Including men like David Fetcher, accused of rape bur denied a fair trial?
It seems not?
Writes Naly Pilorge, Director of
LICADHO, on 21st. Dec 2014 in an email about David Fletcher:
Dear XXX
Thanks for your
email. We are following the case, our findings differ
from James
Ricketson but we cannot reveal the details of the case to
protect the
parties involved, thanks.
Naly
Naly Pilorge
Director
Email to Dr Kek Pung dated 22nd
September 2015
Dear Dr Pung
If Naly Pilorge
is in possession of evidence that David Fletcher raped Yang Dany in March 2009,
she should share it with the police, with the courts and with the media.
If Naly did not
write the email that has been forwarded to me in which she makes reference to
'findings', she should say so.
If Naly
believes, regardless of her own 'findings' that David Fletcher is entitled to a
fair trial, now would certainly be a good time for LICADHO to make a public
announcement to that effect.
The question of
Mr Fletcher's guilt or innocence is a matter for the court to decide, based on
evidence that is tested in court.
That any person
accused of committing a crime is entitled to a fair trial is something that
LICADHO in eminently well equipped to comment on but has remained silent about
for five years now in the case of Mr Fletcher.
best wishes
I received no response to this email.
On the basis of evidence from which Naly
Pilorge has made her ‘findings’, which she will share with no-one, Pilorge has taken
upon herself the dual roles of prosecutor and judge.
It is not appropriate, for the head
of a human rights organization, to usurp the role of the courts.
If Naly Pilorge has evidence of Mr
Fletvher’s guilt she should not be withholding it from the courts. If she has
no evidence, but has relied on scuttlebutt, rumour, innuendo, 2nd
and 3rd hand reports, her 'findings' are worthless from a legal
point of view.
Regardless of her own personal
feelings, her own conviction that Mr Fletcher is guilty, Naly Pilorge should
nonetheless, as Director of LICADHO, be advocating for his right to a trail
carried out in accordance with the Cambodian Code of Criminal Procedure. This
right should be extended to all accused of a crime.
neeson is a criminal; the officers of aple, fco, and perhaps some employees of the british are all in co hoots; they need each other to keep this scheme going; David Fletcher got in the way because he actually fed the kids; actually helped families;
ReplyDeleteDavid is not perfect by his own admission but he is not guilty of the crime he is being punished for............he is not guilty and everyone with any sense knows it.
yes there are plenty of people who come on here with their foul mouth and say all sorts of things but the one thing they cannot say is that David was given a fair hearing and was found guilty based on real evidence; they prefer to rant about David and James and call them names like a bunch of school yard bullies. no doubt they do in fact know that David was rail roaded; and is in prison for getting in the way of their corrupt dealings; its sad to think about how many kids could have been helped by David during this past five years. the people responsible for putting him in prison have blood on their hands.
they will be held accountable; they will be exposed; the more they come on here and rant, the more I am convicted that they are evil people with very little minds who follow blindly; look at the evidence or lack of it; neeson's puppets;
ReplyDeleteOn several of my visits to PJ prison I have bumped into an Australian woman by the name of Yoshe; a friend of David Fletcher’s. She told me she wanted to write something about David, giving her own female perspective as a fellow prisoner.
The first part of what Yoshe has written has come through the day before a decision is made by the Appeal Court on whether David is entitled to a fair trial or will be expected to die in jail without ever having had a trial.
YOSHE FELLOW INMATE AT P.J.
Part 1
I am a 43 year old Australian woman with a good education who has been in a Cambodian jail for 2 years for agreeing to employment which turned out to be a drug scam. I was conned into being a mule.
The scam was discovered at the Phnom Penh airport as I was returning home from what I thought was a business trip. And I suppose in some respects it was.............just not the business contract I'd signed up for!
I spent time in a Cambodian police station answering questions and giving my statement. During this time I was alone. The police would give me Cambodian newspapers in English to occupy my time. This is the first time I ever heard of David Fletcher. I don't remember exactly what the headline was, but it used 'convicted pedophile' and mentioned Cambodian children. I remember it said he was fighting this charge. I remember I was disgusted and certain he was guilty.
At this time, I didn't know Cambodia and my standard of the idea of 'conviction' was completely dominated by Western thinking of proof of leaving no doubt.
My stay in the police station was followed by a 3 week nightmare at Pre Sar ( womens section), which is overcrowded ( 99 women in a 25 X 5 Metre room), dirty, isolated ( few English speakers ) and exposed (no privacy either to go to the toilet, which was in the open, 3 holes in the floor or to shower, which had to be done in front of the male guards who blatantly watched).
After 3 weeks my embassy had me transferred to a smaller prison which was much more expensive (only 20 women to a 10x5 meter room) and more private; with a curtain in front of the toilet and bathing facilities. But way less crowded.
When I arrived I had a bad knee which kept dislocating. Up to this time I was able to put it back into place but was unable to crouch or get up from the floor without it recurring. In my first few days at P.J. it popped out and refused to be realigned. After over a month not being able to walk or crouch over the floor toilet without extreme pain my embassy received permission from the ministry of interior for me to have a toilet seat chair, see a doctor and regular exercise downstairs morning and afternoon. At first I could only do this with crutches.
Having had at least a month confined inside I found I couldn't walk far or for long and was given a seat by the guards to rest on between my painful excursions.
This is where I first met and spoke to David who spent every morning helping a female political prisoner improve her English.
I have to admit my chair was always stationed close to them so I often listened into these lessons and, being a qualified teacher with many yeas experience, I sometimes agreed and sometimes disagreed with the discussions I heard. But overall I enjoyed my eve's dropping.
I remembered what I had read about David in my first week at the police station and I must say I type-cast him to begin with and was suspicious and skeptical for some time before we became friends.
…to be continued…
YOSHE FELLOW INMATE AT P.J.
DeletePart 2
I knew virtually nothing of David’s actual ordeal at the time. Only the few biased comments I'd read in the newspaper that one time. Eventually I would not only find out about the real facts involved, David would give me original documents to read that corroborated these facts.
During these morning sessions David began to bring his student some "good English food " for breakfast while they worked and, to my surprise and delight at the time, he began bringing me some as well. Up until then I had just butted into his lessons as I limped past and put in my 2 cents worth or say something funny about what he was discussing that only he and I understood.
Bopha, his student, (Yorm Bopha, Cambodian land rights activist noted for her opposition to development around Boeung Kak lake) brought out a happiness and delight in David that I completely identify with - teaching an eager intelligent individual. David, to this day, expresses his great admiration for Bopha for being so brave and courageous in the face of cruel adversity. It gave light and purpose to David’s early days here. In all the time I have known David this was his happiest I've ever seen him.
Eventually Bopha was released and David and I talked more frequently as the English speaking occupants (as a first language ) was limited to a total of 3 prisoners.
This is when I discovered David to be so caring and protective of women and children? He hated the inequality of Cambodia. He tried to instill a sense of equality of the sexes into 'his' children - as he always refers to the children at the dump. He is always talking about them and still cares about them.
Over the last 2 years David and I have got to know each other more; to find out about each others countries and histories. I have learnt a lot about his country. (David already knew about Cambodia in general as he lived and worked here for a considerable amount of time previously. I need to point out that David and I still don't agree about everything, but we agree to disagree and accept each others perspectives and sometimes annoy each other, but we always work past it or give each other space. And David still gives me a nice ham and egg roll many mornings or a bowl of curry or stew he has made. At times he has kept me alive with these donations as my family has struggled financially to meet the expense and demands of a country that sees all foreign white westerners as being rich.
I have found David to be a friendly, opinionated, argumentative person who listens to other views and valuates his thoughts against this new input and looks for external evidence to prove or disprove this new information. David often sounds racist in his political incorrectness but usually he is speaking in stereotypes and if questioned will openly express the exceptions he takes for granted in his dialogue. He can be loud and direct. He isn't intimidated and is honest, and caring to those he sees as worth his attention and time. He does not suffer fools gladly. He often criticizes countries and governments, but equally so the British government.
David is a dinosaur, a relic of the Empire; a battle of Britain spirit. He is very proud of this. He admires factual dialogue and offers a challenge with his own facts and evidence to make a point.
…to be continued…
YOSHE FELLOW INMATE AT P.J.
DeletePart 3
David was placed in a cell for a time with an American self confessed pedophile called Jason. David hated him from the start and was always at loggerheads with him. On several occasions I thought David was going to get violent with him. The American was a very supercilious type of person and confessed to me he thought girls were at their best at 13 years of age and that was all he was interested in. He also stated he was the most intelligent person in P.J. I am sure many of you will think this propaganda. It is truth! I witnessed it!
To understand David’s attitude to females (especially in this country) one must first understand the position females are put into here. Being the only white English speaking female here, the double standards are far more obvious to me than even to David. Women are treated as resources. They get less time outside of the cells than the men. Water is restricted only with the females. They are meant to feed and clean for men who are their boyfriend. You sit near a man, he is your boyfriend. But they do not mess with David with this stupid agenda.
Women are prostitutes for many reasons, if she smokes, wears dark or bright lipstick, wears pale nail varnish, exposes her arms, etc etc etc. However if she has up to 5 boyfriends who all give her money she is not a prostitute, she is just Khmer. Of course if she is friendly and talks to many people her honour is obviously suspect.
Children's virginity is sold here for $500 to an Asian. It is a lot more if it is a foreigner. Yes, it is a set price. This is how outwardly common it is. Marriage is a financial business arrangement between females. Men must offer the dowry. Everything here is for the look of it! What is done in public is limited, but as long as no one sees, anything goes. So women and men live a public lie, and see it as normal. They accept abuse as what advantage it gives them and create pecking orders to establish who abuses who amongst themselves.
David has always treated me respectfully. We have a sarcastic cheeky sense of humour, so occasionally he will make a joke of a sexual nature to me and I'll laugh and sometimes turn it back on him. He frequently calls the female guards his wife or asks will they marry him, tongue in cheek, and he is complementary of beauty he sees. Most western women would see this for cheeky carefree nature as intended. But if one of these girls said yes to David’s marriage proposal, he would run a mile!
He has a highly protective nature, as seen with Bhopa and myself. He is always there for any of the girls that feel vulnerable. Recently a South Korean girl asked for help, David did not flinch to see she was safe. He has told me if I have a problem to tell him and he would have it out with the person concerned. Sometimes he would stand near if he thought someone was trying to intimidate me. I know he did this in a low profile way for Bhopa. I don't need this, I can take care of myself but it is reassuring to know he is there. Most women in my country learn to rely on themselves young and tend to be assertive when necessary. But it's sweet as its a way of his to demonstrate he cares and it is a natural inclination in him and not a conniving or affected in any way.
While I have never seen David around children, he speaks about them as I speak about my students. He has the same desire to make their lives better.
David has a tough exterior and a soft centre. He often says things about grown women and sexual inclinations that I believe he would hide if he were intent on abusing women or hurting children. Its been my experience (and unfortunately I've had substantial) that the abusers are very conscious of what they say and how it could be interpreted. David is not. I often point out to him how someone could be misled by his statements. But when questioned he can easily clarify his thinking and he tends to be interested in how it can be misconstrued.
....
...
DeleteI am glad I met David especially in this setting and cultural situation because if all I had done is read the propoganda on him, I would have unfairly judged him, I would have missed out on a faithful ally and friend.
There is more to this country than people see on the surface and foreigners take advantage of the situation here for their own gain. I think David has got it right in his book, The Conspiracy, he calls it the new 'heart of darkness'. These people are greedy for power and resort to systematic corruption. They need to start caring for their own people and our countries need to leave them alone instead of exploiting them. Let the Khmers clean up their own mess!
Wow, two great stories. I'll keep mine brief. I visited David each day in the hospital, for about 9 days, a good portion of that time, he was in intensive care. I've got to tell you, the Russian ICU is no great place to stay if you are sick. David was in dire straights and people were dying all around. In spite of all of this, David's first concern was "how were his children doing'? Now I know the haters out there will read into that what they want, but in spite of his dire circumstances, his first thoughts were for the welfare of his children. He would have been able to help many more were it not for Hogan, Neeson, APLE, ICADHO, and many others involved in this stitch up. Let's hope that tomorrow, the courts can grant David a fair trial that he has been waiting 5years for!
ReplyDeleteImpossible to find evidence of David Fletcher's guilt when a) he wasn't in the area when the alleged rape took place and b) the girl he is accused of raping is still a virgin (medical exam proves this) Also c) the girl denies being raped. No wonder Naly Pilorge is not speaking out!!!
ReplyDeleteLicado is a farce.
ReplyDeleteThe human rights theme this NGO is using is merely a cover for it's real activities. These activities are aimed to fullfill the Stars-and-Stripes goal to change Cambodia's regime so it can use the country for it's own geopolitical and - military purpose as it does so many other countries.
Spearheading the Anti-NGO-Law League (LANGO), in cahoots with the US Government, had no other goal than to prevent a Law that would regulate the rampant NGO Sector in Cambodia, is proof of that. For weeks Licado flew a big "NO" Banner at it's offices around the country. The same "NO' is used to prevent David Fletcher from having a fair trial.
Mentioning Licado in line with Human Rights is a OXYMORON !
Evidence please, Naly Pilorge
ReplyDeleteSo let me get this straight:
ReplyDeleteScott Neeson tells CEOP, SISHA, APLE and the British Embassy Fletcher is grooming little girls but refuses to produce any evidence.
Naly Pilorge says Fletcher raped Yang Dany but refuses to produce any evidence.
APLE says Fletcher raped Yang Dany but the doctor's report says she's a virgin.
Fletcher says he wasn't in Cambodia when he supposedly raped Yang Dany in a bar that didn't open for another six months.
The British Embassy in Thailand destroyed Fletcher's passport.
Am I missing something or is it OK to use the word 'conspiracy' now?
The big problem with your conspiracy theory spewed out by Team Rickets is why all these people would decide to send some smalltime guy like Fletcher to jail and risk their reputations. It doesn't make any sense. Why would they bother?
ReplyDeleteWell said Anonymous 4.39. James @#$%* Ricketson proves his IQ is low with his @#$%* conspiracy theories. He is a @#$%* moron. I bet he will delete this comment because he's a @#$%*
DeleteAs I’ve said before, if it comes to a choice between a cockup and a conspiracy it will almost always be a cockup.
DeleteNeeson cocked up making his defamatory comment to Andrew Drummond about Fletcher ‘grooming’ young girls. I don’t think that Neeson wanted to do anything other than get Fletcher out of the dump so he could be king of the castle.
The British Embassy in Cambodia cocked up by believing that just because Neeson said it, just because allegations about Fletcher were all over Khmer440, they must be true. So the Embassy got in touch with its counterpart in Thailand and said, “Have this man arrested.”
Oops!
Someone in the British Embassy in Thailand looked at Fletcher’s passport, realized he wasn’t in Cambodia at the time of the alleged rapes and decided that his passport needed to be ‘accidentally’ destroyed.
For APLE, Fletcher was low-hanging fruit – easy to pick. His previous offence in 1998, having sex with an underage girl, meant that no-one was going to come to his aid. Drop the word ‘statutory’ and Fletcher could be turned into a child rapist and, from there, into a pedophile. Just the kind of victim APLE could use to keep its arrest and conviction rate up.
...to be continued...
Because, as any person who can think realises, they thought they could get away with it; as they would have if James hadn't stumbled on the story & exposed it!!
DeleteI hope that today in court, the English language newspapers show up in force! Much appreciated that the Cambodian Daily has reported this story, but where is the rest of the media to report this persecution??
ReplyDeleteI hope in court today that the judges throw away the key and Fletcher gets his just deserts
DeleteOne way or another you are in for huge disappointment. If a trial is granted in regular court, the facts will come. If it is not granted, this will go to the Supreme Court, and the facts will come out. Just continue with your hateful life and be miserable! You've earned it!!
DeleteOnce APLE got on the bandwagon, managed to get a secret trial, there was no turning back without loss of credibility. So, when Yang Dany said “I wasn’t raped,” she had to be disappeared. Off to China.
ReplyDeleteAPLE has spent the last year advocating against Mr Fletcher receiving a fair trial. APLE knows that in a trial conducted in accordance with the Cambodian Code of Criminal Procedure it would become apparent, without Mr Fletcher even needing to take the stand and give evidence, that its ‘rape narrative’ simply makes no sense at all. This narrative has never been presented in an open court, and hence open to scrutiny, but only in a series of APLE press releases. Trial by press release is an APLE speciality. As with the Cambodian Children’s Fund, APLE puts a great deal of effort to market itself as indispensible to Cambodia.
The falsity of APLE’s ‘rape narrative’ would be clear even to a person of below-average intelligence if they were to consider just a few facts:
- Mr Fletcher was not in Cambodia at the time the alleged rapes occurred
- The scene of the crime, ‘Rick’s Place’, did not open until six months after the alleged rapes occurred.
- The alleged victim, Yang Dany, denies that the rapes occurred.
- The court appointed doctor who examined Yang Dany after the alleged rapes declared her to be a virgin; her hymen intact.
These are just a few of the facts that would be presented to a properly constituted court for consideration. Will it ever be possible for this evidence to be tested in court?
At present the only reason given by APLE as to why Mr Fletcher should be denied a fair trial is that he delivered certain paperwork to the court late. So much for APLE’s commitment to Mr Fletcher’s legal and human rights!
In any country in which the rule of law applied, this case would never have gone to trial. The equivalent of an Investigating Judge in Australia, the UK, the US or any European country would have reviewed APLE’s so called evidence and tossed the case out and admonished those who brought the charges for wasting the court’s time.
In a properly constituted court, functioning in accordance with the Cambodian Code of Criminal Procedure, APLE would be obliged to produce the only witness there is to the alleged rapes – Yang Dany. This is impossible. APLE arranged for Yang Dany to leave Cambodia and go to live in China so that she would not be able to testify; so that she would not be available to tell the media what she told me and three other journalists – namely that she was not raped but that her mother had laid the charges when told that she and her mother stood to gain $30,000 in compensation.
There are also suggestions that Yang Dany is a victim of human trafficking and for such questions to be raised in court would be very embarrassing (to say the least) for APLE. And embarrassing for Scott Neeson, who made a big song and dance about helping Yang Dany and her mother back in 2010. (See Andrew Drummond’s article). Once Yang Dany had supplied Neeson with what he wanted – Fletcher’s head on a platter – she was no longer of any use to him and he dumped her.
So, in conclusion, I don’t think a whole lot of people got in a room and said, “Let’s get Fletcher.” It was more a matter of numerous individuals and bodies seeing an advantage to themselves in pursuing him and, when the facts began to contradict the narrative they had created, doing all they could to keep the case out of court.
A series of cockups with a dash of conspiracy, if you like.
So Ricketson - are you going to be at court today, protesting for Fletchers freedom - I bet you aren't and I also bet that you will be hiding in the protection of your lounger - its so easy to criticise and call people corrupt when you are tucked away in another country.
ReplyDeleteOf course I will be going to court! Why would I not go?
DeleteI am not tucked away in another country. I am in Phnom Penh
i never met anyone in PJ who was guilty. Ms Yoshe Ann Taylor is not someone who adds credibility to yor argument, she is mentally unwell and on numerous occasions has been found to be of unfit mind. she made 3 separate trips on behalf of her nigerian "business partners" and it doesnt take a genius to realize that when they hand you a bag before boarding the plane something isnt right. truth be told she is a fitting member of the ricketson-fletcher group. who knows perhaps james will take up her cause next and prove that she was just an innocent mule!
ReplyDeleteThis was my response when I first met Fletcher. Of course, most prisoners are going to plead that they are innocent. I told Mr Fletcher on my first meeting with him that I was only interested in facts and that if my research revealed facts that suggested he was guilty, I would say so in both my book and film. He was OK with that.
DeleteThe first fact that emerged was the doctor's report that declared Yang Dany to be a virgin. This suggested tome that Mr Fletcher was telling me the truth. The second fact to emerge was Yang Dany confirming the doctor's report and insisting that she had not been raped. Her mother, Sekun, agreed.
This was enough for me to start advocating Mr Fletcher's right to a fair trial. I would have done the same for any person under the same circumstances.
As for Yoshe, the only part of what she has to say that is of interest to me is what she says about Mr Fletcher. I have heard variations of this story from several others. It s, if you like, a character reference.
I cannot comment on whether Yoshe is innocent or guilty as I do not have any facts to go on. Her assertion that she is innocent is certainly not enough to convince me, any more than was Mr Fletcher's
Now that's a bet I'd love to take. Is Team Neeson now down to their last and stupidest spokesperson??
ReplyDeleteI wonder if anyone from Licadho will turn up in court today?
ReplyDeletePedophiles don't deserve human rights.
DeleteA few points, Anonymous 9.10
DeleteDavid Fletcher, to whom I presume you are referring,k has never been found guilty of a pedophile offence.
Men accused of pedophile offences do have legal and human rights, even of they are guilty.
No one can legitimately be found guilty of a crime without due process. David Fletcher has been denied any trial at all in which he could introduce evidence in support of his innocence.
Even men and woman accused of genocide have legal and human rights.
If there is not justice for all, there is justice for no one!
ReplyDeleteHave you told the court officials Ricketosn that you are the person who has been calling them corrupt for the past year!
ReplyDeleteNo prizes for guessing your IQ Anon 11.27!
DeleteWhat is it that you are actually saying here, Anonymous 11.27?
DeleteThat Cambodia's judicial system is not corrupt?
Anon 12.33am Have you got evidence that it is corrupt or just hearsay and gossip from others
DeleteA quick google search will enlighten you, Anonymous 1.41
DeleteThis report by the International Bar Association’s Human Rights Institute is one week old
IBAHRI report highlights extent of corruption in the Cambodian judiciary
In a report released today, the International Bar Association’s Human Rights Institute (IBAHRI) exposes the extent of corrupt influence – both political and financial – which is exerted over the judiciary of Cambodia and its impact on human rights cases. The IBAHRI calls on the Cambodian government to rectify, both in law and practice, the situation that allows the authorities to place political pressure on the judiciary and to address the endemic corruption within the Cambodian legal system.
http://www.ibanet.org/Article/Detail.aspx?ArticleUid=fb11e885-5f1d-4c03-9c55-86ff42157ae1
And if you check this out you will find that out of 175 countries in the world Cambodia is amongst the top 20:
https://www.transparency.org/country/#KHM
And here's another:
Cambodia is now ranked as being perceived by investors as Southeast Asia’s most corrupt country, surpassing Laos and Burma on Transparency International’s annual corruption index.
to be found at:
http://www.voacambodia.com/content/cambodia-ranked-most-corrupt-country-in-the-region/1802720.html
is there any news about David's court case?
ReplyDeleteYes, the judges took about 2 minutes to reject Mr Fletcher's request for a trial on the grounds that back in 2013 he was late getting some paperwork to the court, through no fault of his own. The Appeal Court judges had no interest in allowing any evidence at all to be presented to them. Late paperwork, so 10 years in jail with no trial. Off to the Supreme Court next in hopes that the judges there may be interested in evidence.
ReplyDeleteI'll drink a pint tonight in celebration. Who says there is no justice in Cambodia. Fletcher has just discovered that there is. Cheers.
DeleteHear hear, Anon 2.50, one less sexual predator on the streets of Cambodia. Good news. Rickets will be drowing his sorrows tonight the @#%&* coward
DeleteThe hatefulness of some Cambodian Expats is unimaginable!! Perhaps you've missed the part about the Supreme Court? What horrible hateful lives you must live!
DeleteEvidence! EVIDENCE! Where does Mr Fletcher think he is? In a civilised country in which there is rule of law. Bugger evidence. Why waste time with it. The verdict is decided by who pays the judges the most. We all know that so the twit up above who is acting as though you have committed some dreadful sin, James, by suggesting that....how shall I put it?, that judges are open to persuasion is....well, he's a twit. I could use stronger language but I don't want to be censored :-)
ReplyDeleteAh, Scambodia! Gotta love ya
What did Neeson have to do with Fletcher being imprisoned, was he seen as competition at the tip? Fletcher was a very unpleasant individual but not guilty of the crimes he is charged with.
ReplyDeleteI have a problem with CCF still using old pictures of kids at the tip as bait for donors, its a fruad. That tip closed down years ago.
Neeson started the ball rolling with his comments to Drummond that Fletcher was grooming young girls.
ReplyDeleteThe fletcher/ricketson group are awfully quiet after getting a reality check from the courts. I
ReplyDeleteThe lull before the storm, perhaps!
DeleteThe fat lady has not sung yet.