The High Court yesterday dismissed an application of a former senior police officer against an order for his sentence to run from the day of it being handed down in February 2019.
Haji Khairur Rijal bin Haji Abu Salim applied to have the sentence to run from the day he was arrested for investigations by the Anti-Corruption Bureau.
Haji Khairur Rijal, through his counsels Roy Prabhakaran and Anlan Hee, sought to persuade the Chief Justice to exercise the court’s powers to review the decision to prevent a “miscarriage of justice”.
Chief Justice Dato Seri Paduka Steven Chong said that the applicant had not produced sufficient material to support their invitation for the court to exercise its powers to review and has not shown that there has been a miscarriage of justice.
Chief Justice Dato Seri Paduka Steven Chong, other than citing case laws, said that “the magistrate has decided correctly to order the sentence to commence on the date it was imposed because the applicant was not remanded in custody in respect of the charges against him but was detained under the ISA which was a wholly separate matter and, I would add here, outside the jurisdiction of the court.”
Former Superintendent Haji Khairur Rijal was sentenced to serve 30 months’ imprisonment by the Magistrate’s Court on February 2019 following his convictions on being found guilty after trial for corruptly accepting a pick-up vehicle as gratification from the Managing Director of Say Koo (Liew) Sdn Bhd and L&E Contractor Liew Say Koo in exchange for assisting the latter’s re-entry into Brunei Darussalam after being expelled and prohibited from re-entering the country in November 2007.
The court also ordered Haji Khairur Rijal to pay a penalty of BND12,000, or serve an additional three months’ jail in default of payment, for the value of the gratification in using the vehicle intermittently from June 2014 until the date of detention.
Last October 2019, the Chief Justice dismissed Haji Khairur Rijal’s appeal against conviction and sentence.
The Chief Justice also dismissed his application in November 2019 for a reference to the Court of Appeal of points of law of public interest.
DPPs Shamshuddin Kamaluddin and Pengiran Hajah Nor ‘Azmeena binti Pengiran Haji Mohiddin represented the Public Prosecutor.