Phajo Nidup has appealed to the High Court along with 15 others implicated in connection with his cases. The Office of the Attorney General on the other hand has also appealed the March 15 verdict demanding heavier punishment for one of the culprits. Besides the 21-year imprisonment for 38-year-old Phajo Nidup, the special bench of the Judiciary gave prison terms to 48 individuals.
Phajo Nidup has appealed against his sentences for bribery, forgery, solicitation and tampering with documents. He is asking for compoundable imprisonment or the provision to pay Thrim-thue for all the charges. He argues that the money he gave to a bank employee was not bribery, but was lent to the person.
He is asking to review evidence regarding the conviction for forging a signature while availing a loan from the Bank of Bhutan in Phuentshogling. He claims that he has the authority to use the land as a mortgage since he purchased the land and the land owner did not file any complaint against him. Further, Phajo Nidup claims entitlement to the remaining cost of two Mahindra Blazo trucks, seized by the ACC.
The Office of the Attorney General appealed to the High Court stating that the two Mahindra Blazo trucks were registered in the name of relatives of Dorji Wangchuk, who is one of the culprits, to conceal the origin of the trucks. Dorji Wangchuk, an employee of Bank of Bhutan was sentenced to six years and 11 months for bribery and official misconduct. However, the OAG is now appealing that Dorji Wangchuk should also be convicted for money laundering.
Dorji Wangchuk also made his appeal stating that the amount involved was borrowed for which he already made a partial payment.
Deki and Chimi Lhaden working with the Phuentsholing Thromde, were sentenced to prison terms ranging from three to five years for bribery, abuse of functions and tampering with documents also appealed to the court.
Deki’s ground of appeals was that the amount she received from Phajo Nidup was borrowed money and the lien noting that she issued to Phajo Nidup was executed in accordance with both the Court Order and the bank’s directives.
Chimi Lhaden appealed that the alleged act does not constitute bribery as she was unaware if Phajo deposited the money into her account. She also claimed that generating the Credit Information Bureau report was not within her purview as per standard practice and the Lag Thram transfer was executed with approvals from the relevant bank and involvement of the Thromde Management.
Two officials of Phuentsholing Dungkhag, Sonam Rabgay, and Lhamo Dema who were sentenced to more than two years respectively also appealed to the High Court. The Time-Bound Bench ordered them to restitute Nu 20,000 each to the state for bribery and abuse of functions. The two officials received Nu 20,000 each from Phajo Nidup.
Sonam Rabgay appealed stating that the amount involved was paid to him as charges for services provided at off-hours. Then, Lhamo Dema appealed stating that the amount involved was given as a donation and both the officials said the lien noting were done as per the procedure and upon production of the required documents.
Meanwhile, an employee of Bhutan Development Bank Limited, Tandin Dorji who was sentenced to two years and five months for bribery and abuse of functions also appealed to the High Court. He claimed that the amount of Nu 100,000 was paid in exchange for fresh notes and that he had additional evidence to prove his innocence.
Two police officials, Thukten Choezang and Karma Thinley who were given prison terms ranging between two to five years for bribery and abuse of functions among others have also appealed the judgment. Thukten Choezang appealed stating that the amount involved was paid for a bike which he sold to Phajo Nidup and that there is no question for other related offences.
Karma Thinley appealed stating that the amount involved was borrowed amount from Phajo Nidup and the alleged act does not constitute abuse of functions.
Likewise, another employee of the Bank of Bhutan, Karma Yezer who was sentenced to one year and three months for official misconduct appealed claiming that he is entitled to the benefit of the doubt, yet it was given in favour of the state. He also claims that the charges and sentencing are irrelevant and that violation of the Credit Manual is not punishable under the Penal Code of Bhutan and the ACC Act.
An official of the erstwhile Road Safety and Transport Authority implicated, Nado was sentenced to eight years and five months) of which three and a half years is a felony and the rest will be subject to Thrimthue. He was convicted of bribery and abuse of functions.
However, Nado appealed stating that the amount not being deducted from the total bribery amount even after providing evidence and the data entry into the RSTA system was done as per the documents provided by the vehicle dealers.
Two employees of the Royal Insurance Corporation of Bhutan, Neten Tshering and Sonam Dargay were sentenced to one year and one and a half years respectively for abuse of functions.
Neten Tshering appealed claiming he did not commit the alleged offence while Sonam Dargay appealed stating that he did the insurance of the vehicles as per the valid documents and did not renew thereafter.
Out of the 12 private individuals implicated, two individuals namely Karma Tenzin and Jigme also appealed to the High Court. Karma Tenzin stated that he should not be convicted of perjury as he signed the loan documents and what he stated before the court is true.
And Jigme appealed claiming that he processed the documents in accordance with the instruction of Phajo Nidup as he already purchased the land.
An individual named Tsegay who was convicted for perjury appealed asserting that what he stated before the court was true and that he was not aware of the existence of such cases.
The petition period of ten working days ended on Friday.
Kinzang Lhadon
Edited by Kipchu
