A prosecutor from the office of the attorney general, during the second evidence hearing of the Lhakhang Karpo case today said, the condition under which the dzongkhag DCM truck was used by the Foreign Minister did not qualify as ‘pressing and emergency needs.’
According to rules and regulations governing the use of government pool vehicle, a civil servant is allowed to use government vehicles under pressing and emergency needs.
However, transporting timber from Haa to Thimphu for his personal use did not qualify as pressing and emergency, the prosecutor said inside the Haa district court today.
Only death, sickness and the like can be considered pressing and emergency, the prosecutor added.
Foreign Minister Rinzin Dorje reiterated that he had not violated any laws and that, the phrase remain subject to interpretation. Pressing and emergency needs not only meant, death and sickness.
In his defense, he said the truck was used because there were no other vehicles available in Haa during that time.
Regarding his other charge on the award of timber sawing works to LD sawmill, the foreign minister said, government procurement manual had provisions for negotiations with bidders. It also provided certain discretion for tendering, although it does not specify who held the discretion.
The OAG prosecutor said, the manual specifically mentioned that the discretion rest with the procuring agency, or the tender committee. Therefore, awarding the work without a retender was a violation.
Outside the court, Foreign Minister Rinzin Dorje said, at times, depending on the situation, if the chairman of the tender committee wanted to make a decision given the urgency of the project, it was applicable and respected by the committee.
Haa Drangpon Duba Drukpa said, before the verdict is spelled out, everything had to be proven beyond a reasonable doubt, since the case was of a criminal nature. The court will have its closing soon where the entire proceedings so far will be summarized, and after that, the verdict will be read out.
