Bandar Seri Begawan - The High Court yesterday decided to continue with the trial of a high-profile case involving a former minister charged with corruption despite the absence of the co-defendant.

Acting Chief Justice Dato Paduka Steven Chong delivered his judgment after listening to the propositions from both legal parties; the prosecution and the defence, at the High Court yesterday evening.

This case concerns the former Development Minister Pg Indera Wijaya Pg Dr Hj Ismail PgHj Damit, who was allegedly granted government projects and other favours worth over $100 million.

Pg Indera Wijaya was removed from office in May 2001. His alleged accomplice was said to be a leading contractor, Wong Tim Kai, who is also the managing director of Ted Sdn Bhd. Wong, the second defendant, is alleged to have given around $11 million to the minister. He had failed to turn up for hearing scheduled on Monday, and the prosecution has given him another chance to appear before the court the next day. Wones defence lawyers do not know of his whereabouts, saying that his last known address was in Kuala Lumpur, Malaysia.

Subsequently, a warrant of arrest was granted by the High Court on Tuesday whereby Wong will not be released on bail when arrested. As Brunei law stipulates that a trial cannot continue with the absence of any defendant, there were intense discussions between legal parties as to whether this trial-in-question, can and should continue in Wong's absence.

The prosecution has applied to invoice the Chief Justice to dispense certain provisions within the Criminal Procedure Code (Section 230 and 237(1)), so that the trial judge may be authorised to dispense the sections-in-question and be directed to commence the trial in Wong's absence.

Dato Paduka Chong was convinced by Queen's Counsel (QC) Macrae's submission that the court should indeed proceed without the second defendant, although a person charged with a criminal offence has a right to be present at the trial to defend himself in person, or to instruct a counsel to represent him.

Defence lawyer for the minister, Ahmad Basuni Abas however, argued that the warrant of arrest was only applied the day before, and there is no evidence before the court that such warrant could not be successfully executed or that Wong is no longer in the jurisdiction of the authorities. Therefore, he proposed that the trial be put on hold and wait for the authorities to provide feedback that they have indeed failed to arrest Wong, before continuing.

"But is this not against the interest of your client to keep him waiting?" asked the acting chief justice, saying that the ex-minister has been waiting for five years. "Is it not in his interest that this trial proceed?"

Counsel Ahmad agreed, but maintained that both defendants should be present and tried together.

"How long will we still have to wait?" Dato Paduka Chong asked the defence lawyer, who replied that the authorities should be given a "reasonable time".

This was rejected by the judge who explained that it seemed that Wong has already, by his conduct and letters, clearly chosen to exercise his right to not to attend the hearing and not to be represented at the trial. After "careful considerations", the judge concluded that the trial should proceed this morning. -- Courtesy of The Brunei Times

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