The 49-year-old mother of six children, who herself has twins conceived with the help of a surrogate mother in Thailand, had pleaded tearfully for the release of Cambodia’s notorious and overcrowded prison of Prey Sar.
But her pleas for mercy, because she has “lost everything” and has contracted cancer in prison fell on deaf ears.
Davis-Charles has been found guilty of falsifying birth certificates to take substitution Khmer children and bring them back to Australia through its Fertility Solutions CIO business, the Phnom Penh Post reported.
Phnom Penh Municipal judge Sor Lina recovered from her shock verdict on Thursday and sentenced Davis-Charles and two co-defendants to 18 months.
The three were found guilty of being intermediaries between a pregnant woman and an adoptive parent, and obtaining fraudulent documents, including birth certificates.
For his role in Cambodia’s much-maligned the surrogacy industry, Davis-Charles was also sentenced to pay a fine of 4 million riels, or about $1000.
His Cambodian co-accused, the nurse Samrith Chakriya and the ministry of commerce official Penh Rithy
have each been sentenced to a fine of 2 million riel, or$500.
Australian Tammy Davis Charles, (right), handcuffed to Phnom Penh, a co-defendant Samrith Chakriya has been trapped under the shock of the decision on the surrogacy racket. Photo By: Heng Chivoan.
Tammy Davis-Charles, both more than happy with her husband, Simon Davis and their two surrogate children from Thailand.
Tammy Davis-Charles (R), 49 years of age, in a prison in the car en route to the Phnom Penh municipal court in June of this year. Photo: AFP.
The verdict was delivered, while Cambodia was still the drafting of laws for surrogacy. Davis-Charles surrogacy business operated out of Thailand until a crackdown in the wake of the controversy 2014 “Baby Gammy” case forced.
Davis-Charles moved to nearby Cambodia, where the industry functions in the secret.
The people of the Western part of the country desperate to be parents have paid up to $50,000 for a baby born in the most poor Cambodians to be surrogate mothers, who received a percentage.
Last October, the Cambodian Ministry of Health has banned the practice, holding that it is the trafficking of human beings.
On 4 November, Davis-Charles posted on his Fertility Solutions DPI Facebook page a hint that she knew the authorities were coming for her.
“There are a lot of rumors floating around at the moment about the Cambodia of the closure,” she posted.
“The Government are reviewing laws. Honestly, it could go either way.
“Please be warned do not sign up with a person that tries to push you through!!!!.
“As you are more likely to be caught up at the end when the baby is born, which becomes a nightmare.”
Tammy Davis-Charles, second left, with other prisoners to the municipal court of Phnom Penh. Photo: Tang Chhin Sothy.
Cambodian police mugshot of Davis-Charles.
Tammy Davis-Charles with his own surrogate twins.
Davis-Charles hides her face as she enters the Phnom Penh court. Photo: Heng This Woman A.
On 20 November, the Cambodian police has arrested and imprisoned in the prison of Prey Sar.
Prey Sar has four wings, known as the “bloks” and overcrowding running at over 20 prisoners sharing of 17 square meters of the cell.
The Police said she was involved in extortion of money in which the marriage documents between the surrogate mother Khmer mothers and donor fathers were false.
Davis-Charles claimed to have attended 23 Cambodian surrogates in his capacity as a nurse, paid and signed their contracts with the intended parents as a witness.
Eighteen of the mothers who were carrying babies for Australian.
In the wake of Davis-Charles arrest, Cambodian authorities have declared an amnesty for the babies already born.
However, it is difficult to know how many babies have been returned to customers who have paid Davis-Charles.
She denied she recruited substitutes or forged documents.
Davis-Charles, above, with her husband Simon and their surrogate Thai twin sons.
Tammy Charles-Davis is hiding from cameras on the way to court for her trial.
In municipal court, Davis-Charles and Samrith Chakriya broke down in tears and pleaded for their release.
Davis-Charles said she had not seen his young twin boys eight months since his arrest, and that she suffered from a cancer in her left eye.
Ms Chakriya said before, she had no idea of his work as a nurse and translator for Davis-Charles could lead to his arrest, and asked to be returned to his daughter.
The verdict and the sentence is a blow to Ms. Davis-Charles of the family who last year launched a campaign with a hashtag #freetammydavis.
Ms. Davis-Charles, a son, Dylan Charles, posted on Facebook: “We are stepping up to the plate and pushing it with the forces.”
Oddly enough, Dylan Charles was arrested in January after he was found disoriented and shirtless in the streets of Phnom Penh.
The Cambodia Daily has reported Dylan Charles has been arrested for throwing stones at the cars of Phnom Penh, with an officer to tell Mr. Charles had “lost its soul”.
Mr. Charles has been deported to Australia in March.