Bandar Seri Begawan - The high-profile trial of a former Minister of Development continued with a brief session yesterday to hear the judge's decision on a bail application for the ex-minister.

The hearing for bail came on the last day of the trial before the case was adjourned, scheduled to resume January 25 next year.

High Court judge Gareth John Lugar-Mawson yesterday ruled to maintain bail conditions for the former minister, YAM Pg Indera Wijaya Pg Dr Hj Ismail Pg Hj Damit, in light of the defendant's decision to not pursue his intention of leaving Brunei Darussalam to visit his two children in the United Kingdom for their graduation ceremony next month.

No change was made to the bail condition or to the two local sureties.

The former minister is charged with allegedly accepting gratifications and corruptly granting government projects to Wong Tim Kai, managing director of TED Sdn Bhd, the same company under scrutiny in the trial.

Wong, the second defendant in the trial, has yet to appear in High Court to hear the case against him.

However, in previous reports, the High Court Judge ruled that Wong's forfeiture of bail bonds and of his sureties in the ongoing corruption case was not in breach of terms due to the poor drafting of bonds taken before the Magistrate's Court.

Between May and October 2004, the two defendants were granted bail until the defendants' case was transferred for trial in the High Court.

The former Chief Magistrate made no order in respect of bail.

High Court Judge Gareth John Lugar-Mawson said that Wong and his sureties' obligation ended when the case was transferred from the Magistrate's Court to the High Court, whereby he stated there has been no breach of its terms by the second defendant's non-appearance in the current trial.

When both defendants appeared in the High Court before former Chief Justice Dato Seri Paduka Mohammed Saied, their pleas were taken and a trial date was scheduled.

The Magistrate's record showed that the former Chief Justice had ordered that the defendants were to be released on bail "...on the same terms" during the High Court proceedings and that no new bail bond was executed by either defendant at that time.

With evidence presented to the High Court, both sureties said that they have never been informed of the dates of the current trial or the dates of the first trial by either the prosecution or the High Court Registry.

The High Court Judge said that the sureties should have been informed as their bond is with the High Court, adding that the responsibilities lie with the chief registrar to ensure the sureties abide by their obligations.

When the former Chief Justice made the order for a new trial to begin on February 26, 2009, a fresh bond should also have been taken, he added. 'All these things could and should, have been done, for some reason they were not. So far as the second defendant is concerned, it is too late now to do anything about it," said the High Court Judge. -- Courtesy of The Brunei Times

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