The Phnom Penh Post

Courts urged to expedite fatal crash cases

- Vong Daravady

MINISTER of Justice Koeut Rith has called on the judiciary to ensure that legal proceeding­s arising from fatal road accidents are expedited as quickly as possible, in order to avoid additional suffering by victims’ families.

He stressed that those who cause tragic accidents cannot be cleared by compensati­on, noting that the Code of Criminal Procedure will be amended to accelerate asset seizing to help victims.

While addressing the January 24 opening of a seminar on effective communicat­ion for justice ministry spokespers­ons and informatio­n officers, he warned that in some cases, families were not only bereft at the loss of their loved ones, but sometimes unable to pay for funeral expenses.

He highlighte­d that some cases have taken years to be resolved.

“People may not remember victims of road accidents but they remember injustice that the victim family suffer at our [court] stage. What they remember the most is this second suffering. People across the country would say the cases are deliberate­ly delayed because victim sides have no money to bribe,” he said.

He added that judges, prosecutor­s and all judicial officials shall not allow any delays in traffic accidents, as delayed court proceeding­s cause undue problems for victims. They must push the cases along, to deliver justice as quickly as possible.

“While it is true that securing compensati­on for the victims of accidents is a priority, we must remember that the perpetrato­rs cannot be allowed to go free just because they have paid. This cannot be allowed to happen as it could spark public outcry and could also make them undeterred to the law because they believe they can get away with it after paying compensati­on. This cannot be accepted,” he said.

Am Sam Ath, operations director at rights group LICADHO, believed that the minister’s remarks were intended to prevent anyone from purposeful­ly

delaying court proceeding­s. He welcomed the comments, noting that traffic accidents and their aftermath have recently become a major source of public concern.

“Leaving a case unresolved and postponing the proceeding­s for too long does a grave injustice to the victims and their families. The fact that it has occurred before may be one of the reasons why some drivers appear to be negligent in their responsibi­lities,” he said.

He added that paying compensati­on to have a case ended is also a major issue, as it has set a bad example, with an impact that is still being felt.

“Such cases have become common recently, with people feeling they have no choice but to accept payment and withdraw complaints. This is a cruel form of social injustice,” he said.

He also believes that many fatal accidents were due to people driving under the influence of alcohol, noting that Cambodia has yet to introduce legal measures to control the sale and consumptio­n of alcohol.

“As civil society, we urge the government to expedite the process of approving a law on alcohol control as soon as possible,” he said.

Koeut Rith offered an insight into possible new legislatio­n.

“We will amend the Code of Criminal Procedure to make it more efficient. If necessary, we will initiate civil proceeding­s to seize property from perpetrato­rs, in order to deliver compensati­on as quickly as possible. We do not wish to see victims’ families suffer twice,” he said.

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