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A Cambodian court has upheld a life sentence for a former Khmer Rouge commander for the killing of three Western backpackers in 1994.
Briton Mark Slater, 28, Australian David Wilson, 29, and Frenchman Jean-Michel Braquet, 27, were abducted from a train after it was ambushed while travelling between Phnom Penh and the southern port city of Sihanoukville in 1994. The tourists were killed about three months later, after government negotiations for their release failed - following ransom demands.
Thirteen Cambodians were also killed and many others were injured in the train attack at Phnom Voar, a former Khmer Rouge stronghold about 60 miles southwest of the capital.
Three Appeals Court judges today backed a 2002 lower court decision that Sam Bith, a 72-year-old former Khmer Rouge commander, was guilty of masterminding the abduction and murder of the Westerners.
"During the incident Sam Bith was ordering (the attacks) directly," said Saly Theara, one of three judges hearing the appeal. "The lower court’s decision is correct."
The judges also ordered Sam Bith to pay 80 million riel (£11,097) in compensation to M. Braquet’s father.
The murders triggered an international outcry and opened a long and emotional legal wrangle that has forced the victims’ parents to travel several times to Cambodia for court hearings.
George Cooper, a representative for Mr Slater’s family, welcomed the verdict. "This is what we were looking for," he said, adding that compensation was of little interest to the British family.
Nou Chantha, Sam Bith’s lawyer, said he would appeal against the decision as his client was unable to attend court. He said Sam Bith had high blood pressure and diabetes, making him unable to speak or leave his hospital bed.
"I will ask the court to reopen its hearing of the case because they opened the trial without my client’s presence at the court," he said.
In December 2002, the Municipal Court found Sam Bith guilty of conspiring to kill the three tourists and sentenced him to life imprisonment. He appealed the decision, and the Appeals Court began hearings in the case last week.
Sam Bith said he was hospitalised in Thailand at the time of the kidnappings, and that Khmer Rouge supremo Pol Pot had removed him from his position. But Judge Saly Theara on Tuesday said there was no evidence to support the suggestion.
The judge said the former Khmer Rouge commander bore "sufficient guilt" under charges of conspiracy to commit premeditated murder, illegally detaining people, terrorism and membership in an illegal armed group - the now-defunct Khmer Rouge guerrilla movement.
Nuon Paet, another former Khmer Rouge official, is serving a life sentence for involvement in the murders.
In February, the Supreme Court also sentenced Chhouk Rin, a former Khmer Rouge field commander, to life imprisonment for his role in the train attack and murder of the backpackers. But Chhouk Rin remains in hiding.
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