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(Phnom Penh): Mr. Sem Bora, a journalist (TNM), has filed a complaint against Mr. Chao Kojeng, the “trainee” deputy prosecutor of Battambang province, to the Ministry of Justice and the Disciplinary Council of the Supreme Council of the Magistrates. He has also filed an appeal against the decision of Mr. Chao Kojeng..!!.
Claiming that the trainee deputy prosecutor used discretion in implementing the procedure, was irregular in the case and lacked transparency, causing the plaintiff to suffer injustice and serious losses that are unacceptable!!.
*This is according to the application for intervention dated February 23, 2026 and the complaint dated March 6, 2026.
Mr. Sem Bora claims that he filed a complaint dated March 19, 2025, suing Mr. Mel Sophal, the governor of Ek Phnom District, Battambang Province, for “defamation and slander” that occurred in Battambang Province on October 28, 2022.
Mr. Sem Bora said that after he appeared and submitted sufficient evidence,
Mr. Chao Kojeng, Deputy Prosecutor of Battambang Province, suddenly used his discretion by deciding to leave the case without proceeding on criminal case number 911, dated June 11, 2025, in which Mr. Sem Bora was the plaintiff.
Mr. Sem Bora claims that the decision to dismiss the case by Mr. Chao Kojeng at this time is irregular, contrary to the facts and evidence! It seriously affects his rights and interests.
While the evidence is sufficient to charge and accuse the perpetrator..!
But Mr. Chao Kojeng did not accuse the perpetrator and decided to dismiss the case!
*Regarding this matter, Mr. Sem Bora told “Dum Raing” that the first time on October 25, 2022, his TNM newspaper published a report at the request of citizens regarding the land dispute in Ek Phnom district..!.
Before publishing, TNM interviewed relevant officials to get answers from both sides in accordance with the law on the press regime..!.
But Mr. Mel Sophal, the governor of Ek Phnom district, seemed unhappy and quietly filed a lawsuit against him in Battambang Provincial Court for incitement and defamation.
According to Mr. Sem Bora, the case that Mr. Mel Sophal filed against him at that time was unknown to him and he never received a summons to appear for questioning..!!
On the contrary, he was surprised when he received Criminal Judgment No. 94 (C) dated January 11, 2024 from the Battambang Provincial Court.
Which decided to punish him with a fine of 4,000,000 (four million riels) to be deposited into the state budget for the crime of public defamation committed on the social network Facebook on October 25, 2022, according to the provisions of Article 305 of the Criminal Code.!
After being unjustly convicted, on March 18, 2024, Mr. Sem Bora appealed the above decision, requesting a new decision..!
Meanwhile, the Battambang Provincial Court issued Judgment No. 618 (C) dated May 9, 2024, upholding Criminal Judgment No. 94 (C) dated January 11, 2024, as effective!!
Faced with this unfortunate turn of events, on June 4, 2024, Mr. Sem Bora filed a further appeal to the Battambang Court of Appeals.!!
In this regard, the Criminal Chamber of the Battambang Court of Appeal has taken up this case for trial!
The Battambang Court of Appeal decided to accept the appeal filed by Mr. Sem Bora on June 4, 2024 as valid in form and law and rejected the judgment of the appeal No. 618 (C) dated May 9, 2024 of the Battambang Provincial Court as “dismissed as unfounded” and decided to acquit Mr. Sem Bora of the charge of (public defamation).
Until the Battambang Court of Appeals’ decision became final on March 28, 2025, Mr. Sem Bora sued Mr. Mel Sophal Bk for defamation and defamation under Article 311 of the Criminal Code. Mr. Chao Kojeng, the “Trainee” Deputy Prosecutor of Battambang Province, decided to leave the case without proceeding on Criminal Case No. 911 dated June 11, 2025, and Mr. Sem Bora also appealed against this decision..!!
*In response, Mr. Pan Chansuyutheara, spokesman for the Battambang Provincial Court’s prosecution, told “Dum Raing” on the afternoon of April 20, 2026 that the basis and reference for the decision to dismiss the case is in the ruling..!
Mr. Pan Chansuyutheara said that if the plaintiff is dissatisfied with this decision, he can appeal to the Court of Appeal according to the procedure…!
*A lawyer claimed to “Dum Raing” that the case in which Mr. Sem Bora sued Mr. Mel Sophal for defamation and slander is correct according to the legal procedure!!
Because Mr. Mel Sophal sued Mr. Sem Bora for a criminal offense. And the Battambang Court of Appeal decided to drop the charges against Mr. Sem Bora and acquit Mr. Sem Bora of the charges.
So it is equivalent to Mr. Mel Sophal suing someone without a crime, suing for defamation against Mr. Sem Bora, and Mr. Sem Bora suing Mr. Mel Sophal for defamation and slander under Articles 311 and 312 of the Criminal Code, which is according to the law.
The lawyer further claims that the decision to dismiss criminal case number 911 dated June 11, 2025 is incorrect…!!
In this regard, Mr. Sem Bora can appeal to the Battambang Court of Appeals. If there is still no action, he can appeal to the Ministry of Justice for an order.
