Charge Dropped Against Ex-Minister
By Ignatius Stephen

Bandar Seri Begawan - A corruption charge against former Development Minister Pengiran Dr Haji Ismail bin Pengiran Haji Damit and his alleged accomplice contractor Wong Tim Kai will not continue, the High Court heard this week.

That happened when the lead prosecutor Senior Counsel Andrew Macrae, handed over to the court and to the defence counsels a nolle prosequi signed by the Public Prosecutor.

It informed the court that the Public Prosecutor intends the proceedings against both defendants shall not continue in respect of the 7th charge.

The 71 charge alleged that the minister accepted for himself $150,000 deposit for the purchase of a land in Katok, Gadong for no consideration or inadequate consideration.

The court accordingly recorded the nolle to state that the proceedings against both defendants of the 7th charge shall not continue and both defendants at once be discharged of the said charge.

Nolle is the power that can be exercised by the Public Prosecutor. In most cases, Nolle is entered when the evidence is not available or insufficient for the Public Prosecutor to proceed further. But that is discretion for the Public Prosecutor to exercise.

However, the court is proceeding with the other charges against the two and Chief Justice Dato Mohd Saied is to resume hearings on May 7.

Prosecuting on behalf of the Attorney General is Senior Counsel Andrew Madrae from Hong Kong, with the assistance of DPP Aldillah Mohd Salleh and Ms Maggie Wong.

Defending the ex-minister are Christopher Frenando and Ahmad Basuni Abas, while Wong has Balwant Singh Sidhu and Rudi Lee as legal counsels.

The former Development Minister, was first hauled before the Brunei Magistrate's Court three years ago for allegedly granting government projects corruptly and allegedly receiving other favours worth a hundred million dollars.

The case subsequently brought before the High Court had been continuing since then with several breaks in between. The former minister could be jailed up to seven years if convicted and fined $30,000.

His alleged co-respondent, Wong Tim Kai, Managing Director of Ted W Bhd, is also charged with giving bribes, bank loan arrangements, houses, land, rentals and a shop house for the ex-minister's daughter. The alleged bribes totalled $11 million.

Wong could be similarly jailed on conviction.

Pengiran Dato Dr Haji Ismail was replaced as Development Minister in May 2001 and he also ceased to be a Cabinet Minister, an official announcement said at the time of his dismissal. The 57-year-old ex-minister came to office more than 15 years ago, after Brunei's independence and had been responsible for major development projects till his departure.

Wong Tim Kai, who owned Ted Sdn Bhd, was a leading civil and building contractor responsible for a number of large government projects. -- Courtesy of Borneo Bulletin

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