The highly anticipated conclusion to the long drawn-out corruption case against the former development minister, Pengiran Indera Wijaya Pengiran Dato Dr Hj Ismail bin Pengiran Hj Damit, and Wong Tim Kai, Managing Director of TED Sdn Bhd, finally came to an end yesterday afternoon as the High Court handed out sentences for both defendants.
Presided by High Court Judge Gareth John-Lugar Mawson, the court yesterday sentenced Pg Dato Dr Hj Ismail to serve a seven-year imprisonment term, in addition to being ordered to pay 90 per cent of the prosecution costs, which amounted to HK$3,123,183.51 and restitution to His Majesty's Government the total amount that he received in gratuities that amounted to B$4,219,242.60. The sentencing took four hours to be delivered.
According to the judge, both the amounts must be settled within 100 days beginning from yesterday failing which another 12-month imprisonment term would be added in default for both payments.
Meanwhile, for Wong Tim Kai, the Managing Director of a pioneering local construction company, the court also served a seven-year imprisonment term, which could only commence from the date of his apprehension into custody, as well as to settle 10 per cent of the prosecution costs that amounted to HK$347,020.39 within 10 days from the date of his apprehension or serve an additional six months in prison in default of payment in addition to his seven-year jail sentence.
Wong's case has been tried in absentia after the courts declared that he had been found to have willfully fled the country last year before the recommencement of the first day of the new trial on September 28, 2009.
According to the police, the warrant of arrest for Wong that was issued following his disappearance is still out.
The two defendants were convicted of all 11 charges against them - three under the Prevention of Corruption Act, Chapter 131, and eight under the Penal Code, Chapter 22.
Following the sentencing by Judge John-Lugar Mawson, the former minister remained stoic and calm as his family members broke down in tears as they bade him farewell before he was led
away from the court to serve his seven-year sentence.
The Defence Counsel for the former minister Ahmad Basuni Abas then informed the court that the defendant would make an appeal and requested for bail whilst waiting for the appeal.
However, Judge John-Lugar Mawson denied the application for the defendant's release on bail and the defendant was imprisoned yesterday.
Pg Dato Dr Hj Ismail has been incarcerated at the Jerudong Prison.
The seven-year jail sentence for the former minister is to commence from the date he was taken into remand, which was February 17.
Aside from being the first corruption trial to be tried in the High Court of Brunei Darussalam, due to the complexity and gravity of the case, it was also one of the longest trials in Brunei's legal history.
In sentencing Pg Dato Dr Hj Ismail, Judge John-Lugar Mawson considered that as a "minister of the government, he had abused the trust of his subordinates in the Ministry of Development, of his Cabinet colleagues and of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam himself".
According to a press statement from the Anti Corruption Bureau (ACB) that was issued following the sentencing yesterday, the bureau had began its investigation in 1999 under the direction of former Director, Datin Paduka Hjh Intan bte Hj Kassim.
The ACB investigation team led by Chief Special Investigator Hj Meraj Hj Ahmad took three years to complete the task given the huge volume of documents, some of which dated back to 1990, and the large number of witnesses that were to be interviewed.
The results of their investigation were submitted to the Attorney General's Chambers in 2002 and formal charges were duly filed in court against both defendants on May 13, 2004.
Their statement stated, "The case clearly demonstrates the Government of His Majesty the Sultan's commitment to the rule of law and the importance of zero tolerance towards corruption in Brunei Darussalam.
It also makes it clear that no one is above the law and that all cases will be impartially, fairly and independently investigated by the ACB without fear of favour and brought to a conclusion according to the law."
The bureau further stated that the investigation and prosecution teams have throughout the case been given unwavering support and guidance by Datin Paduka Hjh Intan, her successor-in-office Pg Kasmirhan Pg Hj Tahir, who is now the Sultanate's envoy to Laos, and the current Acting Director of ACB, Ang Swee Kiang.
The prosecution team led by Andrew Macrae, Queen's Counsel from the Hong Kong Bar, and officers of the Attorney General's Chambers were also praised by the ACB for "what has been an extremely long and difficult case, and one which will provide a landmark in corruption law in Brunei Darussalam".
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