Disqualify KRouge trial judge

Mr Karnavas said Mr Lemonde (left) was 'giving instructions to his investigators to game the process. In other words, to look primarily for evidence that supports the prosecution'. --PHOTO: REUTERS

Oct 9, 2009

PHNOM PENH - THE lawyer for a former Khmer Rouge leader on Friday filed a demand that the French investigating judge be disqualified from Cambodia's UN-backed war crimes court for alleged bias.

Michael Karnavas, attorney for ex-Khmer Rouge foreign minister Ieng Sary, said the motion was based on allegations that Marcel Lemonde told subordinates to favour evidence showing suspects' guilt over evidence of their innocence.

The tribunal was set up to bring to justice the leaders of the genocidal late 1970s Khmer Rouge regime. Mr Karnavas said Mr Lemonde was 'giving instructions to his investigators to game the process. In other words, to look primarily for evidence that supports the prosecution'.

The lawyer said he submitted his complaint based on a statement made by the former head of Mr Lemonde's intelligence and analysis team, Wayne Bastin, at an Australian police station on Thursday.

A copy of the statement obtained by AFP said Lemonde shocked subordinates in a meeting at his Phnom Penh home in August when he told them, 'I would prefer that we find more inculpatory evidence than exculpatory evidence'.

Under the Khmer Rouge court's regulations, investigating judges are required to be impartial while researching allegations made by prosecutors. Defence teams are not permitted to make their own investigations. 'How is it that (Lemonde) can remain in the position in light of what we know now?' Mr Karnavas said, adding that such behaviour was 'outrageous'. -- AFP

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