The High Court yesterday acquitted six people- four RBA officers and two non-commissioned officers- of the charges they were convicted of by the Military Court in Lungtenphu.
The four officers are Lieutenant Colonel Karma Tharchen, Lieutenant Colonel Rigzin Yeshey, Lieutenant Colonel Ugyen Norbu and Major Lingi Jamtsho.
The two non-commissioned officers acquitted by the High Court yesterday along with the four officers are Peljab Sonam Dendup and Pelpon Zepa.
This takes the number of acquittals in the DeSuung fund embezzlement case to eight. The High Court acquitted Major Sigay Tshewang and Pelpon Nima Gyeltshen in August.
In its judgement on yesterday’s acquittals, the High Court said, it upturned the military court’s judgement due to the lack of corroborating proof and other concrete evidence to rule their involvement in the embezzlement case beyond a reasonable doubt.
The High Court also said that a thorough verification and cross examination revealed the money they allegedly embezzled were actually amount adjusted to cover up purchase of restricted items for the DeSuung trainees.
The judgement also says the accused have recorded expenditures made for the training programme in their personal note books, which according to the Evidence Act, qualifies as proof.
The High Court judgement further states that the Royal Audit Authority (RAA) had not objected to the adjusted bills.
The court also noted that the Training Commandant of the Military Training Centre in Tencholing, in his statement to the lower court, had said the training centre may have at times compelled the administrative officer and non commissioned officers to adjust bills for genuine expenses incurred for numerous social activities since there was no separate budget for it.
Military Court’s Judgement
Lieutenant Colonel Karma Tharchen was convicted of embezzling over Nu 13, 87,277 from the fund for 11th and 17th batches of DeSuung Training Programme. He was sentenced to six years in prison.
The Military Court sentenced Lieutenant Colonel Rigzin Yeshey to four-and-a-half year imprisonment for embezzling more than Nu 889,378.
Lieutenant Colonel Ugyen Norbu was sentenced to two-and-a half-year in prison for adjusting a fund of Nu 408,734.
Major Lingi Jamtsho was sentenced to three-and-half-year in prison for embezzling Nu 781,245.
Peljab Sonam Dendup, who was an Assistant Administrative during the 11th batch, was convicted of embezzling of Nu 65,000 and sentenced to eight months in prison.
Pelpon Zepa was pronounced guilty by the Military Court of embezzling Nu 100,000 and given a two-and-a-half-year jail term.
Following the Military Court’s judgement in December last year, all six were terminated from work without service benefits.
Dissatisfied with the lower court’s decision, they appealed to the High Court.
