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In The Court

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Criminal Asset Recovery Order, 2012


 April 30th, 2022  |  09:53 AM  |   567 views



The Public Prosecutor's applications against Ramzidah binti Pehin Datu Kesuma Diraja Retired Colonel Hj Abdul Rahman, First Respondent and Hj Nabil Daraina bin Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Hj Awg Badaruddin, Second Respondent for a confiscation order and benefit recovery order under the Criminal Asset Recovery Order, 2012 were heard before the Honourable Judicial Commissioner of the Supreme Court Justice Edward Timothy Starbuck Woolley by teleconference yesterday.


After a trial in the High Court in 2019, the First Respondent was convicted of criminal breach of trust of $15,781,292.24, committed over 14 years and money laundering offences. Meanwhile, the Second Respondent was convicted of three money laundering offences amounting to 470 thousand dollars. The Public Prosecutor applied for monies amounting to $436,352.41 in 12 bank accounts, 19 vehicles valued at $1,568,000 and 456 luxury items including watches, handbags, accessories and shoes valued at $956,255 to be declared as tainted property. The Court granted the application and ordered for these properties valued at a total of $2,919,155.41 to be confiscated. All amounts recovered will be paid into the Criminal Asset Confiscation Fund.


In addition, the Court granted the Prosecutor's application for the First Respondent to pay to the Government of Brunei Darussalam the remaining sum of $12,924,334.15, she benefited from her misappropriation which was not recovered from the confiscation. Meanwhile, the Second Respondent was ordered to pay to the Government $480,708.84 which he benefited from the First Respondent's criminal breach of trust. The amounts ordered took into account the changes in the value of money and inflation. If they fail to pay the sums ordered by the Court within 9 months, the First Respondent will serve an additional 7 years and 6 months imprisonment after the 15 years imprisonment she is currently serving and the Second Respondent will serve an additional 3 years imprisonment after the 7 years and 6 months imprisonment he is currently serving.


The Respondents were also ordered to pay costs for both the confiscation and benefit recovery applications in the sum of 80 thousand dollars to the Public Prosecutor within 3 months. The Public Prosecutor was represented by Dato Seri Setia Davinder Singh S.C and assisted by Deputy Public Prosecutors Hjh Suriana Hj Radin and Dk Didi-Nuraza Pg Hj Abdul Latiff, and counsels from Davinder Singh Chambers LLC, Navin Thevar, Tan Ruo Yu and Ayana Ki. Investigations on the recovery of the assets held by both Respondents were carried out by the Anti-Corruption Bureau. Sheikh Noordin bin Sheikh Mohammad represented both Respondents.






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