NCB makes 3,464 arrests in 5 years

Rasidah HAB
BANDAR SERI BEGAWAN

THE Narcotics Control Bureau (NCB) made a total of 3,464 drug arrests in the past five years, with unemployed people making up the majority of offenders.

NCB’s statistics from 2010 to 2015 showed that 56.8 per cent of individuals arrested for drug violations were jobless.

A total of 416 unemployed people were caught for drug offences last year, compared to 347 in 2014.

NCB also arrested 109 students for drug violations from 2010 to 2015, it said in a statement to The Brunei Times.

The figures also indicated that 575 Bruneians were caught for drug offences last year, up from 501 in the preceding year.

There was also a higher number (832) of private sector employees who were arrested for drug offences compared to 281 civil servants for the past five years.

The bureau said 93 per cent (3,256) of the arrests were made under Section 6(b) for consumption of controlled drug.

Despite more Bruneians caught for substance abuse, NCB said the drug situation in the country is “under control” compared to other countries in the region.

“Drug-related arrests constitute only 0.15 per cent of Brunei’s total population in 2013 and 0.14 per cent in 2014 (population of 411,900),” the bureau added.

Some of the drug offences included trafficking a controlled drug, possession of controlled drugs for the purpose of trafficking, import and export of controlled drugs, possession of utensils for consumption of controlled drugs and cultivation of cannabis, opium and coca plants.

Syabu or methamphetamine is still the most consumed drugs in Brunei for the past five years, followed by cannabis, nimetazepam, ketamine, ecstasy and inhalants.

NCB went on to say that it continues to strengthen border security even though there had been no cases of international drug syndicate couriers arrested in Brunei since 2014. The bureau said it is working with other law enforcement agencies to step up control at border checkpoints to monitor any drug trafficking activities.

“Measures are taken through efforts in the gathering of intelligence and conducting operational activities at targeted areas based on the information gathered.

“This includes joint operations conducted with other law enforcement agencies,” the bureau said.

It added that preventive drug awareness programmes to the public are carried out, while a supervision scheme had been implemented to guide and counsel recovering drug users and to reintegrate them into the society. NCB also provides treatment and rehabilitation programmes at Al-Islah Rehabilitation Centre through its therapeutic community programme that focuses on behavioural change.


Sumber - The Brunei Times

‘Kg Panchor’s rows of vacant units worrisome’

Darren Chin
BRUNEI-MUARA

RESIDENTS of the Kg Panchor National Housing Scheme have voiced concerns that the number of yet unoccupied houses will only give rise to social ills if they continue to be left vacant.

When visited by The Brunei Times yesterday, rows of terraced and semi-detached houses were still vacant two years after being completed in March 2014.

Some houses were missing windows and concrete drain covers and a few of the front doors were either unlocked or left slightly open.

A resident of the housing scheme, Mohammad Hj Tahir, said he believes the vacant houses are easy targets for thieves.

“When I moved in about half a year ago, I already heard complaints from neighbours that their houses had been missing windows or even ceiling fans when they wanted to move in initially, so they had to request for replacements which cost the government money unnecessarily,” said the 56-year-old.

“Also, the vacant houses which have been left unlocked for some reason are making it easy and inviting perhaps to some people who might be looking for a place to commit social ills such as drug-taking or fornication - not that I’m saying that these things happen regularly,” he said.

Mohammad, who is a veteran of the Fire and Rescue Department, said the unkempt state of the exterior of the vacant houses could also attract unwanted pests such as snakes which could endanger local residents.

“Based on my many years of experience on the job catching all sorts of animals, the tall lalang grass like that growing around the vacant houses is usually where snakes could be hiding,” he said.

“Most of the time, it’s usually a harmless python. But there’s always a possibility of someone dying from a poisonous snake bite like in Malaysia,” he said, referring to a 7-year-old girl who recently died after she was bitten by a snake in the state of Kelantan.

Another resident, who wished only to be identified as Alif, said security measures have been relaxed over the last few months and that crime could be deterred in the area if the houses are all filled.

“Currently there are police patrols in the area, which I’m grateful for. But I remember security was more strict when I first moved in a year ago as construction workers would set up barricades and patrol the area themselves. But that’s no longer being done,” he said.

“I’m unsure why many units have been vacant for this long, but I trust that the housing authorities will approve the applications and draw lots (to determine the applicants who get the houses) soon so that they will be filled as the vacant houses could encourage thieves to take advantage of the situation while security is relatively lax,” he said.

Diana Asai, who moved into her terraced unit in the housing scheme in October last year, said that having a village head specifically for the residents of the 4,000 houses in the Kg Panchor National Housing Scheme would be helpful.

“Currently, there is no village head for this national housing scheme. But if there was one like in other older national housing schemes in the country, it would be helpful as he could organise neighbourhood watch patrols, especially around the rows of vacant houses,” she said.


Sumber - The Brunei Times

Selayun vendors concerned at number of foreign sellers

Vendors at Pasar Tani Selayun, popularly known by locals as Pasar Borong Selayun, have expressed
their dissatisfaction at the number of non-locals who are illegally operating stalls at the market.

Wail Wardi Wasil
BRUNEI-MUARA

LOCAL vendors at the Pasar Tani Selayun have expressed grievances over the rising number of foreigners working as illegal vendors at the marketplace.

Siti Aida Abdullah, a local vegetable vendor, told The Brunei Times that the majority of vendors operating in the market are non-locals.

“Just by observation, (I estimate that) 70 per cent of stall operators in the market are non-locals and that means that only the remaining 30 per cent are locals,” she said.

The 56-year-old added: “These non-locals are not disruptive individuals (but) I feel that they are taking business opportunities away from locals.”

Nur Ni’mah Qistina Abdullah Saban who has been selling vegetables at the market for nine years said all of the non-local vendors are working under different employment passes as most of them are domestic workers and farm care-takers.

According to her, there have been numerous operations conducted by the Labour Department and the Immigration and National Registration Department (JIPK) on a monthly basis.

Under JIPK’s regulations, foreign workers are only allowed to do work that is according to what is written in their employment passes.

“For some reason, the non-local stall operators always seem to know when there will be an operation about to be conducted (so) they hide away during the operation and return once government officials have left the market,” said the 38-year-old.

She added that the non-local vendors tend to return to their stalls and resume their operations even when they have been detained during operations conducted by the government authorities.

Meanwhile another Pasar Tani Selayun vendor, Hilmi Salleh, noted  that foreign workers themselves should not take the overall blame.

She stressed that it is the employer’s responsibility to be well informed and to adhere to the labour laws that exist in the country.

She said that if the employers of the non-local vendors are unwilling to sell their produce at the market, then the least they could do is to hire locals to sell their produce for them, as to avoid breaking labour laws.


Sumber - The Brunei Times

Drugs rehab centre sees rise in self check ins

The Al-Islah Rehabilation Centre located at Kg Kupang, Tutong

Izzati Jalil
BANDAR SEI BEGAWAN

THE number of drug addicts who voluntarily checked into the Al-Islah Rehabilation Centre has tripled over the past four years, data from the Narcotics Control Bureau (NCB) showed.

A total of 32 drug addicts entered rehab themselves last year, up from just nine voluntary admissions in 2012.

According to NCB, a total of 94 Bruneian drug addicts had sought treatment from 2012 to 2015.

Out of the 94 drug addicts who voluntarily entered Al-Islah, 83 were males and 11 were females, with a majority of them of Malay ethnicity.

Statistics also showed that out of the 94 self-admitted drug addicts, 68 per cent of them were unemployed, while eight were self-employed and two were working in the government sector.

Meanwhile, figures from NCB showed that there were 17 students arrested for drug offences last year.

Out of the students, only three of them checked into Al-Islah Rehabilitation Centre.

Acting Assistant Director of the Preventive Drug Education Division Raimawati Hj Badarudin said young people are more prone to drug abuse as a result of peer pressure.

Speaking on the sidelines of NCB’s roadshow at Sultan Saiful Rijal Technical College yesterday, she advised parents to ensure their children remain drug-free by being a part of their lives and set a good example to their children.

“Keeping track of your children helps you protect them. It gives them less chance to get into drugs, so talk to them and be their friend but also set some boundaries,” she said.

It was previously reported that self admitted drug addicts stay at the Al-Islah Rehabilitation Centre from six to 36 months and are only released when the centre’s officers felt they were ready.

Both male and female quarters have their own facilities including a courtyard, a library, a counselling room and a kitchen.

Family members of people with substance abuse problems are allowed visitation rights once a week.


Sumber - The Brunei Times

Usaha tangani rasuah dipergiat

Oleh Rafidah Jumat & Sim Y.H

BANDAR SERI BEGAWAN, 4 Feb – Jabatan Peguam Negara dengan kerjasama Biro Mencegah Rasuah dan Jabatan Perdana Menteri, dalam menangani rasuah, telah menggubal Perintah Pencegahan Rasuah (Pindaan), 2015 yang berkuat kuasa pada 22 September 2015, dengan tujuan untuk meningkatkan integriti dan kejujuran dalam kalangan pegawai-pegawai awam.

Rasuah boleh berlaku dalam pelbagai bentuk termasuk penyogokan, pemerasan, pengaruh, penipuan dan penggelapan wang, termasuk dalam bentuk penyalahgunaan kuasa.

Bab 12A baru akan menjadikannya suatu kesalahan bagi pegawai awam menggunakan dana awam untuk tujuan peribadi, memberikan layanan keutamaan yang tidak wajar, menyalahgunakan maklumat yang diperoleh semasa menjalankan kewajipannya atau berkelakuan dengan cara yang akan menyebabkan kepentingan peribadinya bercanggahan dengan kewajipan awamnya.

Bab 12B pula memperkenalkan kesalahan salah laku dengan sengaja atau lalai melaksanakan kewajipan yang membawa kepada penyalahgunaan amanah awam terhadap pemegang jawatan.

Peguam Negara, Yang Berhormat Datin Seri Paduka Hajah Hayati binti POKSDSP Haji Mohd Salleh berkata kesalahan-kesalahan di bawah bab itu boleh dilakukan tanpa menerima suapan atau manfaat kewangan.

Menurut beliau, seorang pegawai awam boleh didapati bersalah atas kesalahan itu jika dia terlibat dalam penyalahgunaan kuasa atau budi-bicara, penyalahgunaan tugas rasmi atau kegagalan mengisytiharkan sebarang percanggahan kepentingan.

Yang Berhormat Datin menekankan perkara ini semasa menyampaikan ucapan pada Majlis Pembukaan Tahun Undang-Undang 2016, yang berlangsung di Mahkamah Tinggi, Bandar Seri Begawan, hari ini.

Beliau seterusnya berkata, dalam menjalankan pembaharuan untuk mempelbagaikan ekonomi, Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan dan Yang Di-Pertuan Negara Brunei Darussalam telah memperkenankan bagi penubuhan jawatankuasa yang bertanggungjawab melaksanakan pembaharuan bagi menjadikan negara ini lebih menarik bagi pelabur-pelabur asing.

“Untuk mewujudkan keyakinan pelabur, kita bukan sahaja perlu mempunyai persekitaran politik dan ekonomi yang baik, malah penting untuk mempunyai infrastruktur undang-undang yang berkesan dan bebas untuk melindungi hak pelabur.

“Kita juga mesti mempunyai undang-undang yang memupuk persekitaran pro-perniagaan dan pro-pelabur, dan antaranya Perintah Ketidaksolvenan, 2016; draf Perintah Transaksi Bercagar, 2016; Aturan-aturan dari Aturan-aturan Mahkamah Besar (Pindaan), 2015; draf Perintah Keselamatan Kebakaran, 2015 dan draf Perintah Akta Lesen Perniagaan (Pindaan) 2015,” katanya.

Mengenai integriti, ujarnya, satu lagi pertimbangan penting yang mempengaruhi keputusan pelabur dalam memilih destinasi pelaburan adalah tahap rasuah di sesebuah negara.

Kajian telah menunjukkan rasuah mempunyai kesan negatif kepada tahap pelaburan, pertumbuhan ekonomi dan memberi kesan kepada pertumbuhan PKS. Banyak kajian juga menunjukkan bahawa negara-negara dengan tahap rendah rasuah menarik lebih FDI per kapita.

Yang Berhormat Datin dalam ucapannya turut memuji pelbagai usaha yang dibuat oleh Autoriti Monetari Brunei Darussalam (AMBD) dan agensi-agensi lain dalam memerangi penggubahan wang haram, pembiayaan keganasan dan jenayah kewangan yang semakin bertambah. Menurut beliau, pihaknya juga telah membantu kementerian-kementerian dan jabatan-jabatan kerajaan dalam rundingan panjang bagi Perjanjian Perkongsian Trans-Pasifik (TTP) yang dibuat pada 5 Oktober 2015, terutamanya dalam memastikan perjanjian itu mengikut kehendak pihaknya dan tidak bercanggah dengan dasar negara, kedaulatan dan perlembagaan Brunei.

Yang Berhormat Datin yang turut mengalu-alukan penubuhan mahkamah komersial, telah berkongsi tiga ciri penting komposisi Mahkamah Komersial iaitu pandangan antarabangsa, kemahiran dan pengetahuan komersil dan simpati timbang tara.

Dengan aliran perdagangan dan pelaburan merentas sempadan di Asia, TPP dan lain, diharap akan dapat mempergiatkan semula perdagangan dan pelaburan, tambahnya.


Sumber - Media Permata

Major court cases in 2015

Syazwan Sadikin
BANDAR SERI BEGAWAN

CORRUPTION cases made the headlines throughout 2015, which also saw a man convicted of sexual grooming for the first time in Brunei.

Corruption

A former law enforcer, Khairur Rijal Hj Abd Salim, was charged with corruption for allegedly accepting a car from a Malaysian contractor at the Magistrates’ Court in March.

Khairur Rijal, who was head at the Special Investigation Unit, was accused of accepting a Toyota Hilux, from Malaysian national Liew Say Koo, managing director of Say Koo (Liew) Sdn Bhd and L&E Contractor in 2012.

The bribe was a reward for assisting Liew to repeatedly enter and exit Brunei between 2011 and 2013. Liew was prohibited from entering Brunei as he was convicted of causing the death of his wife.

However, the 38-year-old former head of Special Investigation Unit was issued a detention order under the Internal Security Act in April after he was found to have abused his power and conspired with criminals.

Under the Internal Security Act, the government can detain suspects without trial.

The case also prompted His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah, the Sultan and Yang Di-Pertuan of Brunei Darussalam, to criticise the Royal Brunei Police Force for corrupt practices.

In another corruption trial that lasted for more than three years, the former surveyor-general was found guilty and ordered to be locked behind bars for four years.

Hj Mohammed Jamil Hj Mohammed Ali was found guilty of four counts of corruptly accepting $7,155.31 in bribes, to vary tender specifications for a government spatial mapping project.

The former surveyor-general had accepted six return plane tickets, bill payments for car servicing, mobile phone chargers and broadband Internet from Puah Heng Yew of Selective Powertech Consulting.

Hj Mohammed Jamil was also found guilty of all 16 charges under Section 165 of the Penal Code, which forbids public servants from obtaining “valuable things” in the line of duty.

Puah was found guilty of bribing the surveyor-general as an inducement or reward to vary tender specifications for a e-government project.

The court further found Puah guilty of abetting the commission of offences that were committed by the surveyor-general.The Intermediate Court also sentenced Puah to four years in jail.

Meanwhile, eight current and former employees of Brunei Shell Petroleum were each charged with corruptly accepting bribes for the delivery of goods.

In total, more than $800,000 was allegedly accepted by Awang Salehen, Muhammad Azam Zaki, Aidah Tengah, Hjh Latifah Junaidi, Hjh Asnah Hj Salran, Rosli Simon, Sabeli Ismail and Mohd Faisal Hj Ismail.

All of the defendants claimed trial over the multiple corruption charges after they pleaded not guilty to all charges. The trial is expected to continue next year.

Death penalty

The High Court earlier this year sentenced a Filipino man to death by hanging after the 31-year old was found guilty of murder.

In 2013, Cyrille Navarro Tagapan, 31, was charged with the murder of Abdullah Hj Hamid on August 1, 2012.

The High Court heard that Tagapan had used a knife with considerable force to inflict three deep cuts on Abdullah’s neck.

Sex offender

A 28-year-old man became the first person in Brunei to be charged with sexual grooming since new laws targeting sexual predators were introduced in 2012.

Mohammad Shahdon Mohammad Ramlee pleaded guilty to the charge and 17 counts of sex offences involving two underaged boys.

He had admitted to two counts of sexually grooming the boys, 15-year-old A and 14-year-old B, when he met them at separate occasions to commit sexual offences.

The defendant further pleaded guilty to three counts of outraging the modesty of the boys; six counts of recording obscene videos and taking obscene photos of A; and distributing pornographic videos and photos of the victim within a chat group comprising schoolchildren and friends of A.

Shahdon also pleaded guilty to two counts of sodomy and lodging a false report to the Women and Children Abuse Investigation Unit, which was investigating the case.

He had admitted to three counts of being involved in sexual activities in the presence of A and B.

Shahdon is currently serving a nine-year imprisonment term and six strokes of the cane.

‘Unnatural deaths’

Two cases of “unnatural deaths” were reported when the defendants were in custody. Both defendants were facing the death penalty.

Remia Hj Abd Raub, 32, was charged with committing mischief by fire or explosive substance with the intent to cause damage when he set a mattress on fire by using a lighter at the house, knowing that it will cause damage to the property and, in doing so, caused the death of a two-year-old girl.

However, the prosecution withdrew the charge after the suspect had died while in police custody when investigations were being conducted.

In another case, a suspect died in custody after he was accused of murder. Police had confirmed on May 26 that Muhammad Hakimi Rizal Abdullah @ Eyan Anak Beritin, was found dead in his cell. He was 33 years old.

Muhammad Hakimi was charged with the murder of 43-year-old Ispawi Idris at a house in Belait’s Pandan 7 National Housing Scheme on May 20, together with co-accused Muhammad Zulkifli Abdul Jalil, 27.

What lies ahead

Muhammad Zulkifli’s murder charge is set for a preliminary inquiry on March 21, 2016.

The High Court and Magistrates’ Court recently set the trial against eight current and former employees at BSP some time next year.

Meanwhile, the eight Malaysians and two Indonesians charged with unlawful gathering on August 29 are expected to start their trial in April 2016.

A 50-year-old man will also be back in court in January to face two charges of raping his 17-year-old daughter in Tutong.


Sumber - The Brunei Times

Rasuah: 3,062 kes disiasat, 344 individu didakwa

BANDAR SERI BEGAWAN, 8 Dis – Sejak penubuhan Biro Mencegah Rasuah (BMR) pada tahun 1982, sebanyak 3,062 kes telah disiasat yang merangkumi kesalahan rasuah; seperti dalam memberi dan menerima rasuah, pecah amanah, menghadapkan tuntutan palsu, penipuan, dan layanan seksual.

Daripada jumlah kes tersebut, 344 individu dan dua buah syarikat telah dihadapkan ke mahkamah dengan 247 individu dan dua syarikat disabitkan kesalahan di mahkamah dan dijatuhi hukuman penjara serta denda.

Statistik ini dikongsikan dalam kenyataan yang dikeluarkan oleh BMR, hari ini, sempena Hari Anti Rasuah Antarabangsa 2015.

Menurut kenyataan itu lagi, selain daripada jumlah kes yang disabitkan di mahkamah, seramai 210 orang pegawai dan kakitangan perkhidmatan awam, telah diambil tindakan tatatertib kerana melanggar pelbagai kesalahan hasil daripada penyiasatan oleh BMR.

Tindakan tatatertib yang diambil adalah seperti ditamatkan perkhidmatan, penggantungan kerja, penurunan pangkat, pengurangan bonus tahunan, dan penurunan penilaian prestasi mereka.

Jenis kesalahan yang dilakukan oleh pegawai dan kakitangan awam termasuklah menyalahgunakan kedudukan mereka untuk kepentingan peribadi, pertentangan kepentingan kerana pilih kasih dalam urusan rasmi mereka sebagai pegawai kerajaan.

Menurut kenyataan itu lagi, Hari Anti Rasuah Antarabangsa disambut pada 9 Disember setiap tahun untuk memperingati tarikh deklarasi Konvensyen Pertubuhan Bangsa-bangsa Bersatu Menentang Rasuah (UNCAC).

Tarikh ini adalah sangat bermakna yang mana ia menandakan pencapaian bagi negara-negara ahli dalam pelaksanaan undang-undang antarabangsa pertama menentang rasuah.

Dengan penerimaan UNCAC sebagai undang-undang global memerangi rasuah, sebanyak 178 buah negara termasuk Negara Brunei Darussalam telah menjadi ahli kepada konvensyen tersebut.

Kenyataan itu berkata, antara objektif memperingati Hari Anti Rasuah Antarabangsa ini adalah untuk meningkatkan kesedaran mengenai gejala rasuah dan peranan konvensyen ini dalam menentang dan mencegah rasuah.

Tahun ini, Program Pembangunan Pertubuhan Bangsa-bangsa Bersatu (UNDP) dan Pejabat Pertubuhan Bangsa-bangsa Bersatu mengenai Dadah dan Jenayah (UNODC) telah menetapkan bahawa tema tahun ini adalah ‘Memutuskan Rantaian Rasuah’ (Break the Corruption Chain).

Kempen bersama antarabangsa bagi tahun 2015 memfokuskan bagaimana rasuah boleh melemahkan demokrasi dan kedaulatan undang-undang, membawa kepada pencabulan hak asasi manusia, menjejaskan pasaran, penghakisan kualiti kehidupan dan membolehkan jenayah terancang, pengganasan dan lain-lain ancaman keselamatan untuk berkembang.

Dalam hal ini, kerajaan, sektor swasta, badan bukan kerajaan, media dan orang awam memainkan peranan penting dalam menentang rasuah dan perlu bersatu untuk ‘Memutuskan Rantaian Rasuah.’

Menurut UNODC, setiap tahun sejumlah AS$1 trillion telah dibayar untuk kegiatan rasuah manakala kira-kira AS$2.6 trillion telah dicuri melalui kegiatan rasuah – satu jumlah yang sama dengan lebih 5 peratus daripada Keluaran Dalam Negara Kasar (GDP) global.

Sebagai tambahan, UNDP menganggarkan bahawa jumlah dana yang hilang akibat rasuah adalah 10 kali ganda jumlah bantuan pembangunan.

Rasuah bukan sahaja mencuri wang daripada di mana ia diperlukan, malahan ia membawa kepada tadbir urus yang lemah, dengan sendirinya mendorong kepada rangkaian jenayah terancang dan menggalakkan jenayah merentasi sempadan seperti penyeludupan manusia, senjata dan penyeludupan migran dan pemalsuan wang.

Rasuah memberi kesan kepada semua di mana ia melemahkan pertumbuhan ekonomi, pembangunan sosial dan menyumbang kepada ketidakstabilan kerajaan.

Dalam usaha memutuskan rantaian rasuah, adalah penting untuk kita sedari bahawa pencegahan dan menentang rasuah memerlukan pendekatan menyeluruh dimana melibatkan akauntabiliti dan ketelusan serta penyertaan daripada pelbagai lapisan masyarakat.

Peranan kerajaan, sektor swasta, pertubuhan masyarakat awam, media dan orang ramai adalah digesa untuk bekerjasama dalam membendung gejala rasuah. Pihak yang berkepentingan adalah digesa untuk bekerjasama dalam usaha memerangi dan mencegah rasuah.


Sumber - Media Permata

Perangi rasuah secara menyeluruh

Oleh Imelda Groves HA

BANDAR SERI BEGAWAN, 1 Dis – Undang-undang dan penguatkuasaan secara berkesan di samping dengan pencegahan dan pendidikan amat penting ke arah usaha memerangi gejala rasuah.

Timbalan Menteri di Jabatan Perdana Menteri, Dato Paduka Haji Hamdan bin Haji Abu Bakar menegaskan, undang-undang bagi kesalahan rasuah harus diteliti dari semasa ke semasa bagi memastikan ia kekal relevan dan boleh diguna pakai.

Menurut beliau, usaha mencegah dan memerangi rasuah memerlukan tindakan strategik dan holistik antara pihak-pihak berkaitan. Kejayaannya secara berkesan bergantung kepada tindakan bersepadu semua pihak meliputi sektor awam dan sektor swasta serta kerjasama dan komitmen semua organisasi, institusi belia dan masyarakat.

Katanya, inilah kunci utama ke arah merealisasikan hasrat negara untuk melakar masa depan yang tidak bertolak ansur terhadap jenayah rasuah.

Dato Paduka Haji Hamdan menyatakan perkara ini ketika berucap di Majlis Perasmian Mesyuarat Negara Anggota Asia Tenggara Memerangi Rasuah (SEA-PAC) kali ke-11 anjuran Biro Mencegah Rasuah (BMR) yang berlangsung di sebuah hotel terkemuka di Gadong, hari ini.

Beliau seterusnya menyentuh mengenai Laporan World Bank Group, bertajuk ‘The Cost of Corruption,’ yang mana pada tahun 2013 dianggarkan bahawa jumlah rasuah yang dibayar dalam negara membangun dan negara-negara maju berjumlah AS$1 trilion atau 3 peratus daripada Keluaran Dalam Negara Kasar (KDNK) global.

Katanya, itulah jumlah besar wang rasuah, mengambil pelbagai bentuk rasuah bukan sahaja antara sektor swasta tetapi juga yang diterima oleh ahli rasuah sektor awam.

“Saya percaya bahawa tidak ada perbezaan dibuat dengan rasuah kecil atau besar, memerangi rasuah hendaklah dibuat secara menyeluruh. Oleh itu, mengambil undang-undang dan penguatkuasaan yang berkesan dilengkapi dengan pencegahan serta pendidikan adalah penting dalam memerangi dan mencegah jenayah ini,” ujarnya lagi.

Terdahulu Setiausaha Tetap (Undang-undang dan Kesejahteraan), di Jabatan Perdana Menteri, Dato Paduka Haji Mohd Juanda bin Haji A. Rashid yang juga selaku Pengarah Biro Mencegah Rasuah dalam ucapannya menjelaskan hampir seperlima penduduk dunia berumur antara 15 dan 24 tahun generasi muda berpotensi untuk menghalang gejala rasuah selaku rakyat pada hari ini dan selaku pemimpin pada hari esok.

Di majlis tersebut diadakan perbincangan oleh dua orang ahli panel, terdiri daripada Ketua Pegawai Integriti Petroleum Nasional Berhad Malaysia dan Penolong Pengarah Hubungan Masyarakat Suruhanjaya Bebas Terhadap Rasuah Hongkong, Republik Rakyat China.

Kedua-dua ahli panel antaranya membincangkan pentingnya pendidikan moral pada peringkat awal usia serta langkah pencegahan rasuah dalam kalangan belia-belia.

Mesyuarat yang diadakan selama tiga hari itu dipengerusikan oleh Dato Paduka Haji Mohd Juanda dan akan membincangkan beberapa perkara yang berhubung kait dengan strategi dan amalan-amalan terbaik dalam langkah pencegahan rasuah menerusi pendidikan dan penglibatan belia.

SEA-PAC ini dilaksanakan berdasarkan Artikel 48 Undang-undang Penguatkuasaan Kerjasama Konvensyen Bangsa-bangsa Bersatu Menentang Rasuah (UNCAC).

Artikel tersebut menyatakan bahawa, ‘pihak negeri hendaklah bekerjasama rapat dengan satu sama lain, selaras dengan sistem undang-undang dan pentadbiran negeri masing-masing untuk meningkatkan keberkesanan tindakan penguatkuasaan undang-undang untuk memerangi kesalahan di bawah konvensyen itu.

Mesyuarat tersebut menyediakan satu platform untuk ahli-ahli SEA-PAC berkongsi dan mempelajari amalan terbaik yang diguna pakai oleh agensi-agensi anti rasuah dan meneroka cara-cara terbaru dan inovatif dalam menyemai budaya hidup berintegriti dan moral yang tinggi dalam kalangan belia serta masyarakat untuk mencegah mereka daripada jatuh ke dalam ancaman rasuah.

Negara Brunei Darussalam telah menandatangani Memorandum Persefahaman (MoU) mengenai Kerjasama Pencegahan Rasuah dan Pembasmian dengan agensi-agensi anti rasuah dari Malaysia, Singapura dan Indonesia pada 15 Disember 2004.

Hari ini, MOU tersebut telah diperluaskan kepada agensi pencegahan rasuah dari 10 buah negara ASEAN.

SEA-PAC telah ditubuhkan dengan objektif untuk mewujudkan dan mengukuhkan kerjasama terhadap rasuah dalam kalangan agensi anti rasuah dan untuk meningkatkan kapasiti dan pembangunan institusi dalam kalangan agensi anti rasuah dalam mencegah dan memerangi rasuah.


Sumber - Media Permata

‘Petty or grand corruption is perilous’

Quratul-Ain Bandial
BANDAR SERI BEGAWAN

NO DISTINCTION should be made between petty or grand corruption as both are serious crimes that can lead to malfunctioning state institutions, said the deputy minister at the Prime Minister’s Office.

Speaking at a regional anti-corruption meeting held in the capital yesterday, Dato Paduka Hj Ham-dan Hj Abu Bakar said corruption is a global problem that undermines social and economic development.

Citing a World Bank report, the deputy minister said the estimated amount of bribes paid globally totalled US$1 trillion in 2013, equal to three per cent of global GDP. “This is a huge amount of corrupt money, taking the many forms of bribes not only between private sectors, but also that being received by corrupt members of the public sector.”

Brunei is currently hosting the 11th Southeast Asia Parties Against Corruption (SEA-PAC) Meeting.

Themed “Educating Against Corruption: Fostering a Culture of Integrity”, the three-day meeting is being held at the Rizqun International Hotel.

Dato Hj Hamdan said in keeping with the theme, Brunei introduced “Corruption Prevention Education” (CPE) into the national curriculum in 2006, a module which teaches ethics to students from primary school to the university level.

“I hope today’s seminar will provide an insight into the need in realising the importance of promoting integrity through education as one of the strategies in the prevention of corruption,” he said.

“Community engagement and participation through education… must be taken as an essential opportunity in building a society that opposes corruption.”

The deputy minister added that Brunei must periodically review its corruption laws to ensure they are applicable and relevant.

Following the opening ceremony, a panel discussion on “educating against corruption” was held, featuring speakers from Hong Kong and Malaysia.

A total of 29 delegates from 10 ASEAN anti-corruption agencies are attending the meeting, traditionally focused on cooperation in investigating corruption.

Permanent Secretary (Law and Welfare) cum Director of Anti-Corruption Bureau Dato Paduka Hj Muhammad Juanda Hj A Rashid said in recent years, SEA-PAC’s role has expanded to preventative education, fighting money laundering, tracing illicit financial flows and recovering stolen assets.

SEA-PAC was created in 2004 when Brunei, Indonesia, Malaysia and Singapore decided to form a group of like-minded agencies committed to fighting corruption. Since then the grouping has grown to include 10 regional anti-corruption agencies.


Sumber - The Brunei Times

Southeast Asia urged to halt repeat of "boat people" tragedy

By Amy Sawitta Lefevre

Southeast Asian countries were urged on Tuesday to treat migrants landing on their shores humanely and avoid a repeat of this year's disaster in which hundreds of refugees were either lost at sea or died in jungle camps.

The International Organization for Migration (IOM) called for "full cooperation" this week from governments attending a Bangkok meeting in May aimed at tackling the region's annual migrant crisis as European countries struggle to cope with refugees fleeing war in Syria and Iraq.

Southeast Asian nations agreed to help vulnerable "boat people" stranded at sea following last year's crisis that saw more than 4,000 migrants land in Indonesia, Malaysia, Thailand, Myanmar and Bangladesh following a Thai crackdown on people-smuggling gangs.

Some were trapped on boats in the Bay of Bengal and Andaman sea. Hundreds drowned.

October and November mark the start of the four-month "sailing season", the busiest time for smuggling and trafficking ships plying the Bay of Bengal.

"We are still calling for safe disembarkation and humanitarian treatment - shelter, hydration, medical care and safety from the elements and criminality - and full cooperation from all actors, from the international community, that lives are not lost," Joe Lowry, the IOM's spokesman in Asia-Pacific, told Reuters.

Thousands of migrants have fled persecution and poverty in Myanmar and Bangladesh. Many of them are members of Myanmar's Rohingya Muslim minority who live in apartheid-like conditions in the country's Rakhine state, paying smugglers to board rickety boats to sail across to Malaysia.

Some ended up in the hands of traffickers and were held near Thailand's border with Malaysia in often brutal and filthy conditions for months or even years until they could pay a ransom for their release.

A clamp-down by Thai police on human trafficking gangs triggered the regional crisis earlier this year. It followed the discovery in May of 30 bodies in graves near the Thai-Malaysian border, which sparked international outcry.

Thailand has charged 88 people suspected of involvement in human trafficking since launching the investigation into gangs but scores more are on the run.

In a Thai foreign affairs ministry letter to international organisations dated Nov. 23, the ministry said a migration meeting to be held on Friday was "Thailand's proactive step to preempt any possible recurrence of humanitarian crises of May 2015".

Thailand's Interpol director, police Major General Apichart Suribunya, told Reuters ships were bypassing Thailand and heading directly to Malaysia following the Thai crackdown.

"Malaysia is having a headache," he said.

Since late September, when monsoon conditions began to subside, several boats have smuggled a total of about 1,000 passengers across the Bay of Bengal, according to the U.N. refugee agency and the migration-tracking group Arakan Project.

Lowry of IOM said migration patterns had changed.

"The obvious thing is people go directly to Malaysia which cuts out potential for profit for smugglers," he said.


Sumber - Reuters

Asean must make bold decision to combat transnational crime: Zahid

By Nuradzimmah Daim and Hariz Mohd


KUALA LUMPUR: With transnational organised crime having gone global and reached macroeconomic proportions, Asean countries are at a critical juncture to decide whether they should also focus on new types of such crimes.

Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamid said today the new types of crime are the illicit trades in nature and cultural heritage, wildlife, wood-based products, electrical and electronic waste, ozone-depleting substances, counterfeit goods and fraudulent essential medicines.

"In addition to the linkages of transnational crime with movement of people across borders, we also have to confront the rapid progress and evolution of transnational crime.

"In the present inter-connected world, transnational organised crime has gone global and reached macroeconomic proportions. Illicit goods can now be sourced from one continent, trafficked across another, and sold in third countries.

"These organised transnational crime continues to adapt alongside the frenetic pace of our times, as new crimes emerge, arise and maintained through relationships between criminal networks on a global level.

"Hence, we are now at a critical juncture to decide whether we want to retain the status quo, namely dealing with the eight existing areas of transnational crime that come under our purview which was included in the Senior Officials Meeting on Transnational Crime (SOMTC) today.

"A bold decision has to be made due to new types of transnational crimes (such as those) reported by the UN Office on Drugs and Crime," he said in his opening address at the 10th Asean Ministerial Meeting on Transnational Crime (AMMTC).

Zahid said Asean was also taking steps in the right direction to counter the development of transnational crimes through the proposal to adopt and sign the Kuala Lumpur Declaration on Combating Transnational Crime, which is due to materialise at the end of today's meeting.

He said the declaration has highlighted, among others, issues that need to be seriously considered by the ministers (of Asean member nations) such as the emergence of new forms of transnational crimes.

This includes the call for the formulation of a new Asean plan of action to combat transnational crime since the previous plan was adopted in 2002.

Zahid said the 10th AMMTC was also historic and unprecedented with a back-to-back gathering of the Special Asean Ministerial Meeting on the Rise of Radicalisation and Violent Extremism scheduled for Friday.

"The said meeting on Oct 2 will afford the opportunity for Asean member states to share experiences and best practices, as well as to take stock of individual countries' challenges in countering radicalisation and violent extremism.

"We need to realise that law enforcement and stringent legislations are insufficient to deal with it in which strategic partnerships and outreach programmes need to be regularly conducted that draw participation from civil societies and private sectors."

Ahead of his opening speech, Zahid received a courtesy call from leaders of AMMTC and Asean deputy secretary-general Hirubalan Veluppilla Ponnudura.

The leaders are Brunei Energy Minister Datuk Dr Muhammad Yasmin Umar; Cambodia secretary of state Em Sam An; Indonesian police chief General Badrodin Haiti; Laos Public Security Minister Brigadier General Somkeo Sylavong; Myanmar Deputy Home Minister Kyaw Kyaw Tun; Philippines Public Safety Undersecretary Peter Irving C. Corvera; Singapore Second Minister of Home and Foreign Affairs Masagos Zulkifli Masagos Mohamad; Thailand Deputy Interior Minister Sutee Markboon; and, Vietnam Public Security Minister Tran Dai Quang.

Also present at the event were Home Ministry secretary-general Datuk Seri Alwi Ibrahim and Deputy Inspector-General of Police Datuk Seri Noor Rashid Ibrahim.


Sumber - New Straits Times

AGC: New corruption laws to tackle public office power abuse

Quratul-Ain Bandial
BANDAR SERI BEGAWAN


THE Attorney General’s Chambers (AGC) yesterday announced the introduction of new corruption laws to address abuse of power and misconduct in public office.

The new laws will allow legal action to be taken against civil servants who fail to carry out their duties to a “high ethical standard”, said the AGC in a statement issued yesterday.

Following extensive discussions between the AGC and the Anti-Corruption Bureau, several amendments have been made to the Prevention of Corruption Act.

New offences have been included in the legislation, criminalising the use of public funds for private purposes; giving undue preferential treatment; misuse of information acquired during the course of duty; and allowing private interests to come into conflict with public duties.

The legislation also states that any public officer who seeks to interfere or influence the “appointment, promotion, suspension, demotion or dismissal” of any other public official, can be prosecuted under the new laws.

Similarly, any civil servant who demonstrates “willful misconduct or neglect of duty” to a degree which amounts to abuse of public trust, is considered guilty of an offence.

The punishment for all the new corruption offences is seven years’ jail and a $30,000 fine.

The AGC added that offences can be committed without the receipt of gratification or monetary benefit.

The legal definition of “public body” has also been changed in the legislation, to include government-linked companies and statutory bodies, such as the Brunei Economic Development Board, Brunei Shell Joint Ventures, Royal Brunei airlines, among others.

The new laws came after His Majesty, Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah, the Sultan and Yang Di-Pertuan of Brunei Darussalam, lambasted police for corrupt practices last March.

“The main purpose of the amendment is to address the concern of His Majesty… during a working visit (paid to the) Royal Brunei Police Force (RBPF) Headquarters… in respect of corruption in the form of abuse of powers for personal interest,” said the AGC.

During the visit, His Majesty cited several cases of police corruption, including the case of a high-ranking police officer accused of accepting a luxury car from a convicted criminal in exchange for helping him cross the border illegally.

In a fiery address to police officers, the monarch accused RBPF personnel of “elements of lawlessness” such as involvement in gambling, drinking and smuggling banned goods, as well taking bribes to “look the other way”.


Sumber - The Brunei Times

Top surveyor found guilty of all 20 corruption charges

Syazwan Sadikin
BANDAR SERI BEGAWAN


BRUNEI’S surveyor-general and a contractor have been found guilty of all corruption charges at the Magistrates’ Court yesterday in a trial that lasted more than three years.

Hj Mohammed Jamil Hj Mohammed Ali was found guilty of four counts of corruptly accepting $7,155.31 in bribes, to vary tender specifications for a government spatial mapping project.

The surveyor-general had accepted six return plane tickets, bill payments for car servicing, mobile phone chargers and broadband Internet from co-accused Puah Heng Yew of Selective Powertech Consulting.

Hj Mohammed Jamil was also found guilty of all 16 charges under Section 165 of the Penal Code, which forbids public servants from obtaining “valuable things” in the line of duty. Each charge carries a maximum penalty of seven years in jail and a fine.

Intermediate Court Judge Hj Abdullah Soefri POKSM DSP Hj Abidin also found Puah guilty of bribing the surveyor-general as an inducement or reward to vary tender specifications for a e-government project.

The court further found Puah guilty of abetting the commission of offences that were committed by the surveyor-general.

The case revolved around a $9.5 million e-government project to create a national spatial data infrastructure, which was awarded to Puah’s Selective Powertech Consulting in 2007.

However, it was revealed during the trial that the implementation of the project experienced problems such as delays in delivering hardware and disagreements between project members and the surveyor-general, while the Ministry of Development had been unaware of the changes made by Hj Mohammed Jamil.

The project was deemed “unsalvageable” after the contractor failed to meet its one-year completion date even after the firm was given an extension twice when the project fell behind schedule.

During the trial, Deputy Public Prosecutor Aldila Hj Mohd Salleh had called 15 prosecution witnesses including the former Deputy Permanent Secretary of Development Eddie Dato Paduka Hj Sunny and Deputy Auditor-general Pg Siti Norbaya Pg Shaminan.

Following the verdict yesterday, the court extended both defendants’ $10,000 bail and one local surety pending their mitigation on Saturday, September 13.

Defence counsel Ahmad Basuni Hj Abbas will be giving the mitigation on behalf of Hj Mohammed Jamil, while defence lawyer Mohd Shazale Salleh is representing Puah.


Sumber - The Brunei Times

HM censures police for corrupt practices

The Inspector General of The Royal Brunei Police Force, His Majesty Sultan Haji Hassanal Bolkiah
Mu'izzaddin Waddaulah, the Sultan and Yang Di-Pertuan of Brunei Darussalam delivers his Titah
yesterday during the working visit to the Police Headquarters

Quratul-Ain Bandial
BANDAR SERI BEGAWAN

HIS Majesty Sultan Haji Hassanal Bolkiah Mui’izzaddin Waddaulah, the Sultan and Yang Di-Pertuan of Brunei Darussalam, publicly censured the Royal Brunei Police Force (RBPF) yesterday for corrupt practices, questioning why only 21 per cent of criminal cases were solved in 2014.

The monarch, in his capacity as Inspector-General of RBPF, made an impromptu visit to the police headquarters in Gadong, casting a scrutinising light on police operations.

In a titah delivered at the Officers’ Mess, His Majesty cited several cases of police corruption, including the case of a high-ranking police officer indicted for graft two weeks ago. The superintendent in question allegedly accepted a luxury car from a convicted criminal in exchange for helping him cross the border illegally.

“These cases have happened many times in the past – of policeman receiving or demanding bribes from offenders. Although the policeman has done the right thing by apprehending the offender, but somehow shamelessly changes his mind by asking for something in return for letting the offenders go scot-free instead of bringing them to justice.”

The Sultan said this had been the case with traffic offenders and those found committing khalwat (close proximity). He added that police officers have also been found to be involved in immoral activities, such as gambling, drinking and smuggling banned goods.

“Such elements of lawlessness, if the police are also implicated, will taint the image of the police force,” he stressed.

“We are worried this syndrome has infected our police force, as evidenced by the statistics of crimes occurring in 2014, when a total of 6,824 cases were recorded but only 1,228 or 21 per cent were solved. Where are the other 5,596 cases which were not heard of?”

His Majesty added that these statistics do not include more serious crimes, such as murder and armed robbery, which the police have so far “failed to bring to justice”.

“The failure to solve these cases undoubtedly is due to weakness… such as police officers who are not competent to look after public safety, dishonesty, disloyalty, and lack of integrity.”

He said evidence seized during criminal investigations are frequently reported missing due to carelessness and “acts committed by deceitful hands”.

“Many criminal cases cannot be brought to court because the files have gone missing. Why are they missing or lost? Were these made to disappear deliberately to dispose of material evidence or simply due to the carelessness of the investigating officers?”

The monarch said all these issues were proof of police inefficiency, and that Islam severely condemns corruption, whether for material gain or the accrual of power.

“Bribery is undoubtedly dangerous to the nation. Because of corrupt practices the government machinery can be adversely affected, and when the government machinery is affected, the provision of services to the people will be compromised.”

His Majesty said both the bribe-giver and bribe-taker should be punished equally, yet it is usually just the bribe-taker who gets dragged to court.

“Are the bribe-givers given protection because they have provided information? … Bribe-takers have been arrested, while the bribe-givers are freed. Is it because we have come to regard collaborating with the authorities as a right to legal protection?

“If this is true, letting go of the bribe-giver and punishing the bribe-taker is an act that is one-sided, in disregard for the principles of justice. Both are both guilty and deserve to be punished in Hell as promised by Allah (SWT),” he said, asking the relevant authorities to look into the matter.

The Sultan also urged police personnel “not to be weak”, and avoid corruption at all costs.

“Being a member of the police is an honourable occupation, respected by people of all walks of life. It is also a force that looks after the security of the nation… That is why it is essential for holders of the post to maintain their reputation, and at the same time be firm and honest.”

“Corruption is a disease, the destroyer of happiness. Those perpetuating corruption or bribery are criminals. Punish them justly,” he said.


Sumber - The Brunei Times

YAM files for appeal

YANG Amat Mulia Pengiran Muda Abdul Mu’min will be appealing against his eight weeks jail term after the High Court yesterday granted the application for leave out of time to appeal.

On February 3, senior magistrate Hj Nabil Daraina PDH Badaruddin sentenced the defendant to eight weeks in jail after the defendant pleaded guilty to the charges of providing false information to the police, driving while under disqualification and for driving without insurance on November 19, 2014.

The defendant was given two weeks to file in the notice of appeal.

The case was subsequently brought up to the High Court for defence counsel Balendran Balasingam of Ho & Siong to apply for leave out of time to appeal.

At the High Court yesterday, Justice Dato Paduka Hairol Arni Hj Abd Majid heard the application from defence counsel Balendran and allowed the defendant to appeal against the sentence and further ordered that the notice of appeal should be filed in within the week. The court further allowed the defence counsel’s application for a stay of execution pending the appeal.

During the proceedings, Deputy Public Prosecutors Hjh Anifa Rafiza Hj Abd Ghani and Dk Siti Nurul Fairuz Pg Rosli did not raise any objection on both of the defence counsel’s application.

The court also granted the prosecution’s application for the defendant to be released on bail set at $10,000 and one local surety pending the appeal hearing at the High Court.


Sumber - The Brunei Times

YAM gets 8-weekjail, $6,400 in fines

YAM Pengiran Muda Abdul Mu’min was sentenced yesterday to eight weeks in jail and fined $6,400 for multiple traffic offences and giving a false statement to the police.

The court document submitted by deputy public prosecutors Hjh Anifa Rafiza Hj Abd Ghani and Dk Siti Nurul Fairuz Pg Rosli, stated that the defendant drove and bumped into another car on September 11, 2014.

He was banned from driving after he was convicted of dangerous driving in a previous case.

YAM was facing a total of 12 charges, which included driving without third party insurance at the time of the accident.

Furthermore, the defendant had also failed to report the accident and drove off using a different vehicle. He was also charged with giving a false statement to the police on how the incident unfolded six days later.

Delivering the sentence yesterday, Senior Magistrate Hj Nabil Daraina PUKDPSSU Hj Badaruddin said the defendant was again caught driving while under disqualification and without insurance on November 19, 2014, nine days after his first appearance before the Magistrates’ Court.

The senior magistrate said actual remorseful behaviour carried more weight than mere words of remorse, and he found it difficult to reconcile the defendant’s actions as put forward by Defence Counsel Balendran Balasingam of Ho & Siong.

The defence counsel had urged the court to consider the “suppressed emotions of the defendant” when his client knew that he was facing a possible custodial sentence.

The court said the defendant had chosen to drive in a non-emergency situation, only because he wanted to go to the gym.

Hj Nabil Daraina said YAM’s subsequent refusal to accept service of a police summons showed the defendant’s blatant disregard of the court and the law itself.

The senior magistrate said the court will “pass its sentence non-discriminately”, adding that the defendant came from a privileged background and should be setting an exemplary role to the society.

The defendant’s actions, said the senior magistrate, led to the unnecessary interrogation of another person and the reason for the defendant doing so was to evade the repercussions of driving while under disqualification.

The court must send a clear message to the public that such offences are not to be taken lightly, said the senior magistrate.

In response to the defence counsel seeking a probation order for his client, the senior magistrate said he was not persuaded that a probation order was appropriate to deal with the defendant based on the circumstances before the court.

In sentencing the defendant, the senior magistrate spelled out the fines for various offences, including careless driving while under disqualification, failure to report an accident within 24 hours, and driving without insurance.

On the charge of lodging a false report to the police, the senior magistrate said this was not a trivial matter as the defendant had lied and hid the truth. The defendant had six days to think before he gave his statement to the police, said the senior magistrate.

However, as there was no information as to how much time had been wasted on the investigation as a result of the defendant’s actions, the senior magistrate took a starting point of six weeks imprisonment and reduced it to four weeks.

For the charge of driving on November 19, 2014 while under disqualification, Hj Nabil Daraina sentenced the defendant to four weeks in prison.

On the charge of driving without insurance on November 19, the senior magistrate took a starting point of three weeks imprisonment and reduced it to two weeks.

In total, the defendant is sentenced to a fine of $6,400 in default of 24 weeks imprisonment and a custodial sentence of eight weeks. The defendant was also disqualified from driving for 12 months.

Following the sentencing, the defence counsel applied for a stay of execution on the custodial sentences pending an appeal. The application was granted by the court.


Sumber - The Brunei Times

YAM pleads guilty to charges

YAM Pengiran Muda Abdul Mu’min yesterday pleaded guilty to all the road traffic charges and the charge of providing false information to the police during investigation.

The court document submitted by deputy public prosecutor Hjh Anifa Rafiza Hj Abd Ghani and Dk Siti Nurul Fairuz Pg Rosli stated that on September 11, 2014, the defendant admitted to careless driving and that he was involved in an accident with a Ford Ranger.

He also pleaded guilty to failure to report the accident to the police within 24 hours.

The defendant also admitted to driving on multiple occasions with a suspended licence for a period of 12 months after he was convicted by the Magistrates’ Court for careless driving last year.

The court document stated the defendant told DSP Abd Hj Hj Apong, District Traffic Officer of Brunei-Muara, that it was Saifuddin who was driving the car at the time of the accident, information which the defendant knew was false, thereby knowing likely that investigations would be conducted on Saifuddin.

While the defendant pleaded guilty to the charge of providing false information, YAM Pengiran Muda Abdul Mu’min disagreed with the charge accusing him of having intentions to cause Saifuddin to be instituted criminal proceedings for an alleged careless driving offence when he knew that there is no lawful ground for such proceeding.

During the proceedings yesterday, presiding senior magistrate Hj Nabil Daraina PUKDPSSU Hj Badaruddin raised a further matter with respect to the charges under the Motor Vehicles Insurance (Third Party Risks) Act, Chapter 90.

The Senior Magistrate drew attention to an appeal heard in the High Court, where the High Court decided that, where a motor vehicle had a valid insurance policy, the driver should not be charged under section 3(1), Motor Vehicle Insurance (Third Party Risks) Act, Chapter 90, merely because there is a clause in the insurance policy that states the insurance policy would be void if the driver commits any offences under the Road Traffic Act, Chapter 68.

DPP Hjh Anifa Rafiza informed the Court that while the prosecution is aware of the case, the prosecution wished to draw the Court’s attention to another appeal case in the High Court in 1982, where it was decided that the discretion lies with the Public Prosecutor as to whether or not charges should be preferred and, in the present case, the prosecution is exercising its discretion to prosecute.

The Court decided to reserve its ruling on the charges.

The Senior Magistrate then convicted the defendant for all the six charges under the Road Traffic Act, Chapter 68 and the Penal Code offence for giving a false statement to the police and rejecting the defendant’s plea with regards to the charge under section for intending to cause Saifuddin to be instituted criminal proceedings when he knew that there is no lawful ground for such proceeding.

The Senior Magistrate reserved his ruling for conviction on the four charges under sec 3(2) Motor Vehicle Insurance (Third Party Risks) Act, Chapter 90.

The matter will be heard again on January 21, at 9am, for the Court’s decision pertaining to the charges under the Motor Vehicles Insurance (Third Party Risks) Act, Chapter 90 and for the defendant, who is represented by Balendran Balasingam of Ho & Siong, to submit his mitigation on the offences that he has been convicted for.


Sumber - The Brunei Times

YAM faces three additional charges

YAM Pengiran Muda Abdul Mu'min is now facing an additional three counts of driving a car wihout insurance, bringing the total number of charges against him to 12.

During the court proceedings yesterday, Deputy Public Prosecutor Hjh Anifa Rafiza Hj Abd Ghani filed the additional charges against YAM Pg Muda Abdul Mu’min, who is already facing multiple counts of road traffic offences and lodging a false report to the police.

The court document stated that YAM Pg Muda Abdul Mu’min is facing four counts of driving on September 11 and November 19 when his driving licence was suspended.

YAM is also accused of careless driving and being involved in an accident that caused damage to the rear of a Ford Ranger on September 11.

The defendant was also charged with lodging a false police report stating that it was Saifuddin who was driving the car at the time, information which the defendant knew was false.

YAM, who is represented by Balendran Balasingam of Ho & Siong, has yet to enter his plea on all of the 12 charges against him.

The defence counsel informed the court that the defendant was not ready for his plea to be recorded as he needed time to consider his plea on the three additional charges, and applied for the case to be adjourned.

Senior Magistrate Hj Nabil Daraina Pehin Dato Hj Badaruddin expressed his concern that since the first day the defendant was charged on October 16, 2014, he had yet to enter his pleas to the offences which were committed in September 2014.

The senior magistrate granted the defence counsel’s adjournment application until the next mention of the case next week, but added that he will not entertain any further applications for long adjournments.

YAM has been released on a $10,000 court bail and one local surety.


Sumber - The Brunei Times

Thailand stems human trafficking into Brunei

Quratul-Ain Bandial
BANDAR SERI BEGAWAN

THAILAND will focus on increasing preventive measures to halt the trafficking of Thai nationals into Brunei, said the country’s outgoing ambassador.

In an interview with The Brunei Times, Apichart Phetcharatana expressed concern over the rising number of trafficking cases he has seen during his three-year tenure as ambassador.

He disclosed that a memorandum of understanding (MoU) on human trafficking between Thailand and Brunei is “70 to 80 per cent complete”, aiming to facilitate better information sharing between law enforcement agencies of the two countries.

“It will focus more on preventive measures and will be very useful in terms of raising awareness and sharing information through law enforcement – this is very crucial. The more people know about the law and regulations, the less and less cases will be coming here,” he said.

Apichart explained there have been several cases of women trafficked to Brunei for sex work, as well as other victims of forced labour.

“Some victims were working in homes or companies and were exploited by employers. The income was not according to the agreement and they worked longer hours and with less attention to their welfare.”

Once the victims are repatriated to Thailand, they would again be interviewed by authorities to retrieve intelligence on trafficking syndicates.

He added that the Royal Brunei Police Force (RBPF) has been very active in trying to promote awareness of the issue, and has approached the embassy to co-organise a briefing for the Thai community. Similar events were also organised for the Philippines and Indonesian communities recently.

According to police statistics, the RBPF investigated 183 cases of suspected human trafficking in 2013.

However, since 2004 only three cases have been prosecuted in court owing to lack of strong evidence and victims being uncooperative in providing testimony.

Several criteria must be proved to obtain a conviction — such as the use of threats, deception, abuse of power and recruitment or transport of an individual for the purpose of exploitation.

However, the Attorney General’s Chambers said it is currently reviewing the Trafficking and Smuggling of Persons Order as part of efforts to improve laws combating trafficking in persons.


Sumber - The Brunei Times

Study says countries lost $1 trillion to corruption in 2012

Brunei ranks 21st by largest average annual illicit outflows 2003 - 2102.

Download full report - Illicit Financial Flows from Developing Countries: 2003-2012

A global anti-corruption group said Monday that nearly $1 trillion was illicitly drained from developing countries in 2012, representing a record level of corruption, money laundering and false trade documentation.

The Washington-based group Global Financial Integrity said illicit financial flows around the world grew at 9.4 percent a year in the decade to 2012, around double the pace of economic growth, draining funds especially from impoverished countries.

The largest outflows came from giant, still poorly-regulated economies like Brazil, China, India and Russia, GFI's new report says.

Money illicitly streamed out of China at a rate of about $125 billion annually over that period, for instance.

But also in the top 10 country sources of illegal capital outflows are a number of dynamic middle-sized economies: Malaysia, Mexico, Saudi Arabia and Thailand.

Mexico is third on the list of largest outflows at an average $54 billion a year.

In total, the report put the total illegal capital movements from developing and emerging economies in 2012 at $991.2 billion, greater than the combined sum of incoming foreign investment and foreign aid in those countries.

"Emerging and developing countries hemorrhaged a trillion dollars from their economies in 2012 that could have been invested in local businesses, healthcare, education, or infrastructure," said the study's co-author, economist Joseph Spanjers.

"This is a trillion dollars that could have contributed to inclusive economic growth, legitimate private-sector job creation and sound public budgets."

Over a decade, the total was $6.6 trillion, the equivalent of nearly 4 percent of the entire global economy. In terms of the relative size of the impact, the countries most hurt by the flows were in the Middle East and North Africa and in Sub-Saharan Africa.

The main way the money flows out of the countries is misinvoicing in trade transactions, which can allow exporters and imports to keep money out of the country.

GFI said individual countries and the United Nations need to focus on cutting down such flows to fight poverty and boost growth.

"It is simply impossible to achieve sustainable global development unless world leaders agree to address this issue head-on," said GFI president Raymond Baker.

"That's why it is essential for the United Nations to include a specific target next year to halve all trade-related illicit flows by 2030 as part of post-2015 Sustainable Development Agenda."

The top 10 developing countries for illicit capital outflows in 2012:

China....................................... US$249.57 billion
Russia...................................... US$122.86 billion
India....................................... US$94.76 billion
Mexico...................................... US$59.66 billion
Malaysia ................................... US$48.93 billion
Saudi Arabia............................... US$46.53 billion
Thailand.................................... US$35.56 billion
Brazil...................................... US$33.93 billion
South Africa...................................... US$29.13 billion
Costa Rica................................... US$21.55 billion


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