Preliminary hearing of the criminal conspiracy case

The Thimphu District Court again denied bail to the four defendants involved in a case concerning the commission of criminal conspiracy, mutiny, abettor of mutiny and other criminal offences. The defendants, Khandu Wangmo, Former Commandant of the Royal Body Guards Thinley Tobgay, Supreme Court Justice Kuenlay Tshering and Pema Gatshel Drangpon Yeshi Dorji attended a preliminary hearing today. A defendant shall be guilty of the offence of abettor of mutiny, if the defendant helps the committing of mutiny by an officer or soldier of the armed forces of Bhutan.

How the conspiracy is foiled?

On July 9 last year, Pema Gatshel Drangpon Yeshi Dorji filed a report with the Royal Bhutan Police against his ex-wife Khandu Wangmo and former Commandant of the RBG, Thinley Tobgay of Impersonation of Uniformed Personnel and Deceptive Practice. And a colonel with the Royal Bhutan Army also lodged a complaint with the RBP on October 20 last year against the duo for harassing him for seven months in 2016. A detailed investigation conducted by the RBP based on the complaints also unearthed the commission of criminal conspiracy and other criminal offences involving Khandu Wangmo, Thinley Tobgay, Justice Kuenlay Tshering and Drangpon Yeshi Dorji himself. The crime was allegedly committed and planned discreetly over a period of four years starting from 2015 to 2018.

According to the OAG, the Criminal Conspiracy to overthrow the COO of the RBA and other criminal offences were established following their voluntary confessional written statements to the RBP supported by the collation of documentary and electronic evidence. The OAG says the conspiracy and the intent to achieve personal gratification of replacing the COO, Chief Justice of the Supreme Court and Registrar General were apparent, supported by numerous incriminating evidence, records of discreet meetings, well-planned and final lodging of unsubstantiated written allegation against the COO.

Defendant Khandu Wangmo

The OAG is charging defendant Khandu Wangmo with eight offences.

She is charged with Abettor of Mutiny. According to the OAG, the defendant in collusion with Supreme Court Justice Kuenley Tshering and Pema Gatshel Drangpon Yeshi Dorji abetted defendant Thinley Tobgay in the mutiny to overthrow the Chief Operations Officer of the Royal Bhutan Army. The OAG is also charging her with Criminal Misappropriation of Property. She has reportedly colluded with defendant Thinley Tobgay and unlawfully misappropriated Nu 6.5 M from the RBG fund. The defendant is also accused of Larceny by Deception; In collusion with Drangpon Yeshi Dorji, she has deceptively availed a loan of Nu 8 M from the RICBL on the pretext of starting a business.

The defendant will also face the charges of Illegal Possession of Firearm and Impersonation of Uniformed Personnel. She was in illegal possession of a Glock 19 pistol illegally issued by Thinley Tobgay. She is also accused of impersonating armed personnel by wearing a Brigadier rank (military) uniform with full insignia issued by Thinley Tobgay. The OAG is also charging her with four counts of Solicitation to Official Misconduct; she is accused of knowingly using an unauthorised RBG vehicle (Prado) and army personnel for her personal use, soliciting Thinley Tobgay to obtain classified confidential UN tender documents from RBA, convincing Justice Kuenlay Tshering to award her substantially high marks for the Chevening Scholarship, and for soliciting Justice Kuenlay Tshering to unlawfully direct the district court to defer the arrest warrant issued against her. She is also charged with soliciting Justice Kuenlay Tshering to unlawfully obstruct the legitimate claim of USD 12,000 which the defendant has borrowed from Ms Sothy Toep while she was in the UK.

The OAG is also charging her with Obstruction of Lawful Authorities; she is accused of obstructing the lawful execution of the arrest warrant by harbouring former Chang Gup Kanjur in her house and prevented his arrest. She is also charged with Harassment; in collusion with Thinley Tobgay, she allegedly harassed and threatened a colonel of the RBA, who is her ex-boyfriend and subjected him to emotional and mental distress in 2016.

Defendant Thinley Tobgay

The OAG has charged defendant Thinley Tobgay with five offences.

The defendant was charged for Mutiny; according to the OAG, the defendant in collusion with Supreme Court Justice Kuenlay Tshering, Khandu Wangmo and Drangpon Yeshi Dorji has conspired and committed a mutiny to overthrow the Chief Operation Officer with his personal intent to replace the former.

Thinley Tobgay is also charged with Criminal Misappropriation of Property; the defendant has unlawfully misappropriated Nu 6.5 M from the RBG fund. The OAG states that he had also embezzled Nu 500,000 recovered from Khandu Wangmo as an interest.

The defendant is also accused of aiding and abetting the illegal possession of a firearm and impersonation of uniform personnel. He had unlawfully issued a Glock 19 pistol and Brigadier rank (military) uniform with full insignia to Khandu Wangmo.

The accused is charged for official misconduct as well. According to the OAG, Thinley Tobgay had unlawfully deputed an official vehicle and army personnel for Khandu Wangmo’s personal use. He had illegally obtained classified confidential UN tender documents from RBA headquarter in Lungtenphu on the solicitation of defendant Khandu Wangmo.

The OAG has charged Thinley Tobgay with harassment as well. The defendant in collusion with Khandu Wangmo harassed and threatened a colonel with the RBA, who according to OAG is  Khandu Wangmo’s ex-boyfriend.

Defendant Justice Kuenlay Tshering

The defendant Justice Kuenlay Tshering is charged with three offences.

Abettor of Mutiny, Commission amounting to Abuse of Functions and Obstruction of Lawful Authorities; the Justice is accused to have colluded with Khandu Wangmo and Drangpon Yeshi Dorji in abetting Thinley Tobgay in the mutiny to overthrow and replace the Chief Operations Officer of the Royal Bhutan Army while also intending to fulfil his ulterior motive of becoming the Chief Justice and Drangpon Yeshi Dorji to be the Registrar General of the Supreme Court.

He is also accused to have awarded substantially high marks to Khandu Wangmo with the intent to award and grant undue favour for her to unjustly pursue studies in the United Kingdom. Justice Kuenlay Tshering was one of the panellists for the selection of Chevening Scholarship candidates. Further, he also allegedly misused his authority to illegally obstruct and prevent Ms Sothy Toep from legally pursuing to recover USD 12,000 from Khandu Wangmo. He also allegedly defer the execution of an arrest warrant against Khandu Wangmo.

Defendant Drangpon Yeshi Dorji

The OAG is charging defendant Drangpon Yeshi Dorji with two offences.

Drangpon Yeshi Dorji is charged with Abettor of Mutiny; According to the OAG, in collusion with Khandu Wangmo and Justice Kuenlay Tshering, he has abetted Thinley Tobgay in the mutiny to overthrow the COO of the Royal Bhutan Army with malicious intent to replace him by Thinley Tobgay along with the ulterior motive of Justice Kuenlay Tshering to become the Chief Justice of Supreme Court and his ulterior motive to become himself the Registrar General of the Supreme Court. He is also charged with Larceny by Deception. As per the OAG, he colluded with Khandu Wangmo and deceptively availed a loan from the Royal Insurance Corporation of Bhutan Limited on the pretext of starting a business.

Justice Kuenlay Tshering and Drangpon Yeshi Dorji were arrested last month while Khandu Wangmo and the former Commandant were arrested some two months ago. The OAG said the offences are highly sensitive and most serious. And submitted that they are handed down exemplary punishment with maximum sentencing. The next hearing will be held on the 17th of this month.

Kinley Dem/Pema Seldon Tshering/Tshering Zam

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