The Supreme Court on Wednesday ordered the Appeal Court to retry the case of Mnom Ny, 53, who was sentenced to life imprisonment by a lower court for the killing of Dy Savy in 2011 at Chhlong district’s Prek Saman commune, Kratie province.
Ny had denied the charges saying he did not shoot Savy.
Supreme Court Judge Kong Srim on Wednesday read the verdict in the absence of Ny: “There is no clear evidence implicating Ny in the murder as the witness did not see Ny committing the murder.
“Despite this, the lower court considered the witness’ statement as sufficient evidence for Ny’s conviction. The Supreme Court has decided to transfer the case to the Appeal Court for a retrial.”
According to Supreme Court records, after the day of the incident, a witness saw Ny walking along the riverside and throwing a gun away.
Ny had previously disclosed that he once had a dispute with the victim but that the commune authorities had intervened and called both sides to amicably settle the matter.
Former commune chief Kea Bunnavy confirmed his statement, saying she was the one who reconciled the dispute between Ny and Savy. She said both sides had gotten along since the incident.
Ny’s wife Tam Romsey, 38, who was present in court on Thursday said: “The Supreme Court dispensed justice to my husband because he didn’t shoot the victim.”
She said the lower court’s verdict was unjust as it put his husband in prison for four years and caused their two children – a 12-year-old son and an 11-year-old daughter – to drop out of school due to lack of financial support from their father.
“I ask the Appeal Court to release my husband because the accusation against him is untrue,” she said.
Savy was found dead on the night of December 18, 2011. In 2016, the police arrested Ny and he was sentenced to life imprisonment by the provincial court on February 8, 2016.
In response, Ny appealed for reconsideration to the Appeal Court. On March 18, this year, the Appeal Court upheld the provincial court’s ruling.