The Honourable Judicial Commissioner Haji Abdullah Soefri bin Pehin Orang Kaya Saiful Mulok Dato Seri Paduka Haji Abidin, TODAY allowed the Public Prosecutor's appeal against the acquittal of Haji Muhammad Suffian bin Haji Bungsu and Jonathan Kho Chew Sen. The respondents claimed trial in the Magistrates' Court for offences under Sections 6(a) and 6(b) of the Prevention of Corruption Act, Chapter 131, and alternative charges under Section 165 and Section 109 read with Section 165 of the Penal Code, Chapter 22.
At the time of the alleged offences, Haji Muhammad Suffian was the Director of Radio Television Brunei (RTB), Prime Minister's Office, and Jonathan Kho was the Assistant Head of Editorial News and Current Affairs, RTB.
The case involved a Mercedes-Benz C200 CGIAMG Sports valued at BND66,800 given by Jonathan Kho Chew Sen to Haji Muhammad Suffian bin Haji Bungsu which was alleged to be gratification for securing his appointment as the Acting Head of News and Current Affairs at RTB.
At the end of the trial, the trial magistrate accepted the defence case that the car was an interest-free loan that had no connection to Jonathan Kho's appointment in RTB, though there was never any repayment. Both respondents were acquitted on 6th March 2025.
On appeal, the Honourable Judicial Commissioner held that the trial magistrate had misdirected herself on the presumption under the Prevention of Corruption Act, that any gratification proven to have been given or received is corrupt unless the contrary is shown. It was further held that the trial magistrate did not decide whether this presumption had been successfully rebutted by the respondents, and that the trial magistrate failed to assess the evidence in totality based on the objective test of a reasonable man when determining corrupt intent. The High Court set aside 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 appeared for the Public Prosecutor.
The respondents were represented by Roy Prabhakaran and Kamal bin Shaari of MESSRS Yusof Halim & Partners.
