incredible interest and i can see on kampotbuildersguide.com that there are about 50 hits on the issue of kmautjaogossip and david fletcher combined. People read and are discussing it. As i can tell from the current enviroment in the air that none of the ngo will take court action against you and sue you for defamation but i can imagine that naly pilorge is really close to it.
keep going rickertson, the ice is getting thicker
Dear Anonymous
DeleteI am not sure what "the ice is getting thicker" means but you are right about the media. They don't want to touch any of what is being discussed/debated here with a barge pole.
I will refrain from giving my own reasons for why the media remains silent and can only hope that in the fullness of time some Cambodia-based journalists will begin to ask questions, at least.
As for being sued for defamation, as you will probably aware, in Cambodia you can be sued for defamation for suggesting that the hanging of fair lights on Angkor Wat is not a good idea. The courts can be used to silence or intimidate any critic or anyone who asks questions that certain NGOs do not want asked in public. I know this from experience.
However, for an NGO to sue a blogger such as myself would carry with it the risk that my relatively small readership would grow much larger and may attract the attention of serious journalists outside Cambodia who are not afraid to ask the kinds of questions that Cambodia-based journalists are afraid to ask.
It means you are not on thin ice. This post is great hear from your wonderful work James. Progress though slow while you are pulling a heavy load, IS happening.
DeleteI never thought I was on thin ice from the point of view of fact. Contrary to what some shoot-from-the-hip respondents might think I am very thorough in my research and tend not to intimate anything that I could not back up in court if need be. I have also discovered that there are people within certain Cambodian ministries that are only to happy to help me out. The same applies to the Foreign & Commonwealth Office and at least one British Embassy. There are men and women who go into this line of work who, against the odds, retain their integrity and their commitment to justice. History suggests that they will eventually win the day - even if many of the battles are won by those who wish to manipulate 'the system' to achieve their own short-term goals.
DeleteThe 'thin-ice' comment of some time back was a thinly veiled threat. I have had many of these. Some are thinly veiled and some not-so thin. Unfortunately, for them, intimidation has the reverse effect on me than the one intended by those who would intimidate; those who maintain their positions of power and prestige (which equates with their capacity to raise money through sponsors and donors) through various forms of intimidation.
All that I can say in response to these individuals, these organisations, is "It aint over until the fat lady sings." And the fat lady hasn't even come on stage yet!
All you need to know about the Phnom Penh Post:
ReplyDelete"Cambodia's bribe-seeking press corps
Hundreds of the country's reporters eke out a living by finding news - then burying it for a price.
hnom Penh, Cambodia - San, a 47-year-old former soldier, has worked full-time at a newspaper in Cambodia for the past 14 years. He carries company-issued business cards, a government-issued press pass, and a walkie-talkie on his hip, but he has never been paid a salary.
Instead, like hundreds of other members of Cambodia's press corps, he cobbles together a living by combing the countryside for news, then accepting bribes not to publish stories.
In some cases, San uncovers wrongdoing and approaches the law-breaker for hush money. Other times he receives regular "envelopes" of cash from local officials to ensure he doesn't even start hunting for news in their vicinity. Either way, he doesn't publish many stories.
This way of doing journalism is ingrained in Cambodia, but is rarely discussed openly, even though a spate of recent violent attacks has been directed at this unruly corps of journeyman reporters, who tend to congregate in remote areas where illegal logging and land grabs are rampant....
Read more...
http://www.aljazeera.com/indepth/features/2014/10/cambodia-bribe-seeking-press-corps-2014103093355999165.html
OMG & WTF, is there anyone in Cambodia you can trust to tell the truth!
DeletePhnom Penh Post is paid to cover and share the CPU stories . while the head of the CPU Jim McCabe a former Australian police officer convicted of armed robbery and drug ripoffs. McCabe referred by many as Australia's most corrupt cop. drug use gambling prostitution taking bribes, this low life living in Cambodia is not registered to work with children. James Ricketson maybe you can ask Scott Neeson and McCabe to provide their WWC numbers and explain why are they working with children without WWC clearance .
ReplyDeleteWhat is a WWC clearance? Working with children? I'll look into it.
ReplyDeleteI'd prefer it if you didn't make assertions that are potentially defamatory. Stick with questions and only make comments that you know, beyond much of a shadow of a doubt, are true. Thanks.
http://assets.justice.vic.gov.au/wwcc/resources/8617d1af-cdca-4acb-80a3-306de5a26103/list+of+offences+-+october+2014.pdf
ReplyDeleteLink here provides information basically the same state by state in Australia
Australian registered charities must have their staff and volunteers approved for working with children and are given Working with Children WWC number .
James Mc Cabe fits into Category B of “relevant offences under the Working With Children Act 2005”.
DeleteHe has been:
“charged with or been convicted or found guilty of…the following drug offences:
- trafficking in large commercial quantity of a drug or drugs of dependence
- trafficking in a commercial quantity of a drug or drugs of dependence
- conspiracy, aiding and abetting or preparatory act etc in relation to commission of an offence set out above.
The question is:
Has James Mc Cabe been cleared, in accordance with the ‘Working With Children Act of 2005’ to work with children in Cambodia?
He should have been, since the Cambodian Children’s Fund is registered as a charity in Australia.
If he has not been cleared, why is he working with children?
Have Scott Neeson and Alan Lemon been cleared to work with children?
Those charges/convictions sound like great credentials for the head of a CPU! Sounds like Scott Neeson at Cambodian Children's Fund is one great manager!! Is taking children from families, still one of his major accomplishments?
DeleteJames, Does a 'Category B' disqualify him from getting a 'Working with Children WWC number'? Seems as though it should!
DeleteNot sure. This is for others to decide. For me the bigger issue is whether or not Mc Cabe and Lemon have the know-how, the qualifications to run a child protection unit? Scott, or someone writing on his behalf, has mentioned a new CCF CPU initiative - the video-taping of interviews with children who have allegedly been sexually assaulted. This could be a very good idea or a very bad idea - depending on how it is implemented. Properly implemented, by trained professionals working in accordance with clearly laid out protocols, the videotaping of interviews could be a great step in the right direction.
DeleteWas McCabe convicted of armed robbery and/or drug ripoffs? Was McCabe referred to by many as Australia's most corrupt cop? Did he use drugs, prostitution, gambling and taking bribes? Is this really Neeson's CPU 'right hand man'?
ReplyDeleteJames Mc Cabe is not Neesons right hand man. He just heads up the Child Protection Unit. Alan Lemon, another former cop with an 'interesting' history is Neeson's right hand man from a legal point of view.
ReplyDeleteAnyone have any details on Alan Lemon's 'interesting history'?
ReplyDeleteYou could ask Alan his involvement with McCabe when McCabe was on the run in Cambodia, about using police letterhead to get an express Thai visa for Mc Cabe, about his relationship with the Oasis bar on 136, about how he feels about Nigerian men who…thatll do for starters. Oh and about why he left the Australian Federal Police.
DeleteOK, I have been following this closely for a few weeks now and it seems to me that there is a whole heap of questions that need to be asked on Action Pour les Enfants, of the Cambodian Children's Fund, of Licadho and Adhoc and of the whole fucking NGO community. Why are these questions being asked on a blog read by James RTicketson and a hand full of others and not in the Phnom Penh Post or the Cambodia Daily. Hey, I mean, James Mc Cabe either has clearance or he doesn't. If he doesn't, what the fuck is he doing working with kids? And Naly Pilorge either helped start up Apple or she didn't. Fucking ask her you lazy fucking journalists! Is she being pad by Apple? If so, how much? Why doesn't Licadho ever (am I wrong?) advocate on behalf of men charged with sex offences especially when all the evidence says they are innocent? What the fuck is going on here? I work with kids. I work with families. I have never had any trouble but, hey, I realise now that if I did have any trouble there is no-one who would even ask the kinds of questions being asked here on this blog - read by a hand full of people. Fuck. Anyone thinking of coming to Cambodia, if you are a man, donut do it.Youll regret it. Im regretting it. Fuck, fuck, fuck!
ReplyDeleteDevil's Advocate, Couldn't agree with you more. The truth comes quickly, but these are questions where no one wants you to know the truth! Without this blog....many necessary questions would go unasked. At least finally it is here so many can see the questions that no one wants to answer.
ReplyDeleteI live in the US, and I am advising any travel groups and donors that I know to stop travel to Cambodia and to refrain from donating to any charity groups there, since it appears that most of them are corrupt. It also appears that any western male is an easy target for the evil, greedy organizations such as APLE. The greed and/or ignorance that prevails in that country is appalling!!!
ReplyDeleteI have written to Lonely Planet telling them to warn male travellers to Cambodia that there are NOGS in that country who see them as a business opportunity, to be arrested and incarcerated for publicity and money raising purposes.
DeleteJames
ReplyDeleteI have sent you a copy of the Judges summation of the case and his reasons for exoneration and in that legal document ( I can provide a copy of the original in Khmer script if needed ) there is never any mention of rape or assault (PROOF) if anyone does not want to accept this (including PPP)they can check with the Siem Riep Court.
I sent this legal document to The Editor of the Phnom Penh Post by DHL addressed to the PPP at the address shown on their webpage, I have the DHL tracking number and I will ask DHL if they can give my a copy of the receipt with the signature of whoever received it , in the letter I gave an e mail address and asked for a reply , never got one !
After searching I found that the editor I dealt with at the time was Alan Parkhouse , apparently he is no longer employed by the PPP
Re the prominent lawyer who had a client suicide , I was directed to him by the manager of my Hotel as being a top lawyer in Cambodia. It was only after talking to him about my case , he told me that story of an American client who had been set up by an NGO and suicided in prison , he apparently left a suicide note telling a heartrending story of his entrapment.
The lawyer then went on to say that Aple were a criminal organization and to say anymore would be incendiary. His mansion was on one of Phnom Penh elite Boulevards it stood out by the ostentatious garden and gates fit for a prominent official. From memory it was on a corner and had a high fence around it. I am sure the local expats would know his name he apparently did work for the Government too.
I hope you can find him.
Liam
DeleteThe Phnom Penh Post article is clearly grossly inaccurate and not at all in sync with what is contained in the Court documents. I have written to the Phnom Penh Post as follows:
Chad Williams
Editor in Chief Department
Phnom Penh Post
6th Jan 2015
Dear Chad
I have received no response to the message I sent to you yesterday re Liam Miller.
I am now in possession of both Mr Miller’s letter to the Phnom Penh Post and the Siem Reap Provincial Court of First Instance ‘Nonsuit Order’ dated March 12th 2011.
In light of Mr Miller’s having not been charged with the offences the Phnom Penh Post reported (“rape, attempted rape and sexual assault”), will the Post be writing a retraction and an apology for the damage the article has done to Mr Miller’s reputation? And will the Post be requesting that Google remove the inaccurate and defamatory 14th March article published two days after the ‘Nonsuit Order’ of 12th March was handed down?
best wishes
James Ricketson
Heartfelt good wishes for you Liam, and thanks for sharing your story of Cambodian injustice. Sadly, I don't think you can count on anyone in Cambodia of doing the right thing. What a country!!
DeleteIn this instance there is no Cambodian injustice at all. The injustice to Liam has been done by the Phnom Penh Post.
DeleteThe judges did precisely what they should have done - investigate the complaint, weigh the evidence and arrive at a verdict based on the facts. These are clearly laid out in the 'Nonsuit Order'. And yet, two days after the 'Nonsuit Order' was released the Phnom Penh Post chose to publish an article that was factually incorrect. And it was factually incorrect in a way that has destroyed Liam Miller's life and rendered him unemployable.
There are two possible explanations for what occurred: (1) The journalist was incompetent and (2) The journalist knew that the article was factually incorrect but had been paid by someone to publish it and so destroy Liam Miler's reputation.
There is, I suppose, a third alternative: (3) The journalist did not bother to look at the 'Nonsuit Order' before writing the story and was relying on incorrect information provided by a third party.
If (3) be the case, the Phnom Penh Post, once Alan Parkhouse realised the mistake, should have published an immediate retraction and an apology and made sure that the article could never be found on Google.
That Alan chose not to publish a retraction and apology - despite overwhelming evidence that these were required - makes one wonder how much of what one reads in the Phnom Penh Post can be relied upon to be accurate reportage?
And, given the lack of apology and retraction, one wonders how many others in Liam Miller's position have essentially been defamed by the Phnom Penh Post?
The problem here (one of many problems) is that once something has been published in a newspaper it takes on the air of 'truth' and is accepted as such by readers. And by those who, through Google, might like to find out more about a prospective employee. I wonder how many of those reading this, if they were in the process of employing someone to a teaching position, would do so if a Google search revealed that he had been charged with rape and assault?
The damage to Liam Miller has not been done by the Cambodian legal system but by the Phnom Penh Post. An immediate apology and retraction is required if the Post is to retain any credibility at all as a newspaper committed to accurate and truthful reporting.
You've only got to look at how often articles about the great work being done by the Cambodian Childrens Fund Child Protection Unit appear in the Post to figure out where PPPs allegiances lie. And maybe the same for Aple too.
DeleteTwo truths emerge here with crystal clarity. One is that if you are a man and you are accused of a sex crime no human rights organisation will take any interest in your case. The other is that the Phnom Penh Post will publish whatever it feels like publishing, with no regard for the truthfulness of what it publishes or for the consequences of what it publishes for men like Liam Miller. Where then do the Liam Millerss the Matt Harlands and the David Fletchers turn for help when they are in legal trouble? The answer: There is nowhere. They are collateral damage in the fight, by NGOs like Apple, to keep money flowing into their bank accounts. That they do this with the blessing of Licadho and Adhoc is the most upsetting part of this tragedy. I have lost all respect for both NGOS and for all NGOS who through their silence perpetuate this corrupt system. Shame on you all.
ReplyDeleteLiam Miller has given me permission to post the letter he wrote to the Editor of the Phnom Penh Post.
ReplyDeleteI am publishing it almost in its entirety. I have deleted one sentence only, in the interests of an amicable and fair resolution of this matter.
There is no question, based on the court’s judgment, but that the grossly inaccurate and defamatory Phnom Penh article should not be available to anyone doing a google search. Common decency, as well as the laws relating to defamation, demands a very public apology from the Post.
"Dear Sir or Madam:
Regarding the false and defamatory article March 2011 re William Mathieson Miller
I now send you copies of the Siem Reap Court’s final judgment showing that I was completely exonerated of the charge of sexual harassment. (The editor declined a copy when I visited the office and asked for a retraction.)
“In fact” I was never charged with “rape or assault” but there was a case of sexual harassment being investigated, (I refer to page six of the investigating judge’s statement that I have sent to you) I was held in detention whilst the case was being investigated. The Cambodian Daily on the same day quoted the same police officer Sun Bungthorng named in your article saying that I was in detention and that it had not yet been decided what the charge would be. (I gave you the editor at the time a copy of this article while in your office). Your article is now shown on a google web search page in Vietnam under my name. I have tried to contact google without success and I understand that they require the originator to make the request to have it removed – the Phnom Penh Post.
The situation arose because of a dispute with my landlord regarding bills and a rent increase. The landlord had started a relationship with one of the girls (Pon Por aka Thai Duong). In fact she was the only one employed as a housemaid. Please also note that in the judge’s statement Pon Por aka Thai Duong said that the two men who picked her (up at her) office lied to her saying they were taking her home to have a discussion with her family were lawyers employed by the highly discredited NGO APLE Cambodia who were behind the whole investigation.
I trust that now you are in receipt of the facts you will take immediate steps to have google remove it from all their web search pages…I have never been convicted of any offence and have police clearance certificates to support this."
I have been watching with interest the postings and comments on this blog and can only applaud James Ricketson for his fortitude in bringing this absolute disgrace to light publically.
ReplyDeleteMany have and are suffering at the hands of APLE (including many innocent children) and the unclean NGO's who by trying to ignore what is going on are making themselves complicit in this atrocity and will undoubtedly find it will drag them down too if they are not careful.
Is APLE worth loosing everything for?
The silence from the Phnom Penh Post is deafening. So too the silence from Licadho and other human rights NGOs. Their agendas do not include speaking out on behalf of the human rights of men denied due process in court purely and simply because they are men.
DeleteIndeed, Nick. Even if LICADHO cares little or nothing about the human rights of men accused of sex crimes, it should at least consider the human rights of the children who are coerced into making false allegations against these men. I know of a few kids (young adults now) who were forced to do so and, as a result, were removed from their families for years on end. In one instance, about which I have written elsewhwere, a brother and sister were promised a large sum of money if they were to make an allegation of sexual abuse against a particular foreigner. They refused to do so but eventually their extreme poverty (plus the fact that their parents were both in prison and unable to support their children) led the then teenage boy to making an allegation of sexual abuse. The man in question was sent to jail. The brother and sister were not given the money they were promised but were both placed in the care of NGOs. Since they were the sole bread-winners for the family (though only in their teens) the family's financial fortunes went from bad to worse and their pre-teen brothers and sisters had to go to work on the streets selling books. The name of the NGO that orchestrated this scam is HAGAR.
Deletehttp://citipointechurch.blogspot.com.au/2013/03/for-kate-kennedy-hagar.html
ReplyDeleteFor anyone interested, here is what I wrote about my first encounter with HAGAR:
http://citipointechurch.blogspot.com.au/2013/03/some-questions-for-hagar-regarding.html
Upon being stone-walled by HAGAR I wrote the following:
http://citipointechurch.blogspot.com.au/2013/03/letter-for-talmage-payne-ceo-hagar.html
No response. I wrote again to Naly Pilorge (LICADHO) and Helen Sworn (Chab Dai):
http://citipointechurch.blogspot.com.au/2013/03/chab-dai-and-licadho-turn-blind-eye-to.html
I received no reply to my letter to Naly Pilorge and Helen Sworn so tried again:
http://citipointechurch.blogspot.com.au/2013/04/for-chab-dai-and-licadho-on.html
And so it goes. Naly Pilorge has made it quite clear over the past six years that the human rights of materially poor parents are of no interest or concern to LICADHO when their children are removed from their care by unscrupulous NGOs such as Citipointe church’s ‘SHE Rescue home’, HAGAR or the Cambodian Children’s Fund. The rights of these parents and of the children are of as little concern to LICADHO as the rights of men accused of sex crimes.
Many more letters have been sent to Naly Pilorge regarding the rights of materially poor Cambodian parents. All have been ignored.
Naly’s mother Dr Kek Pung did, however, eventually take an interest in the plight of one such family and did all she could to help. Eventually, Dr Pung had to admit defeat. There was nothing she or LICADHO could do to help. I got to know Dr Pung a little during this period and was very impressed by/with her commitment to human rights and her clear compassion for the parents of this particular family. It remains a mystery to me why it is that Dr Pung does not respond to my letters re David Fletcher. All that he is asking for, in accordance with Cambodian law, is the right to receive a fair trial.
I wonder (aloud) if LICADHO has ever provided any advocacy on behalf of men accused of sex crimes? Does anyone know the answer to this question?
What you seem not to understand Mr Ricketson is that the expatriate community in Cambodia is a club and each and every member of the club takes care of the other members, watches their backs. And they expect the favour to be returned. Whether you are an NGO, a member of staff of an embassy, a school teacher, a journalist makes no difference. You are a member of the same club and you don't shit in your own nest. All expatriates are dependent to one extent or another on each other. They fund each other, they join the same social clubs, they drink in the same watering holes, eat in the same restaurants, form relationships and friendships with each other and so on. They do not want to disturb the cosy setup they have in place, especially if that means blowing the whistle on corrupt NGOS. This is why no-one will side with you in your battle to get justice for Fletcher. I live and work in Cambodia and can tell you that while there are lots of people sympathetic to your cause none of them is going to say so in public and find themselves blackballed by the rest of the NGO community. Theyll stick together and either ignore you or do whatever they need to discredit you. As with Somaly Mam they all know the truth about Aple but keep quiet about what they know. One day Aple will be exposed and all these same people will then be calling for Aple to be expelled from Cambodia and it probably will be and then six months later it will be back, re-branded, with a new name and be back in business again. Sorry to be such a wet blanket but I have been here too long and have seen people like you burn out eventually and that is what Licadho and Aple and the others are waiting for - for you to burn out and give up.
ReplyDeleteI do agree with your point that if APLE is closed a new organisation will be set up by the same people in a different name. The cosy networking will not stand in the way.
DeleteThis is why it is so important that the people behind these organisations (including funders) and those fronting them are all known. If we want to see things done properly there must be a clear and transparent system which monitors NGO’s. Using the example of company law it is possible to have a director struck off and banned from involvement with a new business but it appears this does not apply to local NGO’s and certainly not in Cambodia??
When such fundamental changes are needed it is not unusual to ask the stakeholders to agree to a voluntary code of practice before it is forced on them. Such voluntary arrangements are welcomed by the ‘clean’ organisations as they see this in a positive light and as something that will attract more support for their organisation and lead to the demise of the ‘unclean’ organisations who tarnish them with bad reputation.
I fear that if the local NGO’s don’t do this off their own back it is only a matter of time before the big global NGO’s will be effected by the bad publicity and find support and funding for work in Cambodia declining which will lead to less help for the poorest and most vulnerable people of Cambodia. Whilst they may not appear to be getting involved at this stage they are watching and this will be high on the agenda for their international board meetings. They have the ultimate power to force the changes through lobbying of international governments who in turn will apply pressure to the Cambodia government to act.
Your be amazed just how many people support James Rickestons work in exposing the truth behind these shady NGOs. people who have seen firsthand whats going on sharing inside information thats why what you reading in his many blogs are deep into rotten core of this dark world. leaks sink ships
ReplyDeleteAgree completely, its nearly 15 years since I last set foot in Cambodia só my firsthand experience is somewhat dated. Its still enough to tell me the truth lies outside superficial mass media twaddle & self serving propaganda though.
DeleteFine piece of investigative journalism Mr Ricketson.
An interchange with David Boyle in the Phnom Penh Post Editorial department:
ReplyDeleteDavid,
I am accustomed to receiving no response at all from you or anyone else at the PHNOM PENH POST. In this instance, however, I am acting as an advocate of sorts for Liam Miller.
You know, as I know, that the word 'rape' does not appear in any court documents relating to Mr Miller's case; that the Phnom Penh Post article has, essentially, defamed Liam Miller and is factually incorrect in the worsT possible way.
That the Post chooses not to retract the article, to offer anything by way of an apology, or to remove the article from the internet, does not reflect well on the journalistic standards of the Phnom Penh Post. And it does not reflect well on the Post's capacity to empathize, to feel compassion for, men like Liam Miller whose lives are destroyed by such sloppy journalism.
From my own experience with the Post, this comes as no surprise. Evidence, facts and truth must not be allowed to stand in the way of a good story. And the proposition that Liam Miller raped someone is a good story, I suppose! And a retraction, an apology for the impact such a factually inaccurate story has on the life of someone like Mr Miller, could be seen as evidence of journalistic incompetence and so to be avoided at all costs.
There are no shades of grey here, David. Mr Miller was never charged with rape. The Phnom Penh Post got it wrong.
Apologize. Retract. Expunge from the internet and allow Mr Miller to get on with his life without the word 'rapist' hanging over his head and destroying his employment opportunities; without the word 'rapist' destroying his relationship with family members and friends.
best wishes
James
I have told you repeatedly that I do not work for the print edition of The Phnom Penh Post. I'm not sure how many more times I need to tell you that.
David
I have no idea who you work for and nor do I care. What I know is that you never have the courtesy to respond to emails. Can you please provide me with the email address of the person I should be communicating with about this?
Cheers
I have arrived late at this party and maybe what I write is already known.
ReplyDeleteAple started in 2003 but became a Witchhunt against western men in Cambodia (Phnom Penh and SIhanoukville in particular) around 2005 when massive donations and support from many western governments and international NGOs poured in. At that time every middleaged western men became legitimate target and you had your picture taken by complete strangers even in restaurants, on the street and on the beach and ended up in Aple’s's database. Since I always walk alone I was alerted and wondered why on earth total strangers would take my picture often at close range. That was the time when I found others complaining about the same nuisance because by now Cambodia was labelled a Paedophile Heaven ! (NGO's even then knew very well that more than 99% of all sexual child abuse in Cambodia was of domestic nature ... and still is to this very day!). Aple’s's Business is just that "a Business Model" and an easy one at that. Who on earth would not be disgusted by any form of child abuse, let alone sexual child abuse ? That is why Aple got immediate support and so much cash coming in.
It's founder Thierry Darnaudet (French national) has no qualification at all (he’s a librarian by trade) to run such an Organisation and has been pretty much off the map since 2010. You may want to try to get some info from People in Calcutta which are his neighbours at b-i-f.com. Darnaudet is also connected to globalhumanitaria.org (or was) until they stopped funding him a few years ago.
Aple's former country director Katherine Keane's as well as her assistant, Zelda Hunter, (now working as a lawyer in the UK) both disappeared without a trace at the same time when current Country Director Samleang Seila became the Chief of Aple's Cambodia operation. Both Katherine Keane and Zelda Hunter could tell you some stories about Aple that should be told.
Hi James
ReplyDeleteFirst let me say please accept my deepest gratitude. To say thanks would not describe how much your efforts mean to me. I have been living with a kind of psychological black hole. Feeling that I have fallen in to pit but as much as I try to think of a way out, find a way out, the forces pitted against me hold the power to defeat me .
I know i have not been the same person I was , I fought hard to clear my name not only for my sake but for my family too. Having done that a second kind of retribution entered my life like a cancer - " google". Again after trying and failing to have my name removed I was in the pit again.
You continue to inspire and amaze me with your dedication to find justice for those men who have not been given the basic human right of being given an open and transparent opportunity of having the charges laid against them judged and adjudicated in the spirit of seeing the truth emerge . Instead we see an example of mans inhumanity to man, with no regard for the tearing apart of families and what this means to an innocent man , mental torture and damage to a mans life and sprit , caused by people with absolutely consideration or care about how their fellow human beings will suffer and be affected by their avoricious pursuit of money: APLE Cambodia
I now have the receipt from DHL with a signature and date to the Phnom Penh Post , do you want me to e mail them to you?
I fear for you with workload you are taking on trying to help us... although I think maybe we are seeing some green shoots emerging from your efforts
I hope you can find some help, I know you have to make a living to , pay the bills.
Kindest Regards
The following is a truncated version of the Siem Reap’s court ruling in relation to charges of sexual harassment made against Liam Miller – whose full birth name is William Mathieson Miller.
ReplyDeleteThere is no suggestion in any court document that Liam Miller raped anyone. The Phnom Penh Post is demonstrably wrong in its published assertion that Liam Miller was charged with rape.
The Phnom Penh Post refuses to apologize, to print a retraction or even to acknowledge receipt of email from me requesting, on Liam miller’s behalf, a retraction, an apology and the removal of the defamatory article from those parts of the Phnom Penh Post archive accessible through Google search.
I am publishing the second half od the court’s ruling more or less in full(with some names redacted) lest there be some suggestion that I have cherry picked only parts of the report in order to make a compelling case that Liam Miller has been defamed by the Phnom Penh Post.
KINGDOM OF CAMBODIA
Nation Religion King
Siem Reap Provincial Court of First Instance
3
No. 6904 ពស.ព្រទ/2011
NONSUIT ORDER
3
I, the undersigned, HOK Pov, Investigating Judge of the Siem Reap Provincial Court of First Instance;
Pursuant to:
Code of Criminal Procedures of the Kingdom of Cambodia;
Criminal case file No. 197, dated March 12, 2011;
Investigative case No. 150, dated March 12, 2011;
Investigative request No. 1088, dated March 12, 2011;
Final conclusion order No. 2897, dated July 15, 2011, of the representative of the prosecution to the Siem Reap Provincial Court of First Instance;
After observing, investigating, gathering evidence and taking full account of the case, the following was revealed:
On March 6 and 10, 2011, the Bureau of Anti-Human Trafficking and Protection of Minors of the Police Station of Siem Reap Province, received a complaint filed by CHUM Nop and POY Por against an elderly male foreigner…for alleged sexual abuse. The Bureau of Anti-Human Trafficking and Protection of Minors then opened an investigation into the case with the suspect named William Mathieson Miller, foreigner, and promptly arrested and sent him to the Siem Reap Provincial Court of First Instance…..
...to be continued...
...
ReplyDeleteBeing of the opinion that according to the statement of PP, aka TD, the foreigner named William Mathieson Miller did not commit the act of physical abuse and sexual harassment against her, and the reason why she filed the complaint against the foreigner named William Mathieson Miller was because two men from the women’s rights protection organization took her to the police office to file the complaint, and it was because at that time she was angry with William Mathieson Miller for firing her and refusing to employ her in his house, so she told the police at the office that William Mathieson Miller had committed the acts of sexual abuse and harassment against her.
Being of the opinion that according to the statement of PE, the answers given by her in the police minutes saying that the foreigner named William Mathieson Miller had committed the acts of sexual abuse and harassment against her were not true because she did not really give those answers, and when the police finished writing the minutes, she just affixed her thumbprint without looking at or reading them.
Being of the opinion that according to the statement of YCI, when she was standing and waiting for William Mathieson Miller in front of his house and when he came back from getting the money from inside his house, he touched the edge of her hand, which frightened her so much that she ran outside for fear that he wanted to do something bad to her, but she confirmed that the foreigner, William Mathieson Miller, did not commit the acts of sexual abuse and harassment against her.
....to be continued...
....
ReplyDeleteBeing of the opinion that according to the statement of Mr. CHEA Heng, judicial police officer, when he arrested William Mathieson Miller, there was no evidence to implicate him, but only the complaints filed and answers given by the three victims. His office now had no other evidence to implicate William Mathieson Miller either.
Being of the opinion that according to the statements of PE, YCI and PP, aka TD, the foreigner named William Mathieson Miller did not commit the [acts of] physical abuse and sexual harassment against them. These answers were contrary to the statements at the judicial police office and to the judicial police officer’s report, which revealed that William Mathieson Miller truly did not commit the offense as per the complaint filed with the judicial police office.
Being of the opinion that the statement of the charged person, William Mathieson Miller, the statement of the civil parties, CN, PP, aka TD, and PE, the statement of the victim, YCI, the statement of Mr. CHEA Heng, judicial police officer, and the statement of the witness, SS, were consistent; the court should therefore be satisfied that William Mathieson Miller did not really commit the sexual harassment as per the complaint filed with the judicial police officer;
Being of the opinion that CN, PP, aka TD, and PE, who were the civil parties, have withdrawn and are no longer filing their complaints against William Mathieson Miller on the grounds that William Mathieson Miller did not do anything to them.
....to be continued...
....
ReplyDeleteBeing of the opinion that the arrest and detention of the charged person named William Mathieson Miller was done in the form of reasonable doubt and was only to ensure the process of the investigation proceedings.
Being of the opinion that under Article 38 of the Constitution of the Kingdom of Cambodia, the reasonable doubt shall always benefit the charged person.
Being of the opinion that the Final Conclusion Order No. 2897 P., dated July 15, 2011, of the representative of the prosecution to the Siem Reap Provincial Court of First Instance, which stated that there was no guilt on the part of William Mathieson Miller, male, 68 years old, Scottish national, being accused of sexual harassment committed in Veal village, Kauk Chak quarter, Siem Reap municipality, Siem Reap province, on November 30, 2010, on December 2, 7, 2010 and on January 7, 2011, and requested that the investigating judge decide to dismiss the charge against William Mathieson Miller for sexual harassment, a crime stipulated and punishable under Article 246 of the Penal Code, is correct as per the matters of fact and the results of the investigation, and there is inadequate evidence to implicate [the charged person];
Being of the opinion that according to the results of the investigation, there was no evidence or assumption to implicate the charged person named William Mathieson Miller as the accusation in the investigative request of the representative of the prosecution, the representative of the prosecution therefore requested that the investigating judge decide to dismiss the charge against William Mathieson Miller;
Being of the opinion that the investigating judge also agreed with the basic facts mentioned in the final conclusion order No. 2897 dated July 15, 2011, of the representative of the prosecution of the Siem Reap Provincial Court of First Instance, requesting that the investigating judge decide to dismiss the charge against William Mathieson Miller for sexual harassment; the charge should therefore be dismissed as per the representative of the prosecution’s request;
Being of the opinion that there was no guilt on the part of William Mathieson Miller, male, 68 years old, Scottish national, being accused of sexual harassment committed in Veal village, Kauk Chak quarter, Siem Reap municipality, Siem Reap province, on November 30, 2010, on December 2, 7, 2010 and on January 7, 2011, which is a crime stipulated and punishable under Article 246 of the Penal Code; the charge against William Mathieson Miller should therefore be dismissed;
Being of the opinion that the charged person named William Mathieson Miller when appearing for the first time was temporarily detained by the decision of the investigating judge, but later, following an investigation and getting the results, he was released on bail, thereby placing him under judicial scrutiny in lieu of detention. Now, the charge against the charged person has been dismissed in accordance with a remedial order, the implementation of the order placing the charged person under judicial scrutiny shall be terminated from now on;
....to be continued...
....
ReplyDeleteHereby decide:
1- To dismiss the charge against William Mathieson Miller, male, 68 years old, Scottish national, university lecturer, born in Globals, Glesgow, Scotland, currently residing in Veal village, Kauk Chak quarter, Siem Reap municipality, Siem Reap province, spouse of Thel Memiller, with whom he has four children, son of Mr. William “deceased” and Mrs. Margret Miller “deceased”, with no record of any offense committed (on bail);
2 -Being accused of sexual harassment committed in Veal village, Kauk Chak quarter, Siem Reap municipality, Siem Reap province, on November 30, 2010, on December 2, 7, 2010 and on January 7, 2011, which is a crime stipulated and punishable under Article 246 of the Penal Code;
3 - Order No. 3709, dated May 3, 2011, of the investigating judge placing the charged person under judicial scrutiny shall become invalid from this day onwards.
No. 107/2011
Informed and approved
July 22, 2011
Vice Prosecutor
(Signature and stamp)
Siem Reap, July 21, 2011
Investigating Judge
(Signature and stamp)
YET ANOTHER ATTEMPT TO GET THE PHNOM PENH POST TO RETRACT AND APOLOGISE FOR PUBLISHING ALLEGATIONS THAT LIAM MILLER WAS CHARGED WITH RAPE:
ReplyDeleteChad Williams
Editor in Chief Department
Editorial Edition
Post English
Dear Chad
My previous attempts to communicate with you via the Post’s online ‘contact’ address have failed. My attempts to communicate with you via David Boyle, whose email address I do have, have failed also.
You will be well aware that there has never been any suggestion, in any police or court document, that William Mathieson Miller raped anyone. The very worst that was alleged was that Mr Miller may have touched a young woman’s hand inadvertently. In any event, all sexual harassment charges against him were found to be false – for reasons outlined by Judge Hok Pov in his summation of the case.
The Phnom Penh Post’s article has caused enormous damage to Mr Miller’s reputation, his employment prospects and his relationship with those close family members who believe that what the Phnom Penh Post published was true. Given that what was published was demonstrably not true I ask again, on Mr Miller’s behalf, that the Post apologize, issue a retraction and have the offending article removed from the internet such that it cannot be found through Google search.
best wishes
James Ricketson
The damage for Liam is, that the Phnom Penh Post reported on the issue without telling the real facts and afterwards refused to retract from their report. the same goes for google which denied Liam the right that the defamatory reports to be deleted from their search engine. Now without any guilt the reputation and criminal record of this man is damaged forever. No compensation in sight. It's called COLLATERAL DAMAGE !! 8-)
ReplyDeleteDoes Human Rights Organisation Licado care ? I doubt it !
Very Nice post!
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