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This page last updated
July 17 2007
July
13 2007; Legal “wrangling” set to continue
“The legal
wrangling and jostling for headlines in the Graham Cleghorn case look set to
continue” write Lachlan Forsyth and Sam Rith for the Phnom Penh Post.
Cleghorn's New Zealand lawyer, Greg King has said "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." 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.
Oung
Chanthol, of the CWCC, said the organization was delighted that the
decision had been upheld, and said it set a "great precedent."
Dunedin-based Cleghorn supporter Dr Lynley Hood said the serious
nature of the allegations carried a powerful emotional impact and profound
sense of urgency. Factors similar to the Peter Ellis case in New Zealand 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,"
2007-0713 -
Phnom Penh Post - Media hype clouds Cleghorn rape appeal
July
12 2007; Radio NZ interviews Ong Chanthol of CWCC
Radio NZ
interviews Ong Chanthol, who has been the Director of the Cambodian Women’s
Crisis Center. She denies accusations that the CWCC are responsible for
setting Graham Cleghorn up, and says that nobody is considering the
“suffering of the girls” Radio NZ, nor
Ong Chanthol make reference to an earlier report that says that Ong Chanthol
is no longer the Director.
2007-0712
- Radio NZ - Interview with Ong Chanthol (Transcript)
2007-0712
- Radio NZ - Cambodian women's centre says justice done
July
11 2007; Reaction: "A gross miscarriage of justice"
Greg King, NZ lawyer for Graham, called the
verdict a death sentence, and it's "very very distresing". He said
defence witnesses were not able to be called, and the court only seemed to
endorse the original conviction. "This is a gross miscarriage of
justice" "I'm absolutely gutted"
Cleghorn's Cambodian lawyer, Ouk Ry said "We feel the
judges made the decision too early without taking into account all other
evidence and witnesses they did not call." He plans to take the case to
the Supreme Court.
Lynley
Hood, supporter for Cleghorn, said "here are irregularities in
the Cambodian justice system that boggle the mind". The family had
pinned a lot of hope on the appeal.
Website founder Brian Robinson says the fight will
go on."The story of what has happened needs to be publicised
widely"
Graham's family are afraid Graham will die in prison, without receiving a
fair trial. His daughter Heidi Madeley said she was
devastated. She is now focussing on trying to get someone out to see her Dad,
to check on his condition.
Foreign Affairs and Trade Ministry says it cannot intervene in the judicial
processes of another country if the appeal process was in accordance with
Cambodian law. As the process was in accordance with Cambodian law and proper
judicial process, New Zealand accepted the outcome, said Grant Traill, second
secretary with the New Zealand Embassy in Bangkok
2007-0710
- Sin Chew Daily - (Malaysia) Court Upholds Rape Conviction
2007-0711
- Radio NZ - Morning Report: Graham Cleghorn
2007-0711
- Dominion Post - Fears for Kiwi's life after rape appeal rejected
2007-0711 -
NZ Herald - NZ rapist's family fears he could die in Cambodian jail
2007-0711
- Three News - Cambodian court denies Kiwi appeal against rape convictions
2007-0711
- Radio NZ - Lawyers may take case to supreme court
2007-0711
- Waikato Times - Kiwi stays in jail
2007-0711
- Newswire - Cleghorn Lawyers Look To Supreme Court
July
10 2007; Rape sentence is upheld
Graham
Cleghorn at Appeal hearing
Graham
Cleghorn who was not at today's hearing has lost his appeal. He has
repeatedly denied the charges, saying that he was framed by an activist group
involved in helping to prosecute sex crime cases.
But presiding judge Thou Mony said the Appeal Court found that
“the suspect called the victims into his room to massage him and forced the
victims to have sex with him”. “The court found that Cleghorn is guilty of
the rape charges ... so the court upholds the verdict,” he said. Judge Mony
further said he found no grounds to reopen the investigation, as previously
requested by Cleghorn's legal defence
But Ouk Ry, one of Cleghorn's lawyers, called the verdict unfair.
He said the judge did not review critical evidence, and that they would make
another appeal. Cleghorn can submit his case to Cambodia's Supreme Court.
A CWCC
representative said before the verdict that the group would see
Cleghorn's release as an injustice, but made no comment after the sentence
was upheld. The CWCC has been at the center of controversy over allegations
about its methods but has strenuously and consistently denied any wrongdoing
and has called Cleghorn's claims "ridiculous."
'The family is in shock and we are completely dismayed that Dad's witnesses
were again not allowed to speak,' one of Cleghorn's five daughters,
Heidi Madeley, said by email. 'We continue to believe these witnesses
hold the key to proving that dubious methods were used to extract testimonies
from the other women.
2007-0710 - Stuff
- NZer's rape sentence upheld in Cambodia
2007-0710
- Radio NZ - Cambodian Court rejects Cleghorn appeal
2007-0710
- One News - Cleghorn stays in Cambodia jail
2007-0710 -
NZ Herald - Kiwi to stay in Cambodian jail
2007-0710
- Newswire - Cambodian Court rejects Cleghorn appeal
2007-0710 -
M&C - Cambodian appeal court upholds rape verdict against New Zealander
2007-0710 -
International Herald Tribune - Cambodian court upholds rape conviction
against NZer
2007-0710
- Herald Sun - Court rejects tour guide's rape appeal
2007-0710 -
Radio NZ - Lawyer "gutted" by appeal rejection
2007-0710
- Radio NZ - Supporter seriously concerned for his wellbeing
2007-0710
- Earthtimes - Cambodian appeal court upholds rape verdict against New
Zealander
July
4 2007; Appeal reports: Verdict scheduled for July 10
Defence attorney
says judge will announce a verdict next week. Nou Tep Thearith said:
"The presiding judge, Thou Muny, said the court's decision to uphold or
overturn that ruling will be announced next Tuesday.
Cleghorn commented on the appeal: "I think the trial was fair. The judge
gave me plenty of chances to speak.
The judges asked good questions of the complainants, so I think it was
fair.'' He said he didn't know which way the verdict would go but that the
court has heard enough evidence to conclude he is innocent.
Shortly before the court was closed to the public Wednesday, Cleghorn
reiterated his allegations to the new appeal Judge Mony and claimed a local
women's group, the Cambodian Women's Crisis Center (CWCC), had incited local
women to come forward and make claims against him with promises of financial
gain
2007-0704
- Malaysia Star - Cambodian court to issue verdict next week
2007-0704 - M&C
News - Cambodian court delays verdict in NZer's appeal
2007-0705
- Waikato Times - Rape conviction re-appealed
2007-0705
- Radio Australia - NZ man fights Cambodia rape conviction
2007-0705
- KI Media - Cambodian court delays verdict in New Zealander's appeal
2007-0705
- Radio NZ - Lawyer for Graham Cleghorn says his appeal hearing went well
July
4 2007; Appeal Hearing to be held today
An appeal hearing
is scheduled today. Lawyers hope
witnesses will show up at an appeal hearing in Cambodia today to avert yet
another trial postponement. The absence of witnesses from past hearings has
been blamed for delays and one of Cleghorn's Cambodian lawyer's, Ry Ouk, said
he hoped that wouldn't be the case today. "I can't make an assumption, but
if all the critical people are not there then it could be delayed," he
told Radio New Zealand.
He said speculation that the Cleghorn team needed to pay
money to the court before the hearing was not true. Speculation that he had
been bribed to quit working for Cleghorn was "ludicrous", he said.
2007-0704
- Radio NZ - Confusion over Cleghorn case
2007-0704 - Radio
NZ - Hearing for Graham Cleghorn (Transcript)
2007-0704
- Dominion Post - Lawyers for NZ rapist hoping for smooth appeal hearing
2007-0704
- NZ Herald - Convicted rapist faces Cambodia appeal hearing
April
16 2007; Judge scheduled to review case is being investigated for corruption
Graham Cleghorn's
appeal against his rape convictions is stalled amid claims that the Cambodian
judge assigned to his case is being investigated for corruption. In February,
Cambodian authorities agreed to replace the appeal court judges who were to
decide Cleghorn's fate after his lawyer argued that the previous appeal panel
would not uphold the appeal to Cambodian law.
2007-0416
- Dominion Post - Corruption case slows appeal
April
5 2007; Chanthol Ong resigns from CWCC
 
Chanthol Ong, founding member and Director of the Cambodian Women's Crisis Center
has resigned. She has an American passport and is on the way to take up
residence in the US. An advertisement is placed in the Cambodian Daily for
her replacement
2007-0405
- Rudolph Knuchel - Chanthol Ong Leaves the CWCC
February
5 2007; Graham Cleghorn a case "government reluctant to touch"
In a review of
New Zealanders in trouble overseas, Press reporter Dan Eaton says:
"Another case the Government appears reluctant to touch is that of accused
child rapist Graham Cleghorn in Cambodia, despite concerns over corruption in
that country's justice system."
2007-0205
- The Press - Trouble overseas
February
1 2007; Appeal Court judges to be replaced; Case to be reinvestigated
 Authorities have agreed to reinvestigate the case and replace the
appeal court judges deciding Graham's fate.
His daughter, Heidi Madeley, said her father's lawyers applied to have the
panel of appeal court judges removed after they repeatedly failed to hold his
appeal to the standards of Cambodian law. Ms Madeley said the most serious
breach was during his initial appeal in February 2006. It was thrown out
after being heard in secret with neither Mr Cleghorn, his lawyer nor New
Zealand embassy staff present. Two further appeals were aborted over the next
11 months; the first after none of his accusers showed up in court, the
second when officials failed to deliver him to court
Heidi
Madeley said the ruling had given her father a lift, and he was also
being supported by his three daughters who had all travelled to Cambodia.
"Physically he's not doing so well, but mentally he's a little
better."
2007-0201
- Dominion Post - Legal boost for jailed Cleghorn
2007-0201
- Timaru Herald - Cambodian court agrees to reinvestigate Cleghorn case
January
31 2007; Appeal Postponed again.
For the third
time in two months, the appeal for Graham Cleghorn is postponed. Local media
reports say the appeal was postponed after a change of judges was requested
by Cleghorn's family. But Cleghorn's lawyer and officials from the Cambodian
Women's Crisis Centre (CWCC), which represents the complainants, both said
they knew nothing of the motion.
According to Asia Pacific News, Judge Saly Theara told the
Appeals Court that Graham Robert Cleghorn's lawyers had asked that fresh
judges be appointed, and that he had agreed and tendered a letter of
resignation.
Leam
Suy, the mother of one teenage rape complainant, said the delays were
draining her family's resources and sowing confusion among the victims and
their supporters
Cleghorn's
lawyer, Nou Tepirith, said: "I haven't received any information
from the Appeal Court about the delay or about the date for the next hearing.
But CWCC lawyer Pol Sun said:
"Maybe the defence lawyers filed a complaint against the judges --
because they don't have confidence in them.
2007-0131
- Radio Australia - Appeal Postponed
2007-0131 -
xtramsn - Another Appeal Postponed For Rape Accused
2007-0131
- Asia-Pacific News - Cambodian appeal of New Zealander delayed again
January
15 2007; Lawyer claims Cleghorn facing human rights abuses.
Greg King
Graham Cleghorn's
lawyer, Greg King says he is facing serious human rights abuses. he has
voiced his concerns to Prime Minister Helen Clark if she will ask Dame Silvia
Cartwright, who is in Cambodia, to investigate. He says prisoners are being
beaten, shackled and locked in dark 'punishment rooms'.
2007-0115 - TV3
News - NZ prisoner in Cambodia says he faces human rights abuses
January
5 2007; Cleghorn facing deteriorating conditions
The lawyer for a
New Zealand man jailed in Cambodia on sex charges says his client is facing
deteriorating conditions in prison. His New Zealand-based lawyer, Greg King,
says there is not much Cleghorn can do since he is at the mercy of the
Cambodian justice system.
2007-0105 -
Radio NZ - Cleghorn facing deteriorating conditions
January
4 2007; Further Appeal delay
An appeal which
was to have been heard today was adjourned, because the Cambodian authorities
did not transfer Graham from prison to the court. Cleghorn's New Zealand-based
lawyer, Greg King, says it is another delay and they are at the mercy of the
Cambodian justice system. Legal
representative for Cleghorn, Nou Tepirith, said the prison had been informed
of the appeal date in adequate time and he did not understand why the
prisoner was not present
Cleghorn's Australian-based daughter, Heidi Madeley, said she was
shaking with anger after hearing her father's fourth attempt to have an
appeal had been hamstrung by an "incompetent" Cambodian legal
system. "They are obviously waiting or hoping my dad will die in there
A New Zealand diplomatic official was present at the
scheduled hearing yesterday. CJudge Saly Theara djourned the hearing until
January 31 citing lack of a defendant.
Graham Cleghorn, who remains in the capital's Prey
Sar prison, has claimed he was framed by powerful interests who want his
valuable land at the edge of the Angkor Wat temple complex and has further
claimed he is being denied his day in court to prevent him from presenting
evidence supporting those claims
Rudolf Knuchel, a Cambodian supporter of Graham, called the delay
"negligence on the part of the Cambodian Justice System"
2007-0104 -
Radio NZ - Appeal delay for New Zealander jailed in Cambodia
2007-0104
- Rudolph Knuchel - Graham Cleghorn Appeal Postponed!
2007-0104
- Playfuls - Cambodian Court Adjourns New Zealander's Rape Appeal
2007-0105 -
Newswire - Further Appeal Delay For Cleghorn
2007-0105
- Dominion Post - Anger as Cleghorn appeal delayed
2007-0105
- Manawatu Standard - Rape appeal cancelled
2007-0105
- Nelson Mail - Kiwi's delayed appeal angers supporters
2007-0105 -
Brunei Times - No relief for rape convict
January
2 2007; Appeal date set for 4th January
AN appeal hearing
date has been set for the 4th January
2007-0102
- Rudolph Knuchel - Graham Cleghorn Sixth Appeal Date set
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