(Bandar Seri Begawan, 23rd) The Judicial Commissioner yesterday granted prosecutors' appeal against the acquittal of Mohamad Sufian and Jonathan Hii Chau Soon.
The defendants were tried in court on charges of violating Sections 6(a) and 6(b) of the Prevention of Corruption Act, Chapter 131, as well as alternative charges under Sections 165 and 109 (read with Section 165) of the Penal Code, Chapter 22. At the time of the alleged offenses, Mohamad Sufian was Director of Radio Television Brunei (RTB), while Jonathan Hii Chau Soon was Assistant Chief of News and Current Affairs at RTB.
The case involved Jonathan Hii Chau Soon gifting Mohamad Sufian a Mercedes-Benz C200 CGI AMG sports sedan worth $66,800. It was alleged that Sufian received this as a reward for his appointment as Acting Head of News and Current Affairs at RTB.
At the end of the trial, the presiding judge accepted the defense’s argument that the car was an interest-free loan unrelated to Jonathan Hii Chau Soon’s appointment at RTB, even though Sufian had never repaid any amount. Both defendants were acquitted on March 6.
Upon appeal, the Judicial Commissioner ruled that the trial judge had misdirected the presumption under the Prevention of Corruption Act—which holds that, unless there is evidence to the contrary, any proven giving or receiving of a reward constitutes corruption.
The court further found that the trial judge failed to determine whether the defendants had successfully rebutted this presumption, and had not fully evaluated the evidence objectively on whether there was a corrupt intent, using the reasonable person standard. The High Court overturned the acquittal and ordered a retrial on all primary and alternative charges.
The defendants were tried in court on charges of violating Sections 6(a) and 6(b) of the Prevention of Corruption Act, Chapter 131, as well as alternative charges under Sections 165 and 109 (read with Section 165) of the Penal Code, Chapter 22. At the time of the alleged offenses, Mohamad Sufian was Director of Radio Television Brunei (RTB), while Jonathan Hii Chau Soon was Assistant Chief of News and Current Affairs at RTB.
The case involved Jonathan Hii Chau Soon gifting Mohamad Sufian a Mercedes-Benz C200 CGI AMG sports sedan worth $66,800. It was alleged that Sufian received this as a reward for his appointment as Acting Head of News and Current Affairs at RTB.
At the end of the trial, the presiding judge accepted the defense’s argument that the car was an interest-free loan unrelated to Jonathan Hii Chau Soon’s appointment at RTB, even though Sufian had never repaid any amount. Both defendants were acquitted on March 6.
Upon appeal, the Judicial Commissioner ruled that the trial judge had misdirected the presumption under the Prevention of Corruption Act—which holds that, unless there is evidence to the contrary, any proven giving or receiving of a reward constitutes corruption.
The court further found that the trial judge failed to determine whether the defendants had successfully rebutted this presumption, and had not fully evaluated the evidence objectively on whether there was a corrupt intent, using the reasonable person standard. The High Court overturned the acquittal and ordered a retrial on all primary and alternative charges.