IlhamRizal & Sahrol Daud

QUEEN’S Counsel Andrew Macrae formally closed the case for the prosecution in the ongoing corruption trial against Pg Indera Wijaya Pg Dato Dr Hj Ismail, the former development minister, and Wong Tim Kai, the Managing Director of TED Sdn Bhd, yesterday.

The case heard before Judge Gareth John Lugar-Mawson has taken just 30 days of evidence so far. The same case had taken no less than 205 days spanning some three years before the previous trial judge, Dato Seri Paduka Mohammed Saied, the former Chief Justice, recused himself on the grounds of ill health in February this year and ordered the trial to begin again before another judge. Dato Saied has since retired.

A total of 26 witnesses have given evidence for the prosecution, including an expert accounting witness from Hong Kong, a number of current and former employees of the various departments under the Ministry of Development, and several employees and acquaintances of Wong Tim Kai. Twelve bundles of documents (containing over 2,500 pieces of documentary evidence) have been produced, including affirmations from
Maybank, Baiduri Bank, Citibank and HSBC.

This is the first trial in Brunei in which the new laws relating to bankers’ affirmation evidence (under section 177 of the Evidence Act, Chapter 108) had been used. The new law is designed for the protection of bankers, and enables bank records to be admitted in any proceedings as prima facie evidence without the bank or bank officer having to be inconvenienced to appear as a witness, unless ordered by the court.

Before closing the case, QC Macrae corrected the translation in court of the Chief Investigating Officer, Hj Meraj bin Hj Ahmad’s evidence that advice had been sought from other members of the “Hong Kong Judiciary”. He pointed out that the witness had said that the Anti-Corruption Bureau had, prior to May 2004, sought advice from the Department of Justice in Hong Kong—the equivalent of the Attorney.- General’s Chambers in Brunei — which has nothing to do with the judiciary.

The case will resume on Saturday, November 14, when Mr Hj Ahmad Basuni, Counsel for the former minister, will make submissions.

In another hearing scheduled Monday, the High Court will be ruling on the forfeiture of bail bond for Wong Tim Kai’s sureties and confirm the bail bond of the former development minister.

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