Monday, March 3, 2014

# 25 Letter to Ms Alison Burrow, Ambassador to Cambodia, dated 3rd. Feb, 2014


Ms Alison Burrow
Ambassador to Cambodia
Australian Embassy
16B, National Assembly Street
Sangkat Tonle Bassac
Lhan Chamkamon,
Phnom Penh, Cambodia                                                                                

3rd Feb 2014

Dear Ambassador

In the event that I am arrested later this week, I am placing the following on record:

On 28th Feb a policeman arrived at my hotel to present me with a document prepared by the Phnom Penh court. He asked me to sign it with my thumb print. Given that I do not read Khmer I declined. When I had the document translated I found that it made little sense to me and, again, I declined to place my thumb print on it.

The following text (English translation) suggested that I was being accused of  being, in some way, involved in ‘prostitution’:

…accused Mr. Jame Ricketson, male, aged 64, Australian, of prostitution (the act frustrating the protection, assistance, or correction by the organization) committed in Phnom Penh in 2010 according to article 25 and 26 of the law on suppression against human trafficking and sexual exploitation. order Mr. Jame Ricketson, male, aged 64…to appear at Phnom Penh Municipal court at questioning room “M” 3rd floor on 07 March 2014 Time at 2:30 PM In order to question the case of prostitution (the act frustrating the protection, assistance, or correction by the organization). The above person shall bring all documents concerning with the case, if any. In case the above name fails to appear on the schedule, we will issue the arrest warrant

A few days later a journalist spoke with the court and was informed that no, I was not being accused of being a prostitute,  or involved in prostitution, but with posting pornography on my blog. I wrote the attached letter to Pastor Leigh Ramsey of the Brisbane-based Citipointe church seeking evidence from her that I had posted pornography on my blog.

By this morning, 3rd March, the accusation had changed to my ‘hindering’ an unnamed organization in its attempts to help prostitutes.

It is clearly Citipointe church that has brought one of the three above-mentioned charges against me or, perhaps, all three. I don’t know and, despite my asking, in a letter, the court has not informed me. I have attached a copy, in Khmer, of the letter I wrote to the court – in both Khmer and English.

If I were to attend an interview with the police and they refused to tell me who had brought the charges against me, the exercise of being ‘interviewed’ would be a futile one. In the absence of the name of my accuser, how could the evidence that my accuser has presented to the police of my ‘hindering’ be presented to me to respond to? In the absence of evidence, what would there be to discuss?

If  the interview was to be conducted in the absence of evidence and without me being officially told that the accusations came from Citipointe, I would walk out. The police could then interpret this as my ‘hindering’ their investigation!

But let’s just say I was prepared to sit through an ‘evidence free’ interview, without knowing, officially, who has laid the charges? Given that I do not know if I am being charged with one or all three of the above charges, how can I possibly know what documents to bring along to prove my innocence?

In a proper court of law it is up to a prosecutor to present evidence of the guilt of the accused. It is not up to the accused to provide proof of his or her innocence? Cambodia seems to be an exception to this basic legal principle!

And if I turn up for this ‘interview’ without documents, will this also be viewed as evidence that I am ‘hindering’ the investigation?

In the event that I am being charged with ‘hindering’ (presuming that there is such a crime!) I could easily prove my innocence  by providing copies of all my correspondence with Citipointe this past five years – during which time I have been acting as an advocate for the parents of two girls illegally removed from their family by the church in 2008. These amount more than 150. Should I present all 150 of them to the police in English or in Khmer? To have around 150 letters translated into Khmer would be beyond my financial capacity to accomplish. And if it turns out that it is, after all, the posting of pornography I am being accused of, the expense of having the documents translated will have been wasted.

If, indeed, it is ‘hindering’ I am being accused of and not being a prostitute or posting porn, the question then arises:

How did Geoff Armstrong, Executive Director of the Global Development Group, know on 24th Feb, two days before the document was prepared by the court, on 26th Feb, that I was to be charged with ‘hindering’?

In the absence of any clarity about who has brought these non-specific charges against me and what the nature of the charges is, I will not attend an interview with the police. If this results in my arrest, so be it. This is far preferable to attending an ‘interview’ under the circumstances outlined above. If nothing else my arrest for ‘hindering’ an unnamed NGO  will highlight how laughably incompetent the Cambodian judiciary is and raise some questions in the media about both Citipointe and the Global Develop Group’s funding of the church. Perhaps, with me in jail, it will occur to those who should have been asking Citipointe questions this past five years, to start asking questions. The first of which should be:

On what legal basis did the church remove Rosa and Chita from their family in 2008? To be more specific, on 11th August 2008, when Rebecca Brewer told Rosa and Chita’s parents that their daughters would stay with the church’s ‘SHE Rescue Home’ until they were 18, on what legal basis did it do so?

This is a question that you, as Australia’s Ambassador, could also ask of Citipointe – an Australian church that runs the ‘SHE Rescue Home’.

best wishes

James Ricketson

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