The High Court yesterday saw the end of the long running and high profile trial of former Minister of Development, Y.A.M. Pg Indera Wijaya Pg Dr. Hj. Ismail bin Pg Hj Damit and the managing director of a prominent construction company, Mr. Wong Tim Kai. As well as being the first corruption trial to be tried in the High Court of Brunei Darussalam due to its complexity and seriousness, it has also become one of the longest trials in Brunei Darussalam’s legal history. The case began on 14th February 2005 before former Chief Justice Dato Seri Paduka Mohamed Saied and ran for 205 days before faltering due to the judge’s ill health some three years later. In February 2009, the Prosecution moved to recuse the judge on the grounds of his health and asked for the case to be tried again before another judge. The new trial commenced before Judicial Commissioner Lugar Mawson on the 28th September 2009 and the evidence concluded on 26th November 2009 after 40 days and 28 witnesses. The trial was conducted in the absence of Wong who had absconded before the first day of the new trial. A warrant of arrest has been issued on 1st October 2009.

In a Judgment which took four hours to deliver, the defendants were convicted of all 11 charges against them; 3 contrary to the Prevention of Corruption Act, Chapter 131, and 8 contrary to the Penal Code, Chapter 22. Y.A.M. was sentenced today to a total of 7 years’ imprisonment and ordered to pay a penalty of B$4,219,242.60, with a further 12 months imprisonment in default of payment. Wong was also sentenced to 7 years’ imprisonment. Both defendants were ordered to pay prosecution costs of the trial with 6 months imprisonment in default of payment. In sentencing Y.A.M. the judge 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 himself.

The Anti-Corruption Bureau (“ACB”) began this investigation in 1999 under the direction of former Director, Datin Paduka Hajah Intan Binti Hj Kassim. The ACB investigation team led by Chief Special Investigator Hj Meraj Bin Hj Ahmad took three years to complete their investigation given the great volume of documents, some of which dated back to 1990, and the large number of witnesses requiring to be interviewed. The file was sent to the Attorney General’s Chambers in 2002. Formal charges were first filed in Court against both defendants on 13th May 2004.

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. It also makes clear that no one is above the law and that all cases will be impartially, fairly and independently investigated by the ACB without fear or favour and brought to a conclusion according to law

ACB would also like to pay tribute to the prosecution team led by Mr. Andrew Macrae QC from the Hong Kong Bar and officers of the Attorney General’s Chambers for what has been an extremely long and difficult case, and one which will provide a landmark in corruption law in Brunei Darussalam.