These and other questions have now surfaced following continuous refusal by the accused to accept the summons dispatched by the Special Court. [break]
What could be the motive behind the accused police officers´ attempt to buy time? "We know that incumbent Chairman of the Special Court Gauri Bahadur Karki never compromises with anyone. He never accepts a bribe and flatly discourages those who try to influence him" a knowledgeable government source quoted the accused police officers at their recent meeting as saying and adding, "We shouldn´t appear before the court until the transfer of Karki from the Special Court."
Karki was appointed chairman of the court two years ago. Following his appointment, the Special Court has settled dozens of corruption cases, with 99 percent of the accused losing.
With the filing of corruption cases against 34 police officers and two contractors, the Special Court had issued a 15-day summons in the name of the accused. All the accused were summoned to the court to defend themselves against corruption charges filed by the Commission for Investigation of Abuse of Authority (CIAA).
Notice servers from Kathmandu and Lalitpur district courts tried to serve the summons but the accused in the Sudan scam including former police chief Om Bikram Rana, suspended AIG Madan Khadka and others flatly refused to accept the summons. Finally, the notice servers pasted the summons notices at the gates of two of the accused, Rana and Khadka, on Sunday.
There are still questions whether or not the accused will appear and defend themselves before the court. What if they fail to defend themselves against the charges? "We will move ahead as per the existing legal provisions," said Special Court Chairman Gauri Bahadur Karki, adding, "The court can begin the hearings process even if the accused don´t appear in court."
A legal expert, preferring anonymity, said that the chances of losing the case will be high for the accused if they fail to appear in court to defend themselves. "If someone does not defend himself against a charge filed against him, it is obvious he will lose the case. And the same thing can happen to the Sudan scam accused."
Who will plead on behalf of the accused if they themselves don´t appear in court? "Government lawyers will plead on behalf of the CIAA," said the source adding, "Private lawyers trying to plead on behalf of the accused won´t be allowed to do so if the accused themselves are not present at court."
The Special Court will then issue its verdict on the basis of pleadings by government lawyers and the available facts.
"Declining to appear and defend onself in court means that the accused concedes guilt," another source added.
Notice servers have pasted the 15-day summons at the doors of the accused. Can they appear before the court after 15 days? "They have to appear before the court within 15 days. If they submit written applications with solid evidence that they are sick or suffering from some other serious problem, the court may consider the matter," the Special Court source told Republica.
The national anti-graft body had filed case at the Special Court against 36 officials accusing them of embezzling Rs 290 million while planning, procuring and supplying armoured personnel carriers (APCs) and other logistics for Nepali peacekeepers deployed in Darfur, Sudan.
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