Two government servants, Hj Muhammad Suffian bin Haji Bungsu and Jonathan Kho Chiew Sen, were found not guilty by the Magistrate's Court following a
trial for offences under section 6 of the Prevention of Corruption Act, Chapter 131 and alternative charges under section 165 of the Penal Code, Chapter 22.
Hj Muhammad Suffian was alleged to have corruptly accepted from Jonathan a Mercedes C200 CGI AMG Sports purchased at BND66,800 as an inducement
or reward for securing the appointment of Jonathan as the Acting Head of News and Current Affairs at Radio Television Brunei (RTB). The incident occurred
on or about 17th July 2014 when Hj Muhammad Suffian was the Director of RTB and Jonathan was his subordinate. In the alternative, it was alleged that Hj
Muhammad Suffian obtained the car without consideration from his subordinate who he knew to have a connection with his offical functions. Jonathan was
alleged to have abetted Hj Muhammad Suffian in doing so by giving the car.
Jonathan was appointed as the Acting Head of News and Current Affairs between between 2013 and 2016. The position was renewed every 3 months and
his letters of appointment were signed by Hj Muhammad Suffian.
The Anti-Corruption Bureau began investigations into the matter in 2021 and the Defendants were then charged in the Magistrates Court on 11th April
2022. The Prosecution called 6 witnesses whereas the Defendants gave evidence and called 2 witnesses.
The Court heard that on 17th July 2014, Jonathan fully paid for the Mercedes car in cash at the car dealer and registered it in Hj Muhammad Sufian's name.
He personally presented the car as a surprise to Hj Muhammad Suffian at his home. The claim that the BND66,800 used to pay for the car is an interest-free
loan only came into existence after this purchase and delivery. Both Defendants reiterated that their relationship were professional in nature only.
The Honourable Court accepted that it was plausible for Jonathan to pay in advance for Hj Muhammad Suffian to avoid a substantial increase in the
purchase price due to loan interest. This is given that Jonathan came from a wealthy family and have previously bought cars in cash. The Court also
recognised his generosity towards his RTB colleagues as evidenced by his contributions to office events and using substantial personal funds to assist his
colleagues and RTB for work-related purposes. Therefore, the Court found that his purchase of the Mercedes car for a colleague was not an isolated
incident.
Although no repayments have ever been made, the Court accepted that it was credible that Jonathan trusted Hj Muhammad Suffian's ability to repay the
amount in lump sum once he had sufficient funds. Given his access to personal or family resources, Jonathan's testimony that he had no immediate need
for repayment of the funds was found to be believable.
The Court found that Jonathan's appointment as Acting Head of News was based on his merit and is consistent with his long-standing role in the position
predating Hj Muhammad Suffian's tenure at RTB. The Court concluded that there was no suggestion for Jonathan to believe he was at risk of not being
renewed in the appointment which could lead him to engage in corrupt activity with Hj Muhammad Suffian.
Based on the overall conclusions made, the Court acquitted both Defendants of all the charges. The Defendants were represented by Yusof Halim &
Partners, Advocates & Solicitors.
The Prosecution has filed a notice of appeal against the acquittals.
The Anti-Corruption Bureau will continue working to uphold public trust and accountability.
The Anti-Corruption Bureau would like to remind the public including public servants serving under the Government of His Majesty the Sultan and Yang DiPertuan of Brunei Darussalam that the corrupt giving or acceptance of any form of gifts including loans amounts to gratification and is an offence under
section 6 of the Prevention of Corruption Act be liable to a fine of $30,000 and imprisonment for 7 years. It is also an offence under section 165 of the Penal
Code for a public servant to accept or attempt to obtain any valuable thing without or with inadequate consideration from any person whom he knows to
have any connection with his official functions, which is punishable with imprisonment for a term not exceeding 7 years and fine.
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