Bandar Seri Begawan - The High Court Judge yesterday ruled that Wong Tim Kai's forfeiture of bail bonds and of his sureties in the ongoing corruption case was not in breach of terms due to the poor drafting of bonds taken before the Magistrate's Court.

"According to the terms of the bond, the second defendant and his sureties' obligation ended when this case was transferred from the Magistrate's Court to the High Court, there has been no breach of its terms by the second defendant's non-appearance in this trial," said Gareth John Lugar-Mawson, the High Court Judge.

He said: "I therefore have no power to forfeit the bond and require the second defendant and his sureties to make payment under its term."

Between May and October 2004, the two defendants were granted bail until the defendants and case was transferred for trial in the High Court. The former Chief Magistrate made no order in respect of bail. The first defendant is former Minister of Development YAM Pengiran Indera Wijaya Pengiran Dr Hj Ismail Pg Hj Damit.

When both defendants appeared in the High Court before former Chief Justice Dato Seri Paduka Mohammed Saied, the pleas were taken and a trial date was scheduled.

The Magistrate's record showed that the former Chief Justice ordered that the defendants were to be released on bail "...on the same terms" during the High Court proceedings and that no new bail bond was executed by either defendant at that time.

With the evidence presented to the High Court, both sureties said that they have never been informed of the dates of the current trial or the dates of the first trial by either the prosecution or the High Court Registry.

The High Court Judge said that the sureties should have been informed as their bond is with the High Court, adding that the responsibilities is with the chief registrar to ensure the sureties abide to their obligations.

"A failure to inform a surety of the dates of the defendants trial will usually absolve him of his responsibility of ensuring that the defendant appears at the trial," said the High Court Judge.

The High Court Judge hoped the poor drafting of the bond should be brought to the notice of the authorities for reconsideration for future trials. "This sorry state of affairs, though uncommon, for it appears that I am the first judge in Brunei to be faced with it -for the reason I suspect that few defendants in High Court criminal trials in Brunei are released on bail - is not unique and the prosecuting authorities should have been aware of the potential danger, and guarded against it." he said.

The drafting of the bonds to include his obligation to appear in the High Court could have been done when the defendant was to appear before the Court and that of sureties to ensure that he did in May 27, 2004 and when the case was transferred on October 23, 2004.

He also said that a fresh bond should have been taken when the defendants appeared before the former Chief Justice when the case was transferred from the Magistrate's Court to the High Court.

When the former Chief Justice made the order for a new trial on February 26, 2009, a fresh bond should also have been taken, he added. "All these things could and should, have been done, for some reason they were not. So far as the second defendant is concerned, it is too late now to do anything about it," said the High Court Judge.

The prosecution has closed the corruption case against Pg Dr Hj Ismail and Wong on November 7, after 26 witnesses gave evidence for the prosecution before High Court Judge, Gareth Jon LugarMawson that took duration of 30 days of evidence. The case will resume on November 14 with Hj Ahmad Basuni, counsel for the former minister, submitting documents. -- Courtesy of The Brunei Times

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