Court rebuffs former judiciary couple appeal grounds

Fadley Faisal

The respondents yesterday continued their replies to the appeals in the former judiciary couple appeals in the Technology Court.

The ground to the public prosecutor’s appeal was also laid out.

Ramzidah binti Pehin Datu Kesuma Diraja Colonel (Rtd) Haji Abdul Rahman and Haji Nabil Daraina bin Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Haji Awang Badaruddin appeared before President of the Court of Appeal Justice Michael Peter Burrell, flanked by Justices Conrad Seagroatt and Michael Victor Lunn.

Simon Farrell QC, representing both appellants, appeared by teleconference from the United Kingdom, assisted by Sheikh Noordin bin Sheikh Mohammad in court.

Dato Seri Setia Davinder Singh SC led the prosecution team, appearing by teleconference from Singapore.

Present in court were Deputy Public Prosecutors Hajah Suriana binti Haji Radin, Dayangku Didi-Nuraza Pengiran Haji Abdul Latiff and Muhammad Qamarul Affyian bin Abdul Rahman of the Attorney General’s Chambers.

Navin Thevar, David Fong, Tan Ruo Yu and Srruthi Ilankathir from Davinder Singh Chambers LLC were also part of the prosecution team.

Part of the respondents’ reply regarding the acquittal sought by applicants, is that the defence party at the trial had not rebutted the prosecution’s evidence on the charges.

The respondents also said that the prosecution’s evidence is sufficient to prove beyond reasonable doubt and no objections were made at the opening of the prosecution’s case.

The respondents submitted that by electing to remain silent, Ramzidah had failed to prove her case.

Meanwhile, Haji Nabil Daraina did not call the then-chief justice to support his claims, showing that he did not go to lengths to forge evidence on the money laundering charges, the respondents underlined.

It is also not for the prosecution to prove the fixed deposit accounts’ existence, the respondents further submitted.

In the public prosecutor’s appeal in seeking for a heavier sentence, the appellant submitted that Haji Nabil Daraina is as culpable as Ramzidah in her committing of the CBT.

The appellant further laid out that the money laundering facilitates the covert use of the criminal breach of trust funds.

Dato Singh SC also highlighted that Haji Nabil Daraina will be released in about three years, and with the fact that the BND6 million unaccounted for, it is in his bounty and is legally and morally wrong.

Dato Singh SC urged the court to revise the sentences handed as Brunei is a young country and is still forging its DNA.

DNA, meant by Dato Singh SC, was the country’s moral values, how the people think the country works and its integrity should be upheld.

The hearing for the appeals continues today.