A lawyer for the victims of a traffic accident, in which a car with an allegedly intoxicated driver struck a motorcycle causing serious injury to two adults and the death of a two-month old infant, filed a complaint with the court seeking damages and criminal prosecution.

The traffic accident occurred on the Chroy Changvar Bridge in the early hours of December 5 when a young man driving a Lexus at high speeds while allegedly under the influence of alcohol hit the motorcycle from behind.

The accident seriously injured the three victims, who were all admitted to intensive care units at different hospitals. The two-month old infant subsequently succumbed to injuries and was taken to Tuol Sangkae Pagoda in Phnom Penh for funeral services.

A lawyer from the Samdech Techo Sen Legal Aid Team who wished to remain anonymous told The Post on December 12 that the case was now in the hands of the prosecutor who intended to file criminal charges.

The lawyer added that a complaint had been filed with the court demanding damages and requesting that the court prosecute the driver.

“I could not confirm whether the driver is detained or not. But as a lawyer, if a client takes a stance seeking damages, we can will still represent them because we are the lawyer for the plaintiff in civil actions, but the court was yet to summon the victim to clarify the details of the case, so we await court action,” the lawyer said.

Municipal court spokesman Plang Sophal said on December 12 that the case was referred to prosecutor who was still investigating the case so he could not confirm what the charges against the driver would be.

The driver has reportedly been released on bail and news of his release has drawn a negative reaction from social media users who said that it was unjust.

The complaint seeking damages came after the relatives of the driver reportedly provided $2,500 in compensation to one victim – the mother of the infant – to try to resolve the case. The victim then announced their refusal of the compensation, saying she had thought that the thumbprint document she was given was the complaint.

The Phnom Penh municipal police issued a December 8 statement claiming that all of the parties involved had agreed to end the case with $2,500 in civil damages, under no coercion, on December 5 at the traffic road police bureau, something both the victims and their attorneys deny.

The police statement also noted that despite payment of damages, the driver was still subject to criminal prosecution after investigators concluded that the cause of the accident was the driver’s speeding and carelessness while driving with a blood-alcohol rate of 0.53 mg/L.

Minister of Justice Koeut Rith also recently warned that traffic offences which caused victims serious injury or death would result in the offenders being held accountable before the law, and that law enforcement officials must enforce the law without exceptions against the offenders and bring them to justice.