ACC charges incumbent DPT MP from Chukha with bribery and official misconduct but OAG says there is no legal basis

Ex- MP Ugay Tshering
Ex- MP Ugay Tshering

The MP says he has done nothing wrong

The Anti Corruption Commission (ACC), in a corruption investigation conducted between August and December 2012 has found the incumbent MP Ugay Tshering of Bongo-Chapcha constituency guilty of bribery and official misconduct. Also under the charge is the local DPT tshogpa Passang.

The ACC had then sent the case to the Office of the Attorney General (OAG) in around December 2012. Since the charges are criminal in nature, the incumbent MP would not have been able to contest the 2013 elections, if the OAG had filed a case.

However, after keeping the case with them for a few months, the OAG has sent the case back to the ACC two weeks ago, saying that there was no legal basis to charge the MP. The ACC is currently reviewing the arguments submitted by OAG.

The case centers on the distribution of 14 cows worth around Nu 500,000 in 2012 from the Constituency Development Grant (CDG) budget under the incumbent MP.

Of the 35 household under the Tsimakha Chiwog in Bjachho Gewog, only around 14 households received the cows and rest of the 21 households did not get the cows.

The 21 households, in a jointly signed letter to the ACC, alleged that the cows have not been given to the villagers, on the basis of equity and justice, but rather given to those who had voted for DPT in 2008, and also they have used this as a reminder for them to vote for the DPT MP in the 2013 elections.

The letter said that the DPT tshogpa had distributed the cows among his own people and DPT supporters without informing the local government tshogpa and the local community.

It also said that when Passang was approached for the cows, he had said that the cows were from DPT and that if other people wanted cows then they should approach the PDP. In 2008, the incumbent DPT MP had lost from the Bjachho Gewog, which had mainly voted for the PDP candidate, but he won from the overall constituency of Bongo-Chapcha.

The letter also alleged that in some cases, Passang and the Gup also collected some money while in other cases some houses got two cows.

The letter said that if politics had such an impact at the local government level then it would be dangerous as even democracy would be harmed. It also said that the government should provide benefits equally to the people.

The letter dated 24th April 2012 was signed by around 21 people representing the 21 households that got left out in the Chiwog.

One of the person who was affected said, “As per the rules and practices, it is only the local government Tshogpa who should have been involved in distribution of the cows in a fair manner, but the fact that the MP gave the cows to be distributed through a DPT Tshogpa to his party supporters is neither fair nor legal.”

“What is more outrageous is that the DPT tshogpa went around boasting that the cows were a gift from DPT for only DPT supporters, and others who wanted cows should get it from PDP,” said the man.

He said that his understanding was that the CDG money used to buy cows was government money and should have been distributed fairly either through a lottery system where the winners could pay some cash compensation to others or that the 35 households could share the 14 cows among themselves.

Following the complaint, the ACC had conducted a detailed investigation from August to around December 2012. The ACC in Chukha interviewed scores of people and took statements. According to a source, one clinching evidence was that fact that Passang was a registered DPT member and very active in the 2008 General Elections.

There is already unhappiness among the 21 households that the OAG has not found any legal basis and has sent the case back to ACC. Two of their representatives will be arriving from Chukha to Thimphu to meet ACC to enquire about the case.

According to a source, what ACC would do is that after reviewing the case they would discuss it in the Commission. After this they could have a dialogue with the OAG, and from there one of the options will be the ACC filing its own case in the court like, in the case of Gyelpozhing.

Meanwhile, the incumbent MP Ugay Tshering who will be contesting from the same constituency for the 2013 round said that he has done nothing wrong.

He said that when he has been called by the OAG and he had submitted a document on the Dzongkhag plan activities. He claimed that it was later, when ACC was making its presentation of the case details to the OAG, that the OAG had referred to the document and has sent the case back to ACC. He also denied that there were any bribery charges against him.

The Bhutanese, despite repeated attempts to contact the OAG and ACC was met with refusals to comment.

The incumbent MP said that those who complained against him were from PDP and they were now trying to blow the issue out of proportion.

The MP said that after CDG was allocated, Passang being a strong DPT supporter, had come forward with the proposal,  but he had been rejected by the Gewog saying that only local government tshogpas and the  Gup should handle such issues. Ugay Tshering said that in six or seven months, the village tshogpa called a zomdu where the village decided to have dairy project, which was endorsed by the Gewog Tshogde who gave it to the Dzongkhag and the Dzongda in turn wrote to him.

The MP said he then approved the project, but later on found that the earlier list of people who had applied were missing and the Gup had also resigned from local government elections.

The MP said that he and the Mangmi asked for help from Passang who claimed that he could remember the people who applied. The MP said that after that he had no idea what happened.

A Royal Audit Authority on the use of CDG by various MPs including ministers covering 2008 to 2011 found the use of CDG in contravention to CDG rules, financial irregularities, in-effective use of CDG, poor diversification, and poor utilization among others.

Tenzing Lamsang/ Thimphu

 

 

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41 comments

  1. hang this OAG, good for nothing guy

  2. This is not an isolated case. If the Bhutanese interview more people across the country; such cases will be aplenty. And this is one of the reasons why PDP supporters have remained unchanged in their decision to change sides as they have felt the full wrath of the ruling Party. A bit short sited on their part, as they could have recruited more into their fold. And yet again, what did the DPT guys think, the whole country should have voted for them? Weren’t they satisfied with 45 seats out of 47. This is I daresay,is a clear indication of lack of compassion for Bhutan’s own citizens who had a different view. And, also a sign of dictatorship in the making. 
    So, please think carefully DPTsupporters and PDP and the other Parties alike on what is meant by democracy and roles and responsibilities of the elected govt. 

  3. I think OAG is heavily politicized> Where ever there is involvement of DPT people, they say there is no basis for legal case. We can understand their plight. They can’t turn against their Masters.

    I THINK THE OAG OFFICE SHOULD BE A CONSTITUTIONAL BODIES LIKE ACC, ECB, RAA so that they shall have powers and mandate to prosecute people without fear and favor.

  4. Wai! This is a serious breach of faith and trusts by Ugay. Where was the “Equity and Justice” motto so fervently preached by DPT? Do we want such people in the next government, if what was said is true? Definitely a big NO!

  5. Cant imagine what our MPs has done with their CDG. I would suggest that they should be investing in long term benefits which can benefit the community and nation at large rather then focusing on short term goals (political gains). 

    It would be interesting to see if any of the news papers can list down what are the different activities implemented under CDG by all ex-MPs. 

  6. What else can we expect from this prado tshogpa & filthy OAG? It’s not unexpected to here such news, in fact, threatening to democratic system. Need to cast your vote intelligently.

  7. This is what i assumed from the beginning and same thing is happening all over the Dzongkhag. The huge amount is allotted to MPs and it is wasted all over 20 Dzongkhags with out any special benefit. If BBS could conduct live interview with the people of 20 Dzongkhags who they have been benefited from CDG the real story will come out. This is the another main cause for the Shortage of IC in the Market

  8. See This DPT corrupted.We must throw this type of people from contesting…These group of people are a threat to the nation

    • Bhotay…well i guess only an unpatriot, corrupt person can see another one…even your name suggest the kind of person you are…and as far as threat to the nation goes, I think people who are hard up against bringing others down through false allegations, and agencies who are biased to few rich ones for their money are the ones who can be great threat to the nation and its people!!!!

  9. MP of Chukha distributed cows and Former Speaker was seen distributing 500 notes to his supporters!! so this is the reason why DPT wanted CDG……If ACC have to go after all the MPs of DPT, i think DPT is already disqualified party …

  10. are they supressing the truth? it must come out if it exist.

  11. ACC needs to see if the case warrants any further action, if there is any foul play, don’t worry, the ACC will not spare anyone. After managing to convict two former Ministers, an ex MP should be easy to deal with. On the other hand, if however, ACC is of the view that the MP has no case to answer, than people should be willing to accept that judgement as being fair too.

  12. JigsNews ‏ says
    Responding 2 accusations of giving cows 2 party supporters, ex-MP of Chapcha innocently says, “I thought CDG was Cow Distribution Grant”

  13. sounds to me like another allegation by PDP to bring DPT down….common guys you can do better than that…for that matter even the Bhutanese…

    • HEY JERRY
      do you know Kuensel and BBS is 100% controlled by DPT, if this news paper is not there public are not geting right information at rite time.if PDP is brining DPT down without any guilty on DPT.do you think DPT will remain silent like this, they even fight for small reason. you dont know how they blocked BHUTANOMICS.COM. try to be wise. and dont be foolish all the time, if you r DPT cand i am sorry to remain dat coz it is ur duty

      • Dear Wow, in what sense BBS and Kuensel is controlled by DPT. Just because they being objectives?

        Bhutanomics was blocked by Court. Do you DPT control court? First time when Bhutanomics was suspended, even international experts acknowledged that it could also happen from cloud (internet). What bullshit are you talking about?

        • Clarification: Bhutanomics was blocked due to an affidavit raised by the current BOB DMD Karma Tshering who is close to previous MD Kuenga Tshering.

      • Well WOW yesterdays presidential debate itself stands testimony to who has bought who and mind you PDP and its leaders arent clean either. the very reason why they lost badly in 2008 should deter the OL to make such supposedly sincere and dedicated proposition actually. If Kuensel and BBS as you mentioned are bought by DPT are you hinting that only Bhutanese is left for PDP, well I think you are right.

    • Use your brains dude, the investigation was done by ACC and not by PDP. Looks like you are this great preacher JYT’s supporter. I m sure you have one to use them…..

  14. “Nu 500, 000” LOL
    No wonder they decided to make a move on this guy. This amount is a fragment of what other people are actually eating but yet, they remain to be un-announced.
    Typical Media move(s) again like the poor monk who was sent for smoking. 
    While the rest of the people still freely smoke.

  15. OAG increasingly deals with cases of public and national interest, such as possible corruptions cases i.e. Gyaboishing land scam, and now this case with utter disregard and respect for the due legal process and shrugs off easily by saying there is no legal ground etc.

    OAG irrespective of his commitment to upholding the laws of the land and public, seems increasinly under the influence of the ruling party and we believe his position has lost confidence of public and other constitutional bodies and now untenable. Not only this, the OAG ought to be investigated and if he has broken laws by acting biasedly, we should be brought to justice.    

  16. Dear fellow countrymen,
    Now we all need to think seriously and come out with a strong word and action against this OAG and its office. Now the institution of OAG is being leveled to its lowest and people lost confidence in this institution. This institution not mean to be for Mr. Phuntsho wangdi. OAG will come and go but the institution should remain. Therefore, this mans action as the head of the institution is questionable and if he still go with the same kind of mindset it is a danger to our country. Such man should be stripoff from his position. He fails and lost his face after he leveled the gelposing case a baseless. If we the people and the right authority do not prevent such flows then we will be paying the heavy price . In future any OAG will not function resiously coz. even if they do or commit the highest blunder there is no consequences for what he does. Please please spare this nation from such self centered guys.

  17. Looks like OAG is DPT pet Dog, he should also resigned on moral ground with JYT, he can defend DPT case in court once these looters lose 2013 elections… There is plenty of case to defend: 1. Gyalpoising, Aunty Denchi, Lottery,GNH center in Bumthang, Airports, landy to Rinsi, etc etc…so plenty of jobs for him…

    • If you have the required law degree why do’n’t you become OAG. It is easier said than done. If you point one finger to others rest four will automatically point at yourself.

  18. Even if the cows were distributed by Tshogpa, it is not going to be sufficient as there were only 14 cows bough. What are the guarantees that Tshogpa would distributes fairly? after all he is also a elected local leader.

    I personally feels that the concept of democracy is some how changed and people started taking too personally each and ever matter. Its so sad that media coverage are always about what went wrong every time. It should also cover other end of deciding factor rather the speculation at the highest. if the media consumers not careful these days, they are capitalize on such feelings put us in chaos situation soon. forget about our unique value of GNH

  19. I think this guy has a construction Licence that would be “conflict on interest”. Not only that, it seems govt. engineers cannot approach him for any clarification or correction of low quality works done.

  20. psuedo engineer

    CDG is foreign money to keep MPs in the pocket, instead of going through established national channels for development aid

  21. psuedo engineer

    14 cows distributed as CDG.
    Bribery? what did he get in return from the 14 people?

    maybe malice towards non supporters and favouritism for your own people and supporters?!!!

  22. Until this paper brings a single report on other political parties, we cannot consider this paper apolitical. The fact that misuse of CDG comeing out at this time is nothing, but politically motivated. The CDG was stopped long time ago. This paper will bring more reports of this sort more so during the election period in order to defame DPT. But, I do not know how many people really believe in the stories.

  23. ttrans, wangps

    this OAG should get dissolves…it does no good…just hampering the investigation

  24. First of all, CDG cannot be used for buying personal things and distribute unequally. It can only be used for common purpose development projects which can benefit at least 10 households. By distributing cows to individuals is itself wrong. Secondly, if cows were allowed to be distributed then he should have given to all village folks because everyone in the village needs cows.

  25. DPT – Druk Polluted Tshogpa.. LOL

  26. If one tries to please everyone, he or she lands up pleasing no one! This is order of the human life.

  27. But surely that doesn’t justify distribution to only members of one political party. Such corrupt practices by politicians who r suppose to represent d whole constituency need to be nipped off at very beginning so that r democracy is worthy gift to r future generation. 

  28. Are only politicians corrupt? All govt. Agencies n especily corporation corrupted.

  29. All said and done, the ongoing elections will decide for us. Let us see if we deserve the best party this time…

    In my view, both DPT and PDP (may be) should be eliminated in the primary round!

  30. This case need a thorough review by the ACC. This is what happens when we vote rich people to power. These people exploit the needy and in return force them to vote for an individual or a party. So, I say that we should not make the same mistakes of 2008.
    Let bygone be begone. 

  31. the article is 100% true and same happened in Darla geog also.

  32. This is a criminal act, it is our greatest regret for giving vote to a wrong candidate in 2008 huh. 
     i have not even seen a single jersey cow in my villages.  must have given to those known DPT supporters , Tshokpa etc.  We dont want you any more. We need leader who can give equal rights and justice. We say good bye to you ….

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