KATHMANDU: The third day of the hearings for the accused in the Suryadarshan Cooperative fraud case took place at the Kaski District Court on Friday.
Legal professionals representing former Deputy Inspector General (DIG) and Gorkha Media Network operator, Chhabilal Joshi, engaged in a robust defense against the charges of embezzlement and money laundering.
Senior advocate Jagannath Dhakal and advocate Apoorva Pachhai, representing Joshi, presented a series of arguments in the court. They contested the charges, asserting that the statute of limitations for bringing forward the case had expired.
Additionally, they highlighted that, despite widespread rumors about cooperative fraud, no official charges had been filed until recently.
The defense team also criticized the weak foundation of the charges, particularly in relation to organized crime and money laundering.
They argued that there was no evidence linking Joshi to the embezzlement of funds from the Suryadarshan Cooperative.
The defense attorneys stated that Joshi was unaware of any funds being transferred from the cooperative to Gorkha Media by GB Rai.
They suggested that the responsibility for verifying the source of the funds should have fallen on the auditor, rather than on individuals like Rabi Lamichhane and Joshi.
Joshi’s defense team further argued that the charges against him were retaliatory and lacked legal merit. They insisted that the case lacked any substantial evidence to support accusations of money laundering, calling the claims absurd.
“How could a person who did not take a single rupee from the cooperative be charged with money laundering?” the defense questioned, emphasizing the absence of any direct evidence linking Joshi to financial misconduct.
The lawyers also argued that while Lamichhane and Joshi were charged based on financial transactions, no proper investigation had been conducted into the increase or decrease in their assets, which they claimed was crucial for understanding the legitimacy of the charges.
The Suryadarshan Cooperative fraud case has seen the prosecution of 63 individuals, including prominent figures such as Rastriya Swatantra Party Chair Rabi Lamichhane, former Gorkha Media associate Joshi, and eight companies.
The accused are alleged to have embezzled Rs 1.51 billion from the cooperative. So far, Kumar Ramtel, Kailash Kumar Darlami, and Shiva Bahadur Gurung have been arrested and are currently being held at Kaski Prison.
Legal practitioners defending Joshi and Lamichhane have argued that there is no basis for their pretrial detention, maintaining that the charges are unsupported by sufficient evidence.
The legal proceedings in the case are ongoing, with statements having been made by seven individuals regarding charges of fraud, money laundering, and organized crime.
The detention hearing for Joshi’s case is set to continue on Sunday, after which Lamichhane’s defense will present its arguments.
Kaski Court Registrar Rajan Khanal confirmed that the detention hearing for Joshi was not concluded on Friday. The proceedings will resume with further legal arguments on Sunday, with the next steps in the case to follow thereafter.
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