Drug convict pleading for sentence reduction

One of two men convicted in a drug case insisted that the Supreme Court on Wednesday reduce his sentence. The lower court had sentenced each of the two to 13 years in prison in connection with trafficking in 198g of methamphetamine.

Nguon Boramy, 37, also known as Monh, told the judge that he had another companion Sith Sethyary, 27. Boramy said he accepted the charge against him but was not satisfied with the harsh sentence, causing him to file his appeal.

The accused Sith Sethyary was not present in court.

Boramy said: “From the lower court to the Appeal Court, I confessed that I really trafficked in drugs and I ask the court to reduce my sentence.”

Court records showed that on July 1, 2016, with the help of the Phnom Penh Municipal Court, police from the Anti-drug Department raided a location near Neakvoan Pagoda in Tuol Kork district’s Boeung Kak II commune in Phnom Penh and arrested the two men. They also seized the methamphetamine as court exhibits.

In police records, Boramy said: “A man named Pov telephoned me to take drugs for him. Upon arriving at the pagoda, the police arrested me.”

In particular, according to court records, Sethyary said on July 1, 2016, that a man named Monh telephoned to tell him that a customer had wanted to buy 2g of methamphetamine. He told Monh to accept the order and take the drugs to Preah Trasak Paem Street in Phnom Penh where he was arrested.

The Phnom Penh Municipal Court handed down a verdict on January 6, 2017, and sentenced each to 15 years in prison for trafficking drugs under Article 40 of the Law on Drug Control.

But they didn’t come to terms with the ruling and filed the appeal. The Appeal Court handed down a verdict on July 10, 2018, and reduced their sentence from 15 to 13 years.

Boramy and Sethyary’s defence lawyer Yung Phanit concluded that though his clients admitted their mistakes, the Phnom Penh municipal court sentenced them incorrectly. Under paragraph 2 of Article 40, 198g drugs should have gotten them sentences of between five and 10 years. The lower court’s ruling didn’t fit the amount of drugs involved.

“As a lawyer, I would like the court to consider reducing the sentences of my two clients,” Phanit said.

Prosecutor Ouk Kimsith concluded that the facts showed that Boramy confessed his mistake at every juncture to the judicial police and the investigative judge.

“Please the trial council, consider the case in light of justice. The Appeal Court only reduced their sentences from 15 to 13 years,” Phanit said.

Following the hearing, Judge Kim Sathavy said a verdict will be announced on April 8.