By Khuon Narim and Andrew Burmon
The Cambodia Daily, July 13, 2010
At a hearing at the Appeal Court yesterday, judges appeared to express doubt about the witness testimony held against a German man convicted in 2006 of sexually abusing four boys in Preah Sihanouk province.
Alexander Moritz Watrin is seeking to overturn his 10-year sentence by Preah Sihanouk Provincial Court for having sexual contact with the victims, who ranged in age from 12 to 15 years. The Supreme Court in April remanded the case back to Appeal Court, saying witness testimony was unclear.
The Appeal Court shortened Watrin’s sentence in 2009 to seven years to reflect a trafficking statute adopted in 2007, which replaced previous laws on debauchery.
Presiding Judge Seng Sivutha said yesterday that the reason the Supreme Court ordered the appeals court to review the case was that “the date of the incident is unclear and the children who testified did not know much and did not appear in court.”
Judge Sivutha added that the reliability of the victim’s testimony—which was crucial in prosecuting Watrin in 2006—was under review.
Samleang Seila, country director of the NGO Action Pour Les Enfants, which is providing legal representation for the victims in the case, said he did not understand whythe credibility of the victims’ testimony had suffered in the appeal process.
“I don’t understand why the one court believed the victims’ testimony and then the next judges didn’t,” said Mr. Seila, adding that personal accounts are often crucially important in sex cases involving minors because there is rarely tangible evidence.
Patrick Stayton, field office director for the International Justice Mission, said yesterday that judges are often reluctant to consider the testimony of young boys.
“It’s a cultural thing and hardly unique to Cambodia, but my understanding is that judges seem to have a difficult time believing that boys can be molested too,” said Mr. Stayton, adding that the testimonies of young female victims were deemed more credible.
The Appeal Court is to announce its ruling on July 20.
Reprinted with the permission of The Cambodia Daily; No further dissemination is permitted.
Copyright © 2010 The Cambodia Daily.
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