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Justice Gareth Lugar-Mawson delivered his decision in the applications made by the Public Prosecutor in the case against Ramzidah binti Pehin Datu Kesuma Diraja Retired Colonel Hj Abdul Rahman and Hj Nabil Daraina bin Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Hj Awg Badaruddin. The High Court granted the Prosecution's application for a restraining order under the Criminal Asset Recovery Order, CARO over properties including monies held in Brunei local banks in respect of accounts belonging to the Defendants and their two children, 19 vehicles purchased at 3 million 203 thousand 655 dollars and 456 luxury items worth 1 million 316 thousand 274 dollars which included watches, handbags, accessories and shoes belonging to both the Defendants.

These properties are considered tainted property and may be subject to a confiscation order under CARO at a later date. In respect of the Prosecution's application for the Defendants to pay prosecution's costs, Justice Lugar-Mawson was not satisfied that they did not have the means to pay. This is having regard to the 6 million dollars misappropriated which remains untraced and unaccounted for. Despite having numerous opportunities to inform the authorities what happened to the money or if any of it remains unavailable, the Defendants have chosen not to.

The Court viewed that the eventhough the money involved in the money laundering charges against the Second Defendant is small compared to the 15 point 75 million dollars that was misappropriated, the fact remains that he shared the benefits of the large amounts of money misappropriated by his wife in living and enjoying an extravagant lifestyle.

Justice Lugar-Mawson ordered for the First Defendant to pay 1 million dollars within 6 months with an in-default sentence of 6 months imprisonment if she fails to do so. The Court ordered the Second Defendant to pay 500 thousand dollars within 6 months with an in-default sentence of 3 months imprisonment if he fails to do so. These in default sentences will be served consecutively to the sentences they are currently serving.

The Defendants were initially charged with offences under section 12 of the Prevention of Corruption Act but these charges were ordered to be stayed by Justice Lugar- Mawson at the close of prosecution's case. The stay order was made in the interest of justice as the offence requires the Defendants to give evidence in explaining the possession of their wealth whereas the law affords them a right to remain silent in respect of the other offences they faced.

The reason for ordering the stay has now ended with the conviction and sentences against the Defendants. Justice Lugar-Mawson ordered for the stay to be lifted. It will be for the Public Prosecutor to decide whether it is in the interest of justice to continue with the prosecution or otherwise, a decision which will be made after the Court of Appeal finally disposes with the appeal.

The Public Prosecutor was represented by a team led by Dato Seri Setia Davinder Singh S.C with Deputy Public Prosecutors Hjh Suriana Hj Radin, Dk Didi- Nuraza Pg Hj Abdul Latiff and Muhammad Qamarul Affyian bin Abdul Rahman from the Attorney General's Chambers, and Navin Thevar of Davinder Singh Chambers LLC, Singapore. Simon Farrell, QC and Sheikh Noordin Sheikh Mohammad, appeared for the defendants.





