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Brunei
Wednesday, October 5, 2022
23.1 C
Brunei
Wednesday, October 5, 2022
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    Inordinate delay brings 18 month jail reduction

    Fadley Faisal

    The Court of Appeal on June 17 reduced by 18 months, a sentence of seven years jail and three strokes of the cane handed to an offender involved in possession of bullets and abetting possession of homemade rifle, citing inordinate delay.

    Sahrum bin Haji Dayman appealed against his sentence before the appellate court who found that “unexplained lengthy delays and unnecessarily protracted litigation will in almost all cases, cause this court to make a reduction in sentence.”

    President of the Court of Appeal Justice Michael Peter Burrell, flanked by Justices Conrad Seagroatt and Michael Lunn, arrived at their decision after observing the case where Sahrum was first charged on January 30, 2013.

    It was first listed for trial on January 3, 2017. The judge scheduled to hear the trial became unavailable and the hearings eventually started on September 27, 2018. The trial concluded on July 13, 2020.

    The appellate court noted that there had been 79 days during which the case was listed for a variety of different reasons over the seven year and six month period, that there had been many adjournment applications from lawyers representing Sahrum’s co-accused between 2013 and 2018, and that prior to trial the case was listed ‘for mention’ 34 times – none of the delay can be attributed to any fault on the part of the appellant. DPPs Pengiran Norsuzanawati binti Pengiran Haji Abas and Ratno Eddy Sophian bin Haji Zaidi represented the Public Prosecutor as respondent.

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