On the behest of the Anti-Corruption Commission (ACC), the Royal Bhutan Police (RBP) has sent a request to the International Criminal Police Organization (Interpol) to put up a Red Notice alert in Australia against a former Procurement Officer, Sonam Dorji, of the erstwhile Ministry of Information and Communication (MoIC).
The ACC found that of around Nu 100 mn worth of projects in Electric Vehicle charging stations, ICT and other works Sonam Dorji and his accomplices embezzled around Nu 45 to Nu 50 million (mn) using various corrupt means.
While Sonam Dorji is the main person involved the ACC has also detained the other accomplices like Finance Officer Dipendra, an IT officer and some vendors.
Sonam Dorji used the license of an IT vendor who was a friend of his brother to essentially set up his own firm SPD Enterprise to bid and win several works tendered out by him.
The around Nu 100 mn worth of projects happened between two financial years of 2020-21 and 2021 and 2022.
Interestingly Sonam resigned just two months before the Audit report and left for Australia as a dependent with his wife who is on a student visa.
If it were two parties involved the money was shared 50/50 and if it was three parties then it was shared one third each.
Sonam as the procurement officer designed the tenders, Dipendra as the finance officer sourced the funds from unused funds within the ministry and others, and the IT officer drew up the technical specifications.
Sonam was able to achieve this fraud and get away with it for so long in part because he had managed to win the trust of a senior bureaucrat in the MoIC who is currently in another ministry.
This whole issue came up in an audit report on the Directorate of Services, MoIC for the financial year of 2021-2022.
RAA said there was irregular award of operation and maintenance works of EV charging machines and supply of spare parts amounting to Nu. 13.970 million to S.P.D Enterprise.
Fictitious payments of Nu. 0.785 mn, 0.600 mn, 0.998 mn and double payment of Nu 1.682 mn and Nu 0.825 mn, 0.500 mn, 0.608 mn and unauthorized works payment of Nu 0.200 mn were all made to SPD which the ACC found actually belonged to Sonam.
There was Nu. 4.782 million and 0.788 mn excess payment to M/s. Jigme Dorji Construction Pvt Ltd.
There was also payment of Nu. 2.8 mn to M/s Link Unify on account of renewal of FortiGate Firewall licenses for four RSTA regional offices during FY 2019-2021 but there were no documents to support the expenditure incurred for renewal.
MoIC had made payment of Nu. 2.326 million to M/s G Y Venture, Thimphu for the supply of Video Conferencing equipment. The RAA noted that the Ministry had used the cancelled Tender ID of different agency to process procurement through e-GP which indicated manipulation.
The RAA had observed a total irregularities of Nu 20.594 mn involving misappropriation due to malpractice, abuses and forgery in procurement of services and goods pertaining to maintenance and software upgradation of electrical vehicle charging machine stationed across the country, Supply of UPS and Battery, Supply and Installation of CCTV at the charging stations and Supply and Installation of PTZ CCTV camera at MoIC Office.
The irregularities pertained to irregular award through creation of fake documents, incomplete processing of tender through eGP system, double payments, payments for works/supplies not completed/delivered.
The RAA also observed a total irregularity of Nu. 15.674 mn involving misappropriation due to malpractice, abuses and forgery in the construction of Electrical Car Charging Stations (Civil & Electrical), Supply, Installation of the transformer and other electric related work executed by M/s Jigme Dorji Construction Pvt Ltd.
These included excess payment due to enhanced work quantities and claims, direct award of additional work in without observing due process, payments for goods not as per specification etc.
The RAA forwarded the case to the ACC which has come up with more findings.
A RBP source said that while the RBP has sent a request to Interpol for the Red Notice the Interpol has its own vetting procedures and it may take some time.
However, even if the Red Notice is sent and Sonam is somehow detained in Australia it will be a huge challenge for Bhutan to extradite him to Bhutan in the absence of a Mutual Legal Assistance Act in Bhutan.
A source said that since the time of several past governments agencies like the RBP, ACC, Department of Law and Order etc. had pushed for a MLA Act but no Parliament till date even tabled it.
The concern was that once Bhutan has a treaty like this then it would lead to a lot of requests from other countries and Bhutan would be overwhelmed.
However, here the source said that it is an irrational fear as entry into Bhutan for foreigners is already highly restricted and it is not like Bhutan is a popular get away destination for international criminals on the run.
A MLA Act would set up the Department of Law and order as the focal agency to accept and make requests.
A MLA Act would also make it easier to seek an extradition treaty or agreement with other countries.
This may not have been important in the past but with large numbers of Bhutanese heading abroad including some after committing possible crimes, the MLA and extradition treaties or agreement becomes important.
The ACC has almost completed its investigation which is the final stages.