Verdict tomorrow in former Minister of Development's graft case
Tuesday, February 16, 2010
THE High Court will hand down its judgment tomorrow in the graft charges against former Minister of Development YAM Pg Indera Wijaya Pg Dr Hj Ismail Pg Hj Damit.
The former minister is charged with allegedly accepting gratification and corruptly granting government projects worth over $100 million to Wong Tim Kai, managing director of TED Sdn Bhd, the same company which came under scrutiny during the trial.
In late January this year, both prosecution and defence counsel had submitted their respective case before Judge Gareth Lugar-Mawson.
In the prosecution submission, Queen's Counsel Andrew Macrae said that projects under the Istana Project Supervisor (IPS), a position which Pg Dr Hj Ismail held since the 1970s, still constitutes as government projects as these were carried out by various government officers regardless of how it was financed. "The notion of IPS projects as somehow different animal which absolved Pg Dr Hj Ismail of the duty to deal with them properly, responsibly and with integrity because they were apparently paid for 'privately' is, with respect, a complete 'red-herring'," said Macrae.
Other allegations that Macrae has brought forward was the issue of the Tungku Phase III which Pg Dr Hj Ismail had decided to award lucrative contracts in the most "unprecedented way" as Wong Tim Kai had just completed building, at his sole expense, a house for Pg Dr Hj Ismail on his land and was about to become his tenant at a rent of $5,000 per month.
Prosecution also alleged that sometime in April 1995 Pg Dr Hj Ismail had "simply" given Wong Tim Kai the Lambak Kiri 27 project "without any consideration of the appropriate alternatives" in light of Wong Tim Kai signing a Sale and Purchase agreement with the former minister's daughter.
These were followed by detailed account on the acts which the prosecution alleged Pg Dr Hj Ismail of committing in relation to his corruption charge, particularly the Tungku Phase III, Lambak Kiri 27, Drainage and Roadworks, the Variation Orders, Earthworks and TOL land.
Meanwhile, the defence counsel repeated his call for acquittal of Pg Hj Ismail in corruption charges brought against him on account that the prosecution had failed to show evidence relating to the offences.
Ahmad Basuni explained that as an IPS, Pg Dr Hj Ismail is accountable and receives command directly from His Majesty the Sultan or other members of the Royal Family and came to the conclusion that the position of the former Development Minister held "does not fall within the ambit of a Public Body as defined in the Prevention of Corruption Act".
He further reiterated that there was a lack of evidence to show that Pg Dr Hj Ismail had at any point in time granted any favours to Wong Tim Kai neither was there any evidence he compromised or hindered the performance of his duties either as the Minister of Development or Istana Project Supervisor in his dealings with Wong Tim Kai.
The Brunei Times
The trial of former Minister of Development and the managing director of Ted Sendirian Berhad has ended
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