Fadley Faisal

Haji Nabil Daraina bin Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Haji Awang Badaruddin gave evidence as he took the witness stand yesterday, in the ongoing trial against him and Ramzidah binti Pehin Datu Kesuma Diraja Colonel (Rtd) Haji Abdul Rahman.

As the Court found that there was a case to answer for the criminal breach of trust and money laundering offences, the defendants were required to enter their defence.

Simon Farrell, QC informed the court that Ramzidah had elected to remain silent, but Haji Nabil Daraina entered his defence.

He testified that they have a close relationship with both sides of their families, from which they regularly receive a monthly substantial financial support of at least BND1,000 and at the most between BND4,000 to BND5,000.

Haji Nabil Daraina’s father, a top government official, has been generous towards all his grandchildren.

Haji Nabil Daraina received an education allowance of BND800 from the Government of Brunei Darussalam to pay for his children’s education. To supplement this, his father also gives money to pay for the children’s schooling.

Two of the cars seized by the Anti-Corruption Bureau (ACB) were registered under Haji Nabil Daraina’s name, but were used by other family members. These cars were paid by hire purchase, and the monthly payments were made by Haji Nabil Daraina’s father.

He described his parents-in-law as prosperous, with properties and business interests.

When the defendants returned from their studies in the United Kingdom (UK) in 1997, they lived with Ramzidah’s parents, who helped to raise their children in terms of financial support and caring for them.

It was in mid-2017 that the defendants rented a house, because they were expecting their daughter to return from UK and needed the extra space. The house rental was BND2,000 per month.

Farrell then questioned Haji Nabil Daraina regarding his late brother-in-law, who had lived in Thailand. The brother-in-law had a business for chauffeured car limousines, and was also an investor in a United States (US) investment company in Thailand. He lived a lavish lifestyle, owning a luxury condominium in Bangkok and a holiday home in Pattaya.

To Haji Nabil Daraina’s recollection, his brother-in-law usually gave cash gifts to Ramzidah in an envelope, so he wouldn’t have known how much was given.

Over the course of approximately 12 years, the brother-in-law was said to have given Ramzidah around BND2-3 million and also gifts of handbags.

Haji Nabil Daraina considers himself as a religious and honest man who performs his obligations and pays his Zakat Harta every year, for his joint accounts and children’s account.

He has paid between BND5,000 to BND17,000 for a year, and knows that the consequence of using money from the proceeds of crime to pay Zakat is a grave sin.

Haji Nabil Daraina maintained that he did not know that his wife withdrew cash from the Official Receiver’s accounts. He also claimed that he didn’t know that the money deposited into his joint account with his wife and used for the payment of the cars, was from the proceeds of crime.

He said he believed all the money given to him by Ramzidah had come from her late brother and the Malaysian woman.

He admitted to depositing a BND10,000 bank note into their joint account on November 28, 2014, which was a birthday gift from his wife.

He also admitted that this denomination of a bank note is not easily derived, and he thought that it would have come from royalty.

Also according to the defence case, Haji Nabil Daraina was not present at the car dealer’s when a luxury sports car was paid for on November 5, 2014, and only Ramzidah was present to make the payment of BND40,000 in BND10,000 bank notes.

Haji Nabil Daraina said he had paid the deposit of BND10,000 earlier, but was not planning on registering or paying for the car until the following year.

He also said that he could not have been at the car dealer’s, because he was hearing a criminal trial in his capacity as a magistrate. He maintained that it was a surprise birthday gift from his wife.

Jonathan Caplan, QC will proceed to cross-examine Haji Nabil Daraina today.

Caplan and Deputy Public Prosecutors Hajah Suhana binti Haji Sudin, Hajah Suriana binti Haji Radin, Dayangku Didi-Nuraza binti Pengiran Haji Abdul Latiff and Muhammad Qamarul Affyian bin Abdul Rahman appeared for the Public Prosecutor.

Farrell and Sheikh Noordin Sheikh Mohammad represented the defendants.

Justice Gareth John Lugar-Mawson presides over the trial.