Prime Minister Hun Manet ordered the Ministry of Justice on September 26 to review the case of a drunk motorist who was sentenced to five years imprisonment and fined $5,000 after mowing down four people in a traffic accident in January 2024.
The order came after the Phnom Penh Municipal Court issued the verdict on Neang Sam Oun on September 25 following the fatal traffic accident in Russey Keo, which also injured four persons. In addition, Sam Oun was banned from driving for five years after he completed his sentence.
In a statement, a spokesperson for Phnom Penh Municipal Court, confirmed that the man was served the maximum sentence by law although the plaintiffs in the case had already accepted compensation and withdrew their complaint.
During the graduation ceremony in Royal University of Law and Economics, Hun Manet said although Sam Oun received the maximum sentence, five years was not “heavy enough” as he killed four people, thereby requesting a review of the case.
He asked Justice Minister Koeut Rith to assign the Prosecutor-General of the Court of Appeal to ascertain if the decision was “strong enough”.
“The court explained that the sentence was up [to the maximum] as prescribed by the law but to be sure, it [the sentence] must be appealed as this case should be strictly enforced,” he said.
Hun Manet said if the law is limited to five years, then an amendment must be considered to raise the sentence to prevent a similar issue from happening again. He stated that it is good to review this as the Ministry of Justice is also reviewing the Criminal Code and Code of Criminal Procedure for amendment.
“We cannot order the court or a court cannot do anything beyond the law but we have to review it,” he added.
Hun Manet also called on the judiciary nationwide to strictly enforce the law against perpetrators who cause serious harm to society.
Following the prime minister’s remarks, Court of Appeal prosecutor-general Ouk Savuth asked the Court Chamber of the Appeal Court on September 26 to review the Phnom Penh Municipal Court’s verdict.
Chin Malin, Justice Ministry spokesperson, did not respond.
Appeal Court spokesperson Khun Leang Meng told CamboJA News that the prosecutor-general can appeal to the Appeal Court. However, he is not sure whether the sentence will be increased after the appeal.
Regarding the case, Sok Sam Oeun, chief attorney for AMRIN Law, told CamboJA News that the court had already sentenced Sam Oun to the maximum penalty, so the prosecutor-general cannot appeal to the Court of Appeal. Prosecutors can only appeal when the court’s sentence is below the maximum, he explained.
If the Prime Minister believes that the court decision in this case was limited, the only solution would be to amend the law, he said. However, even if the law is amended, it cannot be applied retrospectively to Sam Oun as the case has concluded.
Khoem Hing, a relative of Nget Srey Mao, who died in the accident, told CamboJA News that the five-year sentence was short as four people died in the crash.
Kong Sovann, founder of Cambodia Safety Solution Organisation (CAMSAFE), told CamboJA News that the verdict was at the discretion of the court. But, he “strongly” supported Hun Manet’s call to review the case.
“This is a sign of the leadership’s attention [to issues] and a call to urge the legislature to impose restrictions or punish perpetrators,” he said, adding that Hun Manet’s remarks were also a warning to those who drove under the influence of alcohol.
He also mentioned recent cases in which an Australian court sentenced Cambodia’s Interior Ministry secretary of state’s son Doeun Oudom to 12 years in prison after he crashed into two people, killing them on May 15, 2023. Sovann added that the strict punishment accords a high value on human life.
In the first half of 2024, there were 1,534 accidents, 14 less than the same period in 2023. However, the number of victims increased, with the death toll rising to 79,337, higher than the first half of 2023.
