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SUPT HJ KHAIRUR RIJAL BIN HJ ABU SALIM (D1)
LIEW SAY KOO (D2)
In the Magistrate's Court at Bandar Seri Begawan
Criminal Trial No. 2123 of 2016
Muhammed Faisal bin PDJLD DSP Hj Kefli, Magistrate
31st January 2019
DPP Shamsuddin and DPP Pg Azmeena for Public Prosecutor
D1 in person, D2 represented by Mr. Roy Prabhakaran of Messrs Yusof Halim & Partners
The first defendant Supt Hj Khairur Rijal bin Hj Abu Salim, at the time of arrest, held the rank of superintendent with the Royal Brunei Police Force (RBPF). The second defendant Liew Say Koo, is a Malaysian businessman in the construction industry who is a prohibited immigrant expelled from Brunei Darussalam and was prohibited from re-entering the country due to his criminal record.
The first defendant was charged under section 6(a) of the Prevention of Corruption Act, in his capacity as an 'agent' serving as an officer with the RBPF, for corruptly accepting from the second defendant, gratification as an inducement or reward for assisting in the second defendant's affairs sometime in 2012. The first defendant was also charged under section 165 of the Penal Code, in his capacity as a public servant with the RBPF, sometime in 2012 for obtaining for himself a valuable thing without consideration from the second defendant who he knew to have a connection with the official functions of himself.
The second defendant was charged under section 6(b) of the Prevention of Corruption Act for corruptly giving to the first defendant, who is an officer of the RBPF, a gratification as inducement or reward for assisting in his affairs sometime in 2012. The second defendant was also charged in abetting the commission of an offence under section 165 of the Penal Code by the first defendant.
In his judgment, the trial Magistrate found both Defendants guilty and convicted them of all charges.
In relation to the charge under section 6(a) and 6(b) of the Prevention of Corruption Act against the first and second defendant, respectively, the Court accepted the evidence of the Prosecution and found that:
In summary, the Court found that the Prosecution had shown that the first defendant had accepted and the second defendant had given the gratification and therefore the presumption under section 25 of the Prevention of Corruption Act applies. The Court subsequently found that the Defence has failed to rebut the presumption for the charges against them.
In relation of the charge under section 165 of the Penal Code, the Court was satisfied beyond reasonable doubt that:
The Court was also satisfied beyond reasonable doubt that the second defendant abetted the first defendant in the commission of the offence under section 165 of the Penal Code.
The second defendant, Liew Say Koo, was sentenced by the Magistrate accordingly and in respect of the charge under section 6(b) of the Prevention of Corruption Act, he was sentenced to 18 months imprisonment and for the charge of abetting the commission of an offence under section 165 of the Penal Code, he is sentenced to 12 months imprisonment. The Court ordered for the second defendant's sentence to be served concurrently as they transpired from a single transaction. The Court's sentencing in respect of the first defendant, Supt Hj Khairur Rijal bin Haji Abu Salim, is set on February 14, 2019.
This summary is provided to assist in the understanding of the Court's decision. It is not intended to be a substitute for the reasons of the Court. ---Supreme Court of Brunei Darussalam
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