Cambodian Court Sentences Australian Filmmaker to 6 Years for Spying

Human rights advocates say Ricketson is a 'scapegoat' and family is 'terrified for him'

An Australian filmmaker has been found guilty of espionage by a court in Cambodia and sentenced to six years in jail.

Human rights advocates have condemned the sentencing of 69-year-old James Ricketson, who was arrested 15 months ago for flying a drone without a permit over a political rally organized by the now-banned opposition Cambodian National Rescue Party (CNRP).

A bench of three judges handed down the verdict on Friday, Aug. 31, in a Phnom Penh courtroom, as Ricketson sat dressed in a pink prison uniform and holding a copy of the thriller book “The Faithful Spy” by Alex Berenson.

Australian filmmaker James Ricketson shouts inside a prison truck as he leaves the Municipal Court of Phnom Penh, Cambodia, Aug. 31, 2018. (Reuters/Samrang Pring)

“The Phnom Penh Municipal Court has decided to convict James Ricketson and sentences him to six years in prison for espionage and collecting information that is harmful to the nation between December 2010 and June 2017,” Judge Seng Leang said.

Ricketson has always maintained his innocence and yelled through a prison van window “Which country am I spying for?” as he was whisked away to serve his sentence.

The Australian has already spent 15 months in Phnom Penh jail since his arrest.

Ricketson speaks to journalists as he arrives at the Municipal Court of Phnom Penh, Cambodia, Aug. 20, 2018. (Samrang Pring/Reuters)

Accused of Inciting Hatred

During Ricketson’s trial, prosecutor Seang Sok said Ricketson had entered Cambodia to incite hatred.

Sok also accused the defendant of scheming to overthrow Cambodia’s long-serving Prime Minister Hun Sen and his government and to provide information to foreign states that was harmful to the country.

He alleged that Ricketson had used his filmmaking as a cover since 1995 for espionage activities.

Ricketson’s arrest came amid a wider crackdown on freedom of expression by Hun Sen’s government and his Cambodian People’s Party (CPP).

The CPP last month claimed victory following a controversial general election which was largely unopposed.

Rights groups said the July 29 vote was neither free nor fair given the absence of a significant challenger to Hun Sen, who has ruled for 33 years.

Ricketson shouts inside a prison truck as he leaves the court in Phnom Penh, Cambodia, Aug. 31, 2018. (Samrang Pring/Reuters)

‘A Truly Brutal Experience’

Ricketson’s family expressed despair at the outcome after the ruling was handed down.

“James is almost 70 and is not in good health, our family is very scared about what will happen to him in there if things take a turn for the worst,” Ricketson’s family said in a statement following the verdict, referring to Phnom Penh’s Prey Sar prison where Ricketson has been remanded.

“James is not a spy. James loves Cambodia and the Cambodian people. He is a filmmaker and a humanitarian,” the family said.

“The toll of this result, for James, and our whole family and friends is immense,” the family said, SBS News reported. It has, and continues to be a truly brutal experience.”

Ricketson’s son, Jesse Ricketson, said the court’s decision was an “absolute tragedy.”

“It’s very difficult to imagine what the future holds now for my dad. I’m absolutely terrified for him,” he added.

‘Judges Carrying Out Political Orders’

Human rights advocates criticized the verdict, saying Ricketson’s trial had exposed “everything that’s wrong” with the Cambodian judicial system.

“When it comes to a conviction in a Cambodian court, clearly no facts are required. From day one, James Ricketson has been a scapegoat in Hun Sen’s false narrative of a so-called color revolution used as an excuse to crack down on the political opposition and civil society critics,” said Phil Robertson, Human Rights Watch’s deputy Asia director.

“This trial exposed everything that’s wrong with the Cambodian judicial system: ridiculously excessive charges, prosecutors with little or no evidence, and judges carrying out political orders from the government rather than ruling based on what happens in court,” Robertson said in a statement.

Robertson was also critical of the Australian government, accusing them of failing to publicly challenge the “ludicrous charade” that surrounded the case.

“This is more proof that Australia’s softly, quietly approach toward Southeast Asian dictators is not just morally bankrupt—it’s also totally ineffective,” said Robertson.

“We are really looking for a lot more support moving forward from the new Australian government,” Ricketson’s nephew, Bim Ricketson, told reporters in Sydney.

Australia’s Prime Minister Scott Morrison said that Ricketson can expect further consular assistance and that the government had previously approached Cambodia directly about the case.

“As usual with these types of events, it’s best I think to deal with these things calmly, directly and in a way that best assists the citizen,” Morrison told reporters in Jakarta.