KATHMANDU: It was 11 pm early in the night on July 2, 2019, when a road accident took place at Amar Singh Chowk in Pokhara.
The Toyota Hilux bearing registration number Ba 20 Cha 2566 hit a pedestrian who was crossing the road. The owner of the vehicle was on the driver’s seat at the time of the accident but didn’t choose to stop the vehicle.
After locals figured out about the accident, the vehicle in question had already moved out of the scene of the accident. The victim of the accident – a youth in his prime age was lying unconscious on the spot of the accident.
Locals, after making a prompt arrangement, sent him to a nearby hospital but doctors found him ‘brought dead’. In fact, he had died on the spot of the accident.
The Nepalese, who was killed in the accident was identified as Deu Kumar Tamang, 38, an ice-cream vendor and a resident of Machhapuchhre village municipality-9, Kaski district.
There was no electricity on that fateful day. After taking dinner, Deu Kumar had come out in open to buy candles and mosquito repellent sticks from a nearby shop which remains open even in light hours till midnight.
In course of returning home after making a purchase, the Toyota Hilux hit him right on the zebra crossing.
On the third day after the accident (on July 4), Nepal Police traced the identity of both the vehicle as well as the driver. The vehicle involved in the accident belonged to Regional International Airport Project going on in Pokhara.
And the driver was none other than a Chinese contractor Zhu Ngfen who owns the company named CMC Engineering ‘Set Manager’ currently engaged in the construction of the ‘international airport’ in Pokhara.
Kaski police arrested Ngfen and began an investigation on the case. During the course of the police investigation, it came to light that he was intoxicated while driving the vehicle causing road accident in which Tamang was killed instantly on the spot.
Another crime the Chinese contractor Zhu committed was driving a vehicle without obtaining a license from the Government of Nepal. A foreigner when driving a vehicle in Nepal needs to require a letter of permission (or a driving license) to this effect without which s/he cannot hit the road with a vehicle on a driving seat.
There is a process involved under which ‘transport department’ issues ‘permission letter to a vehicle driver’ especially to foreigners who live in Nepal from few weeks to few years in absence of a full-fledged driving license.
However, Chinese contractor Zhu involved in the construction of the international airport at Pokhara had not taken any ‘permission letter’. Nor did he possess any ‘driving license’ issued from the Government of Nepal.
After 9 days from the day of a road accident (July 11), the office of the government prosecutor, Kaski, lodged a case against Zhu charging him with ‘causing death by rash and negligent driving’.
Evidence of other nature like driving under the influence of intoxication and a foreigner behind the wheel without a driving license was corroborated with the charge.
A charge-sheet demands 10-year punishment and a fine of Rs 100,000. Chinese contractor Zhu has been charged under section- 161, subsection-2 of the Vehicle and Transport Management Act, 2049 BS.
Kaski District Court gave an order to keep Chinese citizen Zhu in police custody for a full investigation of the case. Meanwhile, the Embassy of China in Kathmandu is learned to have used its full influence under its command to set Zhu free.
“A diplomatic game is in progress from the top of the power-structure to set the Chinese citizen free,” reveals an official while talking to Khabarhub.
According to a reliable source, a Chinese official appointed by the Chinese Embassy is actively lobbying in Pokhara with all the stakeholders in order to set the Chinese contractor Zhu free.
A few days ago, the Chinese official advanced the proposal to Chief District Officer to settle the matter out-of-court and clear the legal case currently lodged in the Kaski district court.
Though Chakra Bahadur Budha, Chief District Officer, denies any such discussion or proposal from a Chinese official, rumors are rife about the meddling of legal prosecution under the pressure from China.
CDO Budha confirms that all the compensation due in the road accident have been paid to the family members of Deu Kumar, the victim, and the office is not directly involved in it.
The government prosecutor further revealed to Khabarhub that the Chinese Embassy has brought a writ petition in the High Court against the order of the District Court in the case of Chinese contractor.
Further inquiry by Khabarhub confirms as of today that no legal representation from the Chinese side has yet been made even as bringing the writ petition to the High Court against the Kaski District Court order has been accepted by a highly placed official in Pokhara.
Nobody wants to come above board as the entire matter has taken a political and diplomatic turn. All those who are directly connected with the case, judges, advocates, CDO are tight-lipped on the matter.
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