All language subtitles for Brother.Number.One.2011.720p.AMZN.WEB-DL.DDP2.0.H.264-WELP

On the afternoon
of the thirteenth,

we thought we could
hear a boat engine

at intervals throughout
the afternoon.

But we couldn't be sure.

Suddenly a boat
came in closer.

I was about to go up on deck
when the boat opened fire,

and sent some shots
over our mast.

I am deeply honoured and
moved to be here today,

given the opportunity
to speak.

I realise that this
is a privilege

made available to a few,

especially compared to
the numbers of families

that suffered under the
Khmer Rouge regime.

I arrived in
Cambodia last week.

Last Thursday 13th of
August was, coincidentally,

31 years to the day

that my brother, Kerry Hamill,

first set foot on
Cambodian soil.

This is the story
of an innocent man,

brought to his knees and killed
in the prime of his life,

and the impact his death
had on just one family.

I was fourteen when
Kerry went missing,

and sixteen when we found
out the terrible news.

How can you say no?
Hello Ivan!

My brother, Kerry, was sailing
this beautiful little

double-ended sloop

with his mate, Stuart.
Uh... Stuart Glass.

They had actually
picked up a charter -

a guy named John
Dewhirst, an Englishman.

Together, they sailed up
the coast of Malaysia

on their way to
Bangkok, and we believe

they got blown off
course by a storm...

ended up in Cambodian waters.

They were attacked by a
Khmer Rouge naval gunboat.

And at that time Stuart
was shot and killed,

and my brother and John
Dewhirst were taken prisoner

and were later executed.

Brutally.

Kerry was the eldest
of five children,

and I was the youngest.

We grew up in the coastal town
of Whakatane, New Zealand.

We were a very loving
family, and we

spent loads of time
together outdoors.

And it was an idyllic
childhood, really.

Spent time running
around in the hills,

on the beach surfing,
or out at sea.

And as the first born, I think

Kerry was very, very
special to my parents...

Arguably their
favourite child.

After Kerry's death, my
saviour was my hyperactivity.

You know, I was permanently
physically active -

and in sport, my
passion was rowing.

I was very focused
and ended up

winning medals on
the world stage.

I competed at the Olympic
Games, and went on to...

win the first ever rowing race
across the Atlantic Ocean.

"It was billed as the
longest rowing race..."

"Rob Hamill, organiser
of the campaign

and an Olympic
silver medallist..."

"They expected just a
few days of headwinds,

but continued for weeks..."

When I was mid-Atlantic,

it actually brought
out all sorts of...

emotions that I hadn't
really experienced

since Kerry had
first gone missing.

I often thought of him out
on the briny, you know...

The old sea salt.

And um... But that...

with the physical
exhaustion,

and combined with this
intensely prison-like boat...

And it was like a
coffin really.

You know, all that
time grieving at sea

became a catalyst really.
A turning point.

The beginning of a
journey, I suppose,

to honour my brother's
memory and to...

try and discover the truth.

I then heard that there
was going to be a trial.

Tuol Sleng, S-21,
the most notorious

prison of the Khmer
Rouge regime.

It's proving a valuable
source of documents

for the upcoming war crimes
tribunal in Cambodia.

They include so-called
'confessions'

extracted under torture,

and the photographs of the
estimated 15,000 victims.

Two million Cambodians
died during the regime -

of starvation, overwork
and execution.

The boss of Tuol
Sleng, Comrade Duch,

will be the first
to go on trial.

He converted to
Christianity in 1995,

and was discovered
near the Thai border

working for 'World Vision'.

Comrade Duch is the man most
responsible for Kerry's death.

He's going to be the
first to go on trial,

and I've been invited to give

what is called a
'victim statement'

at the War Crimes Tribunal.

In fact, I think I'm going to be
the only Westerner to testify.

I decided to it the moment
I heard I could do it.

Absolutely. Straight into it.
Got to be done.

Having said that, it
didn't really dawn on me

what I was prepared
to do, really...

Recalling all the pain that
the family went through,

and the sadness, and grief,
and sense of loss...

I can't help but
extrapolate out from that

the Cambodian
people, you know?

You just cannot get
your head around it.

It's always been there -
you've always wanted to do

something like
this haven't you?

Certainly to visit
Cambodia and...

retrace Kerry's footsteps.

Maybe this is on a
bigger scale than

Rob had originally
planned to do.

You know I kind of...
is it actually...

Is it actually
making a difference?

I don't know. Is it really...

...well, maybe its
not going to make a

big difference to
the whole world...

but it's going to make a
difference to your family -

well, hopefully - certainly.

And, like you say,
not passing it on -

the trauma - down
the line because

you are talking about it,

you do get emotional, you
can say it was wrong.

And, to be able to stand up
in court and also say that.

Nobody has been
brought to justice.

For 30 years, it's
just been like,

'Oh that happened, let's forget
about it, move on everyone.'

And how can they move on?

They're all feeling
like you do.

Yeah, I think the
point is, though,

is it going to
make a difference?

Yeah, I think it is.

Look, on a personal
basis, I could argue not.

Because all it's doing is
dragging up all the old crap...

all those bad memories,
all that hurt and pain.

And... go to the
court, see this guy,

say you're a... this
is what I think of you

and this is what I think of
your bosses... and go home.

If you take that way
then it's not gonna help...

I don't know if
that's gonna be...

But that's not gonna help...

I know, I'm just hypothesising,
Rach, just let me...

"I think it was very wrong
what the Khmer Rouge did

to all the other
people that came

to where they
were in Cambodia.

It was very wrong what they did.
The end.

P.S. I wish I had met
my dad's brother Kerry.

It is very sad that
he got killed,

and I like your photograph
on my dad's computer."

The more I hear about some
of the things that happened,

and the more understanding
of what took place there...

and I want to forgive, but the
harder it will be to forgive.

Yeah... Sometimes I feel a
real hatred towards him.

I have no idea how I'll
feel when I get there.

I really want to see
what Cambodia is like,

but I don't know who
I'm going to meet.

I guess people who might
have suffered like Kerry...

but perhaps also those who
inflicted so much pain.

You know, it's 31 years to the
day that my brother landed here.

To the day.

And the first thing they
did was take my photo.

That's the first thing they
did to Kerry, you know?

Took his photo.

It's not a good sign.

Certainly, I wasn't
expecting to go to

the courthouse in the
first 20 minutes,

but I was in email contact
from Singapore with my lawyer,

and he called a meeting to
discuss my victim statement.

He also wants me to
feel comfortable with

the atmosphere inside
the courtroom itself.

In the Franco-Germanic system,
there is another element

that is inserted into
the trial process:

that is the voice
of the victim.

Victims can appear
in their own right.

These groups are
called civil parties.

And the civil parties are not
restricted to survivors.

In other words it's
not only those that

have been kept in
S-21 and survived,

but those that have
lost loved ones.

I was surprised that I actually
was going into the court

and it was very quick,
and the next thing...

I didn't realise it... I
walked in and here he is...

right before my eyes

the man who killed
my brother: Duch.

The judges came in, and we all
stood, and you know what?

I looked across the room
and he was looking at me.

And I held his eye. I held
his eye... for a long time.

It must have been at least
ten, maybe fifteen seconds.

And we just stared
at each other,

and he finally looked away.

He looked away.

And uh... I dunno, is that some
small victory? It's pathetic.

Duch was a Chinese-Cambodian, ethnically.

He was a great student;

he ranked number two on
the national math exam,

and then studied at the

Institute of Pedagogy
under Son Sen

who would become minister of
defence for the Khmer Rouge.

And it was at that time
that he was radicalised

and became a member of
the Communist Party.

Duch ends up in
charge of a prison,

which is where he
begins his training

as an interrogator
and a torturer...

and then ends up heading
Tuol Sleng (S-21)

which is the mother of all
torture centres in Cambodia.

As soon as you entered Tuol
Sleng your fate was sealed.

You'd be immediately
photographed,

put in a cell, tortured...

and then told to write a series
of ever-wilder confessions,

proving that you were an
enemy of the Pol Pot regime.

Duch's job was not to
find guilt or innocence

through a process
of confession.

Confession was just another

check-mark that he
needed completed

as part of a process by which
somebody would end up dead.

It's a very apt symbol
of the regime because

here is this complex
of two good schools

you know where
children were taught -

and it was empty,
like all schools.

Education was over; children
no longer had childhood.

He was a teacher.

And he was turned
into a torturer.

I mean that's, again,
the apt symbol.

That they would put
a teacher in charge

of a torture and
execution centre.

The most hurtful
thing, I think,

of all of this, apart
from the loss...

is the thought of what they did
to my brother. It's terrible.

It's incredible.

God.

You know, this could be Kerry.

This could very... he
looks Western to me.

That looks like
a Western face.

There's mathematical precision
here, from a maths teacher.

This is all
meticulous planning.

There's nothing random. There's
nothing random about this place.

Is he?

So he worked-they
worked at this prison?

He would be 15, 16 years old?

Really young.

I'm not, you know, I'm not
connecting this with Kerry.

You know. It's best not to.

I dunno, I dunno.

I'm hoping there was some
special treatment given,

that they didn't need
to do any of this.

Could be your best
mate's kid, or

could be one of my
kids, you know?

Now here's a photo of Duch
that I haven't seen before.

The Documentation
Centre of Cambodia,

or DC-Cam as it's known,

is the hub of research
for the trials.

It's unearthed more
than 600,000 documents

that are being used in
Duch's trial alone.

All roads seem to lead to
DC-Cam's director, Youk Chhang,

who's been called 'The
Conscience of Cambodia'.

Wow, look at this place! This
is an indication of a busy man!

Wow...

Have a seat.

Thank you, thank
you very much.

I don't want to
impose, you feel...

and I understand the incredible
privilege it is to be here.

You know, I'm very fortunate,

because there's so
many millions that...

won't get that opportunity.

He's pleading for forgiveness.

That's the struggle,
because...

on one hand, he was
taking orders.

Just like the guards that
he was giving the orders.

On the other hand, he was a
brutal, clinical butcher.

Destined to go to jail?

Oh, ok.

So if I were to
ask one question,

that you would like
me to ask in court...

what would that be?

Yes...

"Rob?"

- Yes.
- Hi, I'm Terith.

Oh Terith, hello!
Nice to meet you.

Nice to meet you by now!

Look, thank you. You know, I...
From my memory it was you who...

informed me about the
civil parties...?

Yes, together with
Sarah Connors...

That's right, and Sarah as well!
That's right, Sarah and you.

If it wasn't for you two,

I wouldn't be going through
this process right now.

I didn't know about
it, and had about

5 days to finish the
application, right?

- That's right, yeah.
- It was really tight.

Thank you very much
for letting me know.

You're welcome.

When are you going to testify?

Either tomorrow afternoon,
or Tuesday morning...

Probably Tuesday morning,
possibly tomorrow afternoon.

I've been writing
lots of stuff to say.

We've got to nail it down
now, big day tomorrow.

- Nice to see you.
- Good to see you.

You're going to be
amazed by the cars,

and the traffic, and
it's fantastic.

I could see this
family go past...

Yeah, it's amazing.

To be fair to Duch,
he is the only one

of the five Khmer
Rouge leaders charged

who's taken some
responsibility.

Well not responsibility,
as such,

but he's admitting he's
committed certain crimes.

He's expressing remorse
and pleading guilty

in a legal sense, at least.

The problem is, Duch's still
claiming to be a victim,

that he was forced to follow
the orders of Pol Pot.

How can you forgive
someone who doesn't fully

accept responsibility
for what he did?

He's tried continuously,
as a defence strategy,

to say, 'there's duress...'

'I didn't want to do what I did,
but I didn't have a choice...'

But over the course of
4 years or so,

there was ample opportunity
to make a good getaway.

To try and flee.

At least while you're doing
something one finds repugnant.

Like causing agony to
fellow human beings.

He didn't do that. He
thrived in the regime

that was the Khmer Rouge

in Democratic Kampuchea.
He loved it.

It gave him a sense of
purpose and identity.

Karim Khan heads the
legal team working

with me and some of the
other civil parties.

I'm going to visit his
fellow lawyer, Alain Werner,

who's helping me write
my victim's statement.

Alain and Karim have
been really supportive

and have long histories fighting
these kinds of legal battles,

working in countries devastated
by genocide and war.

You need to be in
charge, not him.

You are the one who
needs to be in charge in court.

And you... Now is the time for
the civil parties to come,

and for their grief
and suffering

to take the central stage.

I think it's important for
you to hear some things,

and there are some very
powerful questions here...

'What do you remember
of my brother?'

'How long was
Kerry in prison?'

And, 'When did you
order his killing?'

'How and where did
Kerry die?'...

'Where was Kerry buried?'...

Fundamental, core questions.

Sure, ok. 'Did you ever
believe in Karma?'

You could say, 'I learnt that
you became a Christian...'

because it's around
this forgiveness theme

which is important
in this trial,

so I would like to ask
the accused of Duch

if, in spite of the fact
that he became a Christian,

does he believe in karma?

Karma wouldn't left him off,
you know. He's going to pay.

It's karma. It's just the order
of things in their beliefs.

And whereas Christianity...
he's ok, he's...

'You're ok, bud, no,
we forgive you...'

'Away you go...' It's just...
it's too convenient.

Is that a bit pointed?

No, no, it's your time. There's
lots of anger and trauma...

and that's what it is.

And don't worry about
it, just, you know,

be polite, be respectful...

But I mean... it's not a
fairytale, by any means, so...

Ok.

I'm flaming nervous.

It's such a big deal
and I know that...

talking to Youk...
what he said

in terms of what we're
representing as Civil Parties...

we're here to help the judges
with their sentencing process,

and if Duch gets one year less
than he deserves, then he's won.

It has to be nothing
else other than

for the rest of
your living days.

Is your name correct,
Robert Hamill?

Yes, that is correct.

Kia ora koutou.
Greetings to all.

Your honours, I strongly
believe that my

personal suffering
cannot be understood

unless the chamber is
properly informed about

the impact of Kerry's
capture and death

on our family, which was
effectively destroyed.

Kerry had left New Zealand
after going to University

and headed towards Darwin,

where he aimed to sail around
Asia and, eventually, the world.

It really broke me
up because, to me,

I see this beautiful
girl, who's...

in love with my
brother, and he is just

looking real chuffed
with himself.

He is, he is so chuffed, and
he's exceedingly happy.

- And to me...
- well we were...

...that was just such
a beautiful image."

I can't remember how
long I knew Stu

and Kerry before we
actually took off

it was only a few months.

I didn't actually
work on the yacht,

but them coming
along and saying

'oh, we've done this,
we've done that,

and we've sorted out this...'

'and we're going to
be ready to sail in

a few days, and it's
not a problem...'

And of course days
would go on and...

'Uh, something
else has come up!'

And, finally, they got it
all ready and ship-shape.

Well we called it the 'hippy
trail' in those days.

There was a well-worn path up

through Asia, through
the islands.

Indonesia was a definite place
that everybody wanted to go to

because it was so exotic,
and still very new then -

it wasn't developed at all.

And just listening
to different music,

and different sounds of
the language, and...

generally we were very naïve.

"Unless we indulge
in wishful thinking,

the lives of Americans

remaining in Vietnam after
our next withdrawal..."

You can't exaggerate the sense
that Vietnam was the centre of

the cold war at
that stage in Asia.

"Let us go to the map again.
Here is South Vietnam..."

The Viet Cong had done
incursions into Cambodia

and were using Cambodia
as a safe haven.

As a result, the
US felt obliged

to go after them
on Cambodian soil.

I remember when the bombing
started - it was amazing.

I had never seen
American bombing.

It was... extraordinary.

On March 18th, 1970, there was
a coup d'état in Cambodia.

Prince Sihanouk, who
was head of state,

was deposed while
on travel abroad.

Sihanouk made the biggest
mistake of his life.

The Chinese convinced
him to join

his enemies, the Khmer Rouge.

This was huge.

It meant that everyone
in the countryside,

the Cambodians in the
countryside who adored him -

automatically had sympathy
for the Khmer Rouge.

It was certainly a mixture
of extreme Maoism,

as romanticising an
agrarian life...

Mixing into that,

I think some of the
Khmai mythology

which is, if Angkor
Wat can be built

by the Khmai in
the 12th century,

then anything's
possible, if only the

right leaders could
come into power.

It was awful enough to
watch this spiral of

destruction in the country.
It was so quick.

In months, you would
see a city going

from this gorgeous city to...
nothing.

The Khmer Rouge were
cutting off all the

routes, there was no food,

the corruption got worse and
worse, the rich flew away...

And, you know, it was
emotionally awful.

And I had no faith
in the Khmer Rouge.

And I was way too young.

I did not want to stay for it.
So I left.

A lot of the times we
would deliberately go

to beautiful
uninhabited islands

especially if we
had a charter on.

The coral and the fish in
that part of the world

is just staggeringly
beautiful,

and very - at that stage
- wild and untamed.

What drew me to Kerry in the
first place, of course,

was that he was
drop dead gorgeous.

He was a very practical man
and I really loved that:

that he would take
the time to show

me everything that
was on the boat,

that I wanted these
endless probably

naïve silly questions to him,

and he would explain it all, and
again if I didn't get it...

and that he would just, yeah,
be generous with his time

and he was to other
people as well.

We didn't have
enough language to

get into the politics
of the places

so... yes, we didn't
have any idea about

what was happening
with Kampuchea at all.

We were in this... maybe
white man's bubble?

I'm sure you can see that,
at 26 years of age,

Kerry was having the
time of his life.

Fortunately, Gail
left the boat at

around this time to
visit her family.

She and Kerry planned to meet
up a couple of months later.

John Dewhirst, an
Englishman, joined

Kerry and Stuart
on 'Foxy Lady'

shortly before he was
to return to England.

I love those photos. They're
sort of family heirlooms now.

So when... when was that?
What was the date of that?

Um... uh... um...

Doesn't matter.

June, June-July, '78.

Oh was it?

A couple of months before.

Gosh, gosh...

Yeah, I've got a nice
picture of my brother.

It's in a frame, but
I keep moving it

around the house... it's
never been on the wall...

I move it round the house
'cause I sort of want

to know it's there, but
I don't want to see it.

So it's hidden behind
pieces of furniture.

We had the most wonderful,
wonderful upbringing.

We were just good friends,
we had a lot in common.

Just an average
brother and sister.

Don't know what he's doing
with no clothes on...

He's an artist.

Yes!

You know, he was a
very sensitive,

artistic sort of bloke, and...

you know, the whole
confession thing, CIA spy...

And, you see the sort
of person he was and...

not the sort of
person to be a spy.

A CIA agent.

He did write and tell
me that he'd met

up with some people
who had a boat

and he was going
to go on this boat

and he was really
excited about it.

He told me it was
called 'Foxy Lady'.

On the afternoon of the 13th,

we thought we could
hear a boat engine

at intervals throughout
the afternoon.

But we couldn't be sure.

Shortly after dark I went
below to make some porridge,

and suddenly a boat began to
close in on us very quickly.

The boat came in closer.

I was about to go up on deck
when the boat opened fire,

and sent some shots
over our mast.

The gunboat came in closer, and
lit us with its spotlight.

Stuart was shot,
and Kerry helped

him out to sea in a lifebuoy.

He told me later that Stuart had
died, and been buried at sea.

Koh Tang Island is where Kerry
and his mates on 'Foxy Lady'

were sheltering when
they were seized.

Koh Tang was, and still is,
some kind of military base.

It's so long ago now,

however I'm hoping someone
actually remembers Kerry.

I'm travelling with
Kulikar Sotho,

who runs a production
company here in Cambodia,

and she'll help me ask some of
the locals a few questions.

He's never seen it since
he moved here, in 2000.

OK...

This house where we are standing
now, you see this concrete?

Built by the Khmer Rouge.

It used to be the headquarters
of the Khmer Rouge.

Yeah, Khmer Rouge navy base.

And your brother could well
have been brought here.

First they should go to the
headquarters, wouldn't they?

You would think so - some
sort of processing centre,

and this would be
the first one.

It's so peaceful.

I'm very keen to
meet Meas Muth,

the former chief and commander
of the Khmer Rouge navy.

I heard he was based at the
port where Kerry was captured,

and, ultimately,
I believe, he is

responsible for my
brother's fate.

I'm sure he would have had
the power to release Kerry.

This area is pretty much still
a Khmer Rouge stronghold.

Thousands of former cadre melted
back into the general population

into these villages, after
the fall of the regime.

Many of the leaders,
those most culpable,

have done very well
for themselves.

Meas Muth is typical.

As well as having been
commander of the navy,

he's also been an adviser
to the current government

and maintains a
position of power,

wealth and influence today.

Could you ask him if
he's ever seen...

He said never, he's
never seen it.

This is my brother.

Could he tell me the
procedure that you took

if a Western boat or
any boat was captured?

What was the procedure
from there?

Could you ask him about a
report that we received...

suggesting that he personally
went out to Koh Tang Island...

to escort back
some Westerners?

Ok. Philosophers... right.

You know, like,
brainwash them.

Easy word to say is
'brain wash them'.

Yeah, ok. And you believe that's
his role? Do you believe that?

You know, it's um,
it's hard to say because...

he has very nice face.
Very gentle face.

Reading his documents
doesn't match

what he looks like, and
what he says now.

It's normal that not everybody
will tell us the truth.

No, that's right.

It's quite normal.

Yeah.

How would they be
treated in their time?

He said that he thinks
it is universal.

We will not forgive them. We
will have to... let them go.

Exterminate them.

If Pol Pot and the Khmer Rouge
had remained in power to today,

how much better do you
think it would have been?

He believes it is
under one million.

It's like one day
we are in heaven -

the French called us
the 'Pearl of Asia' -

and then from being
the pearl of Asia

to be the 'Hell of
Asia', if you like.

And now we are still suffering
- look, look, look.

If you are out of the city you
see the poverty still exists.

I mean every single Cambodian,

whether you are
Cambodian local...

Cambodian overseas, Cambodian
American, Cambodian French...

we all got affected. You know,
all our families got affected.

Well I was very small.

I was born 1973, so by the
time evacuation take place...

when the Khmer Rouge marched in,
I was just about two years old.

My dad held me in
his arms, you know,

carried me out of the country.

So, my mum, my
father, and myself,

just marching out of the
country with other people.

All they told us is just
to get out of Phnom Penh.

Everybody else brings
like food, rice...

but my father carried Beatles
records, because he loves music.

My father was a pilot.
He was a pilot.

- A pilot?
- Yeah, a pilot.

And when they got
into the village they

registered truthfully
of who they were.

So my father was a pilot, and
that's what he wrote down.

They told my mother
that they take

my father for
'political study'.

But when they say political...

'Political study' is just a term
to use to be taken to kill.

Koh Tang is down
through there.

Uh... yes, down through there.

So they would have arrived,

coming through the gap
of those islands there,

and came straight into this
beach, to the naval beach,

where the navy base is.

It would be so nice
for Dad to have

shared this... you know...
this time.

You know, go out
to the island...

Would have been very
difficult for him,

but... You know, to be
able to say goodbye...

Because mum and dad didn't get
that chance to say goodbye.

I always wanted to go
back to the village

where my
father... was...

executed.

Just to see where the
prisoners were situated,

and how he was held in there.

Just to see the atmosphere
around the area.

And, yeah, exactly
the same thing...

Just so that I feel like I have
touched base with him... and...

and just to let him
know that he should

be proud of how
I've become today.

My mother was becoming
a rice farmer.

She has always trained
to be an intellectual...

so to go back to
being a rice farmer,

it was a big struggle
to begin with.

In the Khmer Rouge time,
everything belonged to Angkar -

including the children.

I am not my mum's daughter, I
am the daughter of Angkar.

So, all the children
had to be sent

to Angkar children's
community...

where they wash your brain.

They teach you to identify the
mistakes of your parents.

There's no relationship -

there's no commercial
relationship -

there's no schools,
there's no churches,

there's no religion, anything.

It was turning the country
into a prison camp.

Being city dwellers, my family
was not capable of living

under the conditions that the
Khmer Rouge were demanding.

And my father succumbed to
malnutrition and disease.

It was a daily
struggle for survival.

Trying to find enough food,

trying not to get so sick
that you were going to...

get weaker and weaker and
go on a death spiral...

as well as trying to
make sure you didn't

stick out, and cause
attention upon yourself.

I think the killing... they aim
for high ranking politicians.

But also killing because
of the jealousy,

because of the
personal revenge also.

And um, also killing because
you have fairer skin...

you have white
skin and therefore

you represent a
good life once.

You represent - you know nothing
to do the rice farming.

For my father's case
- he's a pilot,

he's handsome, and
he has white skin.

So he's a perfect target.

The amazing man whom
I have never met.

So, Meas Muth has confirmed
that Kerry and John...

would have been transported from
Sihanoukville to Phnom Penh.

And the first person
they would have seen

when they arrived at
Tuol Sleng prison

was the photographer, Nhem En.

Their blindfolds would
have been removed,

and he would have been
there before them.

Did he see much of Duch?

When he looks at those photos
now, does he see them as art?

Do you recall taking the
photo of a New Zealander?

Duch, what do you
remember of my brother?

As you will be well
aware, Your Honours...

in every family everyone
is interconnected.

A family shares in
happiness and warmth,

a family shares in
depression and misery.

My family's disintegration
is my disintegration.

Kerry used to write home
about once every month.

Some weeks passed without
any communication

The weeks turned to months.

Our family home
was positioned at

the mouth of the
Whakatane River.

Towards the end of the
year, my mother, Esther,

would gaze out to
sea and say...

"It's ok. He'll turn up at
Christmas and surprise us".

Mr President, you, like myself,
will perhaps remember...

the days before mobile phones,
the internet and 24/7 news.

It was in this time of
letters and telegrams

my father, Miles Hamill,

wrote letters to
the ports of Asia

and the New Zealand government
requesting information

about the Foxy Lady and
any possible sightings.

I did expect to hear... I wrote
off a couple of letters to him.

But then I couldn't work out

why he hadn't written to
me...

and I was just very,
very upset...

and thinking, 'Oh well, I
guess it's over then...

if he hasn't written
to me that means

he doesn't love me
anymore and I'm...

just going to have to go
on with my own life.'

All the time that my brother
was away, we kept in touch...

writing letters
really regularly...

and then his letters
stopped.

And I think it would
be quite a few months,

I started to worry that I
hadn't heard from him.

And I desperately
wrote letters.

And um... and just nothing.
Nothing ever came back.

I was fourteen when
Kerry went missing,

and sixteen when we found
out the terrible news.

How did you find out?

Our neighbours rang us and said,
'You'd better get the paper.'

Oh no!

And so I went down
with my second

eldest brother, John,
to the shop...

and the local dairy guy, Mike,

was there, and I remember
his expression...

'cause on the front when he
handed over the paper...

- ...It was on the front page?
- Yeah, yeah.

When I first found out...

I was sure I was
going to die of

this feeling - that
I've still got.

I didn't think you
could carry on

being alive,
feeling like that.

I just shut myself
up in the room for a

couple of days and
wailed my heart out

because I just had
never conceived

that something like
that would happen.

I remember standing in the
kitchen, hugging my father,

both of us crying...

for what seemed like
a very long time.

It was the closest I had
ever felt to my father.

Never in our worst nightmares

had we considered
the reality...

of what had happened to Kerry.

Death not by shipwreck, not by
drowning or freak accident...

but death by torture.

Death by torture - not
over a few seconds,

or minutes, or hours,
or days, or weeks even.

Death by torture over
a period of months.

And blindfolded?

He was seated on the chair
with the number tag on,

and he was photographed.

Like Bou Meng, Vann Nath
survived Tuol Sleng

because he was a good
artist.

He began these paintings after
the fall of the regime...

to try to capture
memories that no one,

including many of the
survivors, wanted to deal with.

I went to S-21 and...
I saw your paintings.

That was the first
painting he did for S-21.

Because back then, when he
was held as a prisoner...

he was hoping that if he still
alive, he will draw one image...

that represent the
prisoners in there.

All you are thinking of is...

something to eat. He's
hungry all the time.

It's hunger. Hunger,
hunger, hunger.

They question him that,
"Tell me now..."

you know, "When did
you join CIA?"

Can you describe
to me what were

the different types
of torture...

that were given to the...
to the prisoners.

And to feed prisoner with
their excrement, or urinate.

He said that from
that time until now

is, like, a long
period, and...

he saw the man just
about ten minutes,

so he is not sure, but
he looks familiar.

And so, on day nine, because

he still says, "I don't
know about CIA..."

"I do not know about KGB"

then they use the pliers
to pull his toenail

and the nail doesn't
come out quickly

enough, so they, you know...

swirl the nails, like this.

He knows that there were
foreigners in there

because there were time to time
he heard foreigners screaming

he heard a voice screaming,

which is not the
Cambodian voice.

Did you ever see any
Westerners being at S-21?

Does he recall the height?

One is shorter, and the
other one taller -

almost taller than him.

That's my brother.

That was my brother. Yep.

After the two weeks
of torturing

Duch said to him to draw
our big brother portrait

the Brother Number
One - because

it is very, very
important for us.

His pictures did not
save only his life

he saved Duch's life,
and Duch's position.

Duch took it to see
the Big Brother

Brother Number
One, Pol Pot -

and Brother Number One was
appreciate with that painting.

That's why they still
keep Duch to work

in the prison as the
head of the prison.

Since Vann Nath spoke to me,
he's done two paintings of Kerry

one of which is as
he remembers him

arriving at Tuol Sleng
with a young guard.

Quite painful,
but very moving.

He then took photographs
of many dead people

who had received torture to
the point that they died.

And he would have
known that a lot

of those people were innocent.

And he see people,
and everyone knows

that he has been
involved with that

so he feels very, very
shy with what happened

so he feels, like,
sorry for that.

Ok.

You know, for people
watching this,

that is all you can do.
That is all you can say.

And that's all we want to hear.

I know Kerry was physically
and mentally strong.

He would not have
succumbed easy.

I know this individual may
not be my brother, Kerry

just another poor
soul at S-21 -

but the way he is shackled,

the way he has been
grotesquely beaten...

this man's struggle
to hold on to life...

for me, Mr President

this is my gorgeous...

this is my gorgeous, beautiful
brother, Kerry Hamill

at S-21.

This is the sort of image
that has haunted me.

When I was sixteen, and
still haunts me today.

There was a general
culture at the prison

that whenever somebody
walked into it

they became the walking dead.

When that becomes a reality -

as once you have signed
your confession -

it just has to be extracted.

And what did they do to my
brother to get that confession?

So there's a confession
that's typed in English also.

Yeah, so they type it in English
and then type it in Khmer.

Obviously that's to
go to the bosses.

This is it. This is
Kerry's confession.

Taken under duress.

And I guess this is
the Khmer version.

I'm from New Zealand,
and I am the CIA.

I hereby do testify,

have used the modern
equipment of Meremere...

Ah, Meremere.

Yeah.

Yeah, ok.

Meremere is a... I think it
was a gas-fired power station

or it may have been a
coal-fired power station.

He's just... You know, there's
a lot of humour here.

And can you believe
he's trying...

he's just trying
to have some fun.

"I enrolled in the
Psychology for

Intelligence Officers Course."

"This was taught
by an American CIA

intelligence officer,
Major Ruse."

And a 'ruse', of
course, being a con.

"A course on covers for
intelligence officers

was given by a
'Colonel Sanders'..."

Um... Which is obviously,
under duress Kerry

was retaining some sort
of sense of humour.

"In New Zealand, where
they have CIA offices in

Whangarei, Auckland,
Hamilton, Rotorua" -

and that's our home town
- "Whakatane...

Gisbourne, Taupo,
Wanganui, Wellington,

Blenheim, Christchurch,
Dunedin and Westport."

And Westport's like a
village the size of...

Well, back then it was
particularly small.

It was almost as if
he was trying to...

give some sort of sanity to this
insane situation that he was in.

And almost sending a
message back home.

Viktor Frankl, who
was a survivor

from the holocaust,
wrote that...

you know, forces
beyond your control

can take away
everything you possess

except for one thing:
the freedom to choose

how you will respond
to that situation.

And, for me, Kerry
responded with the

most incredible
courage and strength.

"We were taught interrogation
techniques, such as

confusion of prisoners' time
and space and orientation,

the effects of changes in
attitude towards the prisoner,

lack of sleep, pain, etc."

And you could
interpret that that's

what he was experiencing
at that time.

"The public speaking
course was compulsory

for all the second
year students.

This was taught by Mr. S. Tarr,
of the Carnegie institute.

Tarr was the head of the
CIA office in Hamilton.

He held the rank of captain."

And 'S. Tarr', of course,
is my mum. Esther.

Yeah, and as I said, she
was a lovely speaker.

She had this lovely
Irish lilt...

Yeah, you know, it was
a message to my mum.

It was a message to my mum.

It's a 12 page document
that he signed

at the end with his
thumb print...

basically signing
his death warrant.

Was there a special branch
dealing with the foreigners?

And if so, what were the
procedures applied to them?

So the Khmer Rouge retreated to
the North West part of Cambodia

and into Thailand, where they

found refuge from
the Vietnamese.

And they set up their
operation there

to try to win back Cambodia

and they continued
to operate from the

border region for
the next 20 years.

Duch runs off with
the Khmer Rouge

and he ends up becoming a
born-again Christian on the way

and works for World Vision,

changes his name -
leads a new life.

But there are hints that he has
done some terrible things.

And until he is discovered
by journalists,

he had been living a
pretty normal life.

I would like to describe
how my family struggled -

and perhaps failed -

to cope with my
brother's death.

With your leave, Mr President,
I would like to begin

by telling you about
my brother, John.

The loss of his closest sibling
had a massive impact on John.

Eight months after
he found out

what had happened to my
eldest brother, Kerry

he threw himself off a cliff
near our family home.

My father, Miles, and
my third brother, Peter

retraced his footsteps
to the edge of the cliff

and saw his body at the
bottom of the rocks.

He and Kerry were so close -

there was only 18
months between them.

Kerry would have been called
a sensitive, new-age guy

whereas John was Rolling Stones,
you know... Neil Young.

But that difference also was
a good thing too, I mean...

I can't help but think of
them together, actually.

Kerry dying... John
six months after

we had the memorial for Kerry.

Duch, when you killed
my brother Kerry,

you killed my brother
John as well.

Leave the flowers alone, ok?

Can you read it?
See what it says?

Every Christmas Day
mum would disappear,

and come up here on her own.

Did she?

Every Christmas day. She'd
say something like,

"I just have to go
out for a while..."

"Go to the shops",
and we knew where

she was coming; she
was coming here.

She did that every
Christmas day.

Oh, Rachel.

I know.

So Christmas Days
were pretty tough.

No, Christmas was a
terrible time for mum.

It's too late for dad.

And obviously my mother,
you know. Wherever she is.

That looks like Esther.

Yep. Very young there.

A beauty.

"Good day for a sail."

That's right, that's
that photo of the boys

after the storm -
the Wahine storm.

And Kerry's adapted a
little mast on the dinghy

and the sail, and
he's helming...

and John's yelling,
"Get out of the way!"

I mean, he never
got any solace.

He never got any closure,
of any shape or form.

You know, wind this
clock back now for

what's going on with
the court case now...

wind that back 20 years...

But now it's too late,
it's too late for dad.

Duch, at times I've
wanted to smash you

to use your words -

in the same way that you
smashed so many others.

At times I've imagined
you shackled,

starved, whipped, and
clubbed viciously...

Viciously.

I have wanted you
to suffer the way

you made Kerry and
so many others.

However, while part of me has
a desire to feel that way

I am trying to let go.

And this process
is part of that.

Well done.

Thank you.

Sometimes it does give a
different perspective

to have somebody
from a different

culture give an account.

It's the same shrill
cry from Cambodian,

or New Zealander,
black or white.

It's the cry of humanity.

Sometimes one can't get the
point across with one argument.

It's that second
attempt to portray

the same scenario differently

that hits home and say,
'Ah, now I understand.'

Let's recall that, unlike
his prisoners at S-21,

to whom this accused
denied

even the slightest
shred of humanity

he is being met
with open and even

handed justice in this court.

There were twelve thousand three
hundred and eighty moments

when the accused could
have done the right thing.

What is fairness? Fairness,
for me, would be

he should be killed the way
he killed the prisoners

he should be tortured the way
he tortured the prisoners.

That would be fair.

So we are not talking
about fair any more,

we are talking
about acceptable.

And acceptable, for me,
is life sentences.

We implore you, that you do
not come back with a sentence

for less than 40 years.

I actually feel Kerry's, kind
of, presence actually...

I know that sounds
a bit odd, but...

You know, I'd like to think
he's here watching us,

looking down, saying,
'It's about bloody time.'

'It's about bloody time.'

Tomorrow will be a test.

That old adage - the
judges try hard cases,

but hard cases
also try judges.

They have to assess
the submissions

of the defence and
of the prosecution

and of the civil parties

and put forward a story that
actually will do justice

to the people that
have suffered,

to the people that have lost

and to the people of Cambodia

that have waited far too long

for anything
approaching justice.

Yes, yeah of course, yeah.

He did eleven years

and then they've
stated five years,

you have a 35 year sentence

which is down to 19 years...

I think that's uh, you
know, that's not nothing.

He could live to
be a free man.

He's... what? 66? 67.

So 19 years... 86.

That's definitely possible.
My father's older than that.

Aside from the tariff
and the sentence,

symbolically, what does
this represent to you

after such a long
time waiting for it?

It's a completion of a
journey for my brother.

Um...

It, um...

You know, our family
suffered a great deal,

and the people of
Cambodia suffered

enormously.

And I only hope this is the
first shackle to be broken

of the chains that have been
holding down this country...

this beautiful country,
the beautiful people.

And it's the process of
letting my brother go.

31 years ago my
brother was captured

by a Khmer Rouge gunboat.

Stuart Glass, his Canadian
friend, was killed at that time

and he's out here in
these waters somewhere.

His remains.

And Kerry has never returned
to us, in any form.

And I want to be
able to say goodbye

to him, I want to let him go.

I want to say farewell.

And I think now's the time.

I was given a special
taonga, or treasure,

from a friend back
in New Zealand.

He said, you may not want
to do anything with it

but then again, you might
find the time and the place

where you may want to just
do something with it.

This is a greenstone,
it's a beautiful stone.

This is where the
horror began.

To a gorgeous,
beautiful brother.

May he rest in peace.

"A guilty verdict has been
reached in the Duch case.

The focus of the ECCC will
shift now to case 002.

4 members of Pol
Pot's inner circle:

Nuon Chea, Khieu Samphan,
Ieng Sary, and leng Thirith

have been indicted and
face a range of charges

including genocide, and
crimes against humanity.

Some of the evidence that came
to light in the Duch trial

will be instrumental
in the prosecution

of the former leaders

who, unlike Duch, have so
far denied responsibility

for the crimes of the
Khmer Rouge period."