The Phnom Penh Municipal Court has responded to widespread criticism of the sentence handed to a former policeman who caused a fatal traffic accident in Phnom Penh last May.
On October 14, the court announced that Hun Heng, 61, was sentenced to three years in prison and fined four million riel (approximately $1,000), with two years suspended. The May 15 crash, which occurred in front of the Ministry of Culture and Fine Arts on Preah Norodom Boulevard, left one dead and several injured.
Following social media claims that the sentence was “lenient”, the court issued an October 15 clarification, explaining that the judge had adhered to applicable sentencing guidelines.
It stated that Heng was charged with “driving in a way that caused a traffic accident resulting in death and injuries to others” — an offense punishable by one to three years under the law.
The judge took several factors into consideration, including the fact that the accused is elderly and suffers from diabetes and hypertension, noting that the victims had withdrawn their complaints after a civil compensation settlement was reached.
According to police reports, the driver had a blood alcohol content of 0.35 mg/L, below the legal prohibition level of 0.40 mg/L.
“The court sentenced him to three years — the maximum punishment — but ordered that only one year be served in prison. The remaining two years are suspended, with conditions. He was also fined 4 million riel and given the additional penalty of a five-year driving ban. The decision to suspend part of the sentence was made in accordance with legal conditions and regulations,” the court said.
The statement explained that the court considered the act committed, the degree of responsibility of the accused under the law, the responsibility toward the victims and civil plaintiffs, as well as the accused’s age, medical conditions, and his remorse and acknowledgment of wrongdoing.
After extensive public debate on social media about the case, General Chuon Narin, Deputy National Police Chief and Phnom Penh Municipal Police Chief, clarified that no offender would be granted impunity.
“The law does not distinguish between classes; it is applied equally… At this time, Hun Heng has been processed for court. He is also subject to disciplinary action by the National Police of Cambodia, including removal from the police framework,” Narin stated on May 17, two days after the accident.
