Extra jail time on the cards for former judiciary couple in Brunei

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BANDAR SERI BEGAWAN, April 29 (Borneo Bulletin/ANN): The public prosecutor made an application at the High Court against Ramzidah Pehin Datu Kesuma Diraja Colonel (Rtd) Abdul Rahman and Nabil Daraina Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Awang Badaruddin for confiscation and benefit recovery orders under the Criminal Asset Recovery Order 2012.

Judicial Commissioner of the Supreme Court Justice Edward Timothy Starbuck Woolley heard the application via teleconference in Bandar Seri Begawan.

For the record, the High Court had jailed the two long-serving members of the judiciary earlier for stealing more than BND$15.75 million from the Bankruptcy Office — the largest sum ever embezzled by a public servant.

Over the course of 14 years, the money was slowly siphoned from the Official Receiver’s account, which held debt repayments from people who had entered into bankruptcy and were trying to discharge their obligations to creditors.

The cash was used to fund the lavish lifestyle of the defendants, Ramzidah Pehin and Nabil Daraina Pehin, who spent over BND$3 million on luxury cars, designer goods and watches.

The High Court sentenced Ramzidah, who was the deputy official receiver at the Bankruptcy Office, to 10 years for each of the 14 charges of criminal breach of trust by a public servant; and five years for each of the 10 charges of money laundering — the maximum custodial sentence allowed under the relevant legislation. The judge ordered the sentences to run concurrently, meaning the defendant will serve a total of 10 years in prison.

For Nabil — who was a senior magistrate before his suspension in January 2018 — the court sentenced him to five years for each of the six offences of money laundering. The sentences will run concurrently, meaning he will serve a total of five years in prison.

The public prosecutor also applied for monies amounting to BND436,352.41 in 12 bank accounts, 19 vehicles valued at BND1,568,000 and 456 luxury items, including watches, handbags, accessories and shoes valued at BND956,255, to be declared as tainted properties, which the court granted. The court also ordered for the properties valued at BND2,919,155.41 in totality to be confiscated.

All amounts recovered will be paid into the Criminal Asset Confiscation Fund.

Additionally, the court granted the prosecutor’s application for Ramzidah to pay the Brunei Government the remaining sum of BND12,924,334.15, benefitted from her misappropriation, which has not been recovered. Meanwhile, Nabil Daraina was ordered to pay to the government BND480,708.84, which he benefitted from Ramzidah’s criminal breach of trust.

Should the pair fail to pay the sums ordered by the court within nine months, Ramzidah will have to serve an additional seven years and six months’ imprisonment, on top of the existing 15-year term she is serving; while Nabil Daraina will have to serve an additional three years’ jail, on top of the seven years and six months’ jail term he is currently serving.

The respondents were also ordered to pay costs for both the confiscation and benefit recovery applications in the sum of BND80,000 to the public prosecutor within three months.

The public prosecutor was represented by Dato Seri Setia Davinder Singh SC and Deputy Public Prosecutors Hajah Suriana Haji Radin and Dayangku Didi-Nuraza Pengiran Haji Abdul Latiff, along with counsels from Davinder Singh Chambers LLC, Navin Thevar, Tan Ruo Yu and Ayana Ki.

The Anti-Corruption Bureau executed the investigations into the recovery of assets held by both respondents.

Lawyer Sheikh Noordin Sheikh Mohammad represented the couple.

After a trial in the High Court in 2019, Ramzidah was convicted of criminal breach of trust to the tune of BND15,781,292.24 committed over 14 years, as well as money laundering offences.

Meanwhile, Nabil Daraina was convicted of three money laundering offences amounting to BND470,000. - Borneo Bulletin/ANN