Witness Wasn't Aware Of Key Memo
By Ignatius Stephen

Bandar Seri Begawan - The cross-examination of the prosecution's 17th witness, Senior Land Officer Mohd Gazalin, by Senior Defence Counsel Balwant Singh Sidhu, continued yesterday exposing the degree of red tape, muddle and lack of action in a government department.

Questions surrounding controversial pieces of land given to a leading contractor continued in court in the ongoing $11 million corruption case against an ex-minister and a leading contractor.

In the dock facing multiple corruption charges are Brunei's former Development Minister Pengiran Dato Dr Haji Ismail bin Pengiran Haji Damit, 58, and Wong Tim Kai, who controlled Ted Sdn Bhd, one of Brunei's most successful contractors.

Two relevant charges are focused against them before Chief Justice Dato Mohd Saied.

They were that the minister influenced civil servants under him to Ted's appeals for temporary occupation licence of land (TOL) at Mulaut Industrial Area in 1991 and 1992 and again in 1994.

The court heard that Ted Sdn Bhd made a number of applications for TOL land and had asked for five acres for their business operations on August 1993 and in October 1993.

Both the minister and his alleged accomplice are pleading not guilty.

More questions were asked yesterday about the meeting called by the then Minister of Development, in June 1994, after the minister received complaints on grant of TOL.

The Counsel referred the witness to a memorandum from the Permanent Secretary to the Ministry of Development, on July 11, 1994, the Commissioner ofLand and the Commissioner of Town and Country Planning.

In that letter the permanent secretary said that at that meeting, the minister had touched on the complaints that the size of the lots for Industrial TOL that had been approved were not sufficient for the activities for which they were intended.

The minister had also touched on the fact that many TOL sites, which had been approved, had not been developed by the applicants.

That memorandum had said that the minister stressed what actions should be taken to overcome the problem, including requiring applicants to undertake to develop sites allocated to them within six months or risk losing the TOL.

The memo also said that if the industrial sites for TOL which were then available were not sufficient, the minister would welcome proposals for new sites which were suitable to be utilised for that purpose.

It was also put to the witness that apart from Ted Sdn Bhd, another company had also applied in 1994 for a five-acre TOL lot which the relevant authorities also supported.

There was also a shocking admission by the witness that up to the time he was called up for the meeting with the minister, he had not seen a memo, which had been issued inAugust 1980, for TOL licences by the Permanent Secretary at the Ministry of Development. He said he only saw it some time after that meeting.

When asked whether officers like him had such rules and regulations available to them, he said that the document might have been kept at the Office of the Commissioner, for the reference of those persons involved in such applications.

That memo from the permanent secretary had among other things said that all TOL applications for industries should be submitted to the Ministry of Development for consideration with supporting documents.

The next witness was Hj Ahmad bin Udin, who was a Land Officer I in 1991. He began his evidence and will continue today. His evidence covers matters in 1991 and 1992 in relation to TOL applications.

After four years of futile attempts to get a suitable piece of land of sufficient size to house their equipment and machinery, Ted finally wrote appealing to the minister.

Ted Sdn Bhd had handled various projects and at one time employed 1,500 foreign workers on various vital government projects and a five-acre TOL land was vital for their continued operations.

Leading Malaysian lawyer Balwant Singh Sidhu and Rudi Lee are appearing for Wong. The prosecution is led by Andrew C MacRee, a senior council from Hong Kong. He is being assisted by DPP Aldillah Hj Mohd Salleh and Ms Maggie Wong also from Hong Kong. Defence Counsel Ahmad Basuni is for the ex-minister.

The hearing continues.  -- Courtesy of Borneo Bulletin

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