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Graham Cleghorn….victim
of injustice in Cambodia? |
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Home > News
Reports > 2007 |
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The legal wrangling and jostling
for headlines in the Graham Cleghorn case look set to continue, after the
Cambodian Court of Appeal upheld his conviction for rape. At a July 10 announcement
following his appeal hearing the presiding judges said they found no reason
to dismiss the charges or reduce his sentence. Cleghorn, 60, a New Zealander, was
tried and convicted for the rape of five teenage girls employed at his Siem
Reap home in February 2004. "I have to say that we are
all totally devastated at the outcome of the appeal and still firmly believe
that Graham has not had a fair and proper hearing in to his case," said
Cleghorn's New Zealand lawyer, Greg King, in a July 12 email. King said Cambodia must ensure
that minimum standards of criminal procedure were adhered to, as defined
under the International Convention on Civil and Political Rights. "This especially relates to
the refusal of all courts to date to hear from the defense witnesses that
Graham wanted heard at his original trial in 2004. The fact that his appeal
has taken nearly three years and was 'adjourned' eight times, really makes us
question what is going on over there," he said. Oung Chanthol, director of the
Cambodian Women's Crisis Centre (CWCC), an NGO that helped bring about the
charges, said the organization was delighted that the decision had been
upheld, and said it set a "great precedent." "We are satisfied with the
result of the verdict this morning," said CWCC Municipality Coordinator
Nop Sarinsreyroth. "Even though nothing can be done to replace the
damage done to the victims -at least they have now got justice." The trial has sparked a great deal
of media attention in New Zealand. Concern about Cleghorn's first
appeal hearing, held without his or his lawyer's presence, and without New
Zealand or British embassy officials being notified, prompted the New Zealand
government to press Cambodian court for a second appeal. But the absence of witnesses,
lawyers and Cleghorn himself meant it took numerous attempts and more than 12
months before the hearing was finally held. After the July 10 decision was
announced the New Zealand embassy consul in Bangkok, Grant Traill, said that
New Zealand does not hold any opinions on the outcomes of criminal
proceedings against New Zealanders. "As long as the appeal
process was in accordance with Cambodian law and proper judicial process, the
verdict must be accepted," he said. But many New Zealanders remain
concerned that Cleghorn did not receive what could be considered a fair trial
by New Zealand standards. Cleghorn maintains the victims,
who all worked for him, were paid up to $10,000 each by the CWCC to testify
against him. Further accusations that the
original judge was in cahoots with the CWCC and was intending to blackmail
Cleghorn for his land, did little to quell rumors that Cleghorn had been set
up. While the legal wrangling
continues, the media is proving an increasingly important player in this
drama. The handling of the trial and
subsequent appeals ensured that doubts still lingered in New Zealand about
the efficiency and efficacy of the Cambodian justice system, and as a result
the case received widespread media coverage. Not all of that coverage was been
deemed helpful to Cleghorn's cause. Dunedin-based Cleghorn supporter
Dr Lynley Hood said the serious nature of the allegations carried a powerful
emotional impact and profound sense of urgency. Hood is the author of "A
City Possessed," a book which questioned the methods used to gain the
high-profile conviction Peter Ellis on child sex abuse charges. Hood said
there were parallels between the two cases. "These factors can cloud any
dispassionate consideration of the facts. As a result, the accused's right to
natural justice is often swept aside in the rush to judgment, and allegations
tend to be treated as established facts," Hood said via email. "Nothing is more damaging and
defamatory than wrongly accusing a man of being a pedophile," she added.
Meanwhile, the CWCC has been
critical of a so-called "smear campaign" launched by the New
Zealand media. "It is surprising and sorry
to see the low quality of professionalism of some NZ media. Most articles
presented only one-sided-information, echoing the voice of Cleghorn, his
supporters or sympathizers, who strategically slandered or defamed CWCC to
get the attention out of his case," she said. Chanthol said often little effort was
made to contact either the victims or CWCC and she has consistently denied
Cleghorn's claims the CWCC had bribed victims. "[Cleghorn] has been shown as
innocent and sympathetic by stating that he lost weight, attempted to commit
suicide, his teeth were falling out...these articles completely failed to say
about the suffering, tears, trauma, and future of the girls and their
families," Chanthol told the Post. "I could not understand those
articles which condemned CWCC, which helps thousand girls who were raped,
trafficked and beaten up by their abusive husbands, while they were
campaigning for the convicted. Would they do that if the case happened in New
Zealand?" King said his client had a lot of
support in New Zealand, and a media campaign was being used to maintain
public momentum for the case.
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