Judicial Commissioner Orders Retrial in Corruption Case Involving Former RTB Officials
Bandar seri begawan: The Honourable Judicial Commissioner Haji Abdullah Soefri bin Pehin Orang Kaya Saiful Mulok Dato Seri Paduka Haji Abidin has allowed the Public Prosecutor’s appeal against the acquittal of Haji Muhammad Suffian bin Haji Bungsu and Jonathan Kho Chew Sen. The respondents were previously tried in the Magistrates’ Court for offences under Sections 6(a) and 6(b) of the Prevention of Corruption Act, Chapter 131, as well as alternative charges under Section 165 and Section 109 read with Section 165 of the Penal Code, Chapter 22.
According to Radio Television Brunei, at the time of the alleged offences, Haji Muhammad Suffian held the position of Director of Radio Television Brunei (RTB), Prime Minister’s Office, while Jonathan Kho served as the Assistant Head of Editorial News and Current Affairs at RTB. The case centered around a Mercedes-Benz C200 CGIAMG Sports, valued at BND66,800, which Jonathan Kho allegedly gave to Haji Muhammad Suffian as a form of gratification to secure his appointment as the Acting Head of News and Current Affairs at RTB.
During the initial trial, the magistrate accepted the defence’s argument that the car was merely an interest-free loan unrelated to Kho’s appointment at RTB, despite no repayments being made. Consequently, both respondents were acquitted on 6th March 2025.
Upon appeal, the Judicial Commissioner determined that the trial magistrate had erred in her interpretation of the presumption under the Prevention of Corruption Act, which states that any proven gratification is presumed corrupt unless disproven. The Commissioner found that the magistrate failed to ascertain whether this presumption was effectively rebutted by the respondents and did not evaluate the evidence comprehensively using an objective standard of a reasonable person to determine corrupt intent. As a result, the High Court nullified the acquittals and ordered a retrial on all main and alternative charges. Deputy Public Prosecutors Hajah Suriana binti Haji Radin and Nurul Fitri binti Kiprawi represented the Public Prosecutor in the proceedings.
The respondents were defended by Roy Prabhakaran and Kamal bin Shaari of MESSRS Yusof Halim and Partners.