Saturday, January 27, 2018

High Court review sought of Royal Bhutan Army trial

The High Court of Bhutan has been asked to review the proceedings of a Royal Bhutan Army embezzlement trial. Details here and here. One report notes:
[Major] Sonam Tshering submitted to the court that the Anti-Corruption Commission (ACC) had interrogated the witness under duress. He added that one of the shopkeepers, Karna Bahadhur Kharka, was kept in detention for more than a month and another shopkeeper, Tsheten Dorji, was interrogated for two days.

“Karna Bahadhur had said that he must have received payment between Nu 900,000 to Nu 1,050,000 only while Tsheten Dorji had said that about Nu 125,000 was adjusted. How can court treat the shopkeepers’ assumption as evidence?” he asked. “I am also doubtful if ACC recorded voices of the witnesses as it claimed.”

He said that military court did not even call the witnesses. The court based the judgment on the statement submitted by the ACC given by the two witnesses. The court did not prove beyond reasonable doubt.

“The military court also did not consider the two percent TDS of the total expenditure that was paid to the RRCO. Embezzlement amount was based on the entire expenditure incurred,” he appealed. He said that if a ration bill is Nu 1,000, only 800 worth of ration was spent, the balance ration is returned to the shopkeepers, but the court considered embezzlement amount based on the actual bill instead of the total bill spent.”

Sonam Tshering added that the military court did not even consider the military internal audit and Royal Audit Authority’s investigation.
According to the second article linked above,
Lt Colonel [Karma] Tharchin [another accused] also requested the HC to investigate how the Royal Bhutan Army (RBA) violated the procedure by terminating and court-martialling the defendants without even waiting for the 10-days appeal period.

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