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Tuesday, 17 January 2017 / 19 Rabiulakhir 1438
The High Court Bandar Seri Begawan passed a sentence today against one Mohd Azam Zaki bin Hj Mohd Zain, a 49 year old Bruneian male who was a former Brunei Shell Petroleum (BSP) personnel who held the position of Senior Technical Assistant at the East Operation Department (EOP). The defendant pleaded guilty to five charges contrary to Section 6 (a) read with Section 7(1) of the Prevention of Corruption Act, Chapter 131. The Defendant also agreed for eight other offences to be taken into consideration for the purposes of sentencing. The Defendant decided not to proceed with trial which was set to begin on 16 January 2017 and instead pleaded guilty to the offences before the Honourable Justice James Kerr Findlay.
Investigation conducted by the Anti-Corruption Bureau, revealed that Mohd Azam Zaki bin Hj Mohd Zain had received gratification monies amounting to a total of B$110,100 between November 2007 to September 2008 from Thomas Ling Wei Ren, a Salesman in Musfada Enterprise, a contract vendor under Brunei Shell Pretoleum Sdn Bhd, as a reward for creating work orders for the purchase of products which the orders were part of a contract with Brunei Shell Petroleum, however the items were not delivered to BSP. It was also revealed that Azam Zaki would receive higher gratification, if the items ordered were not delivered to BSP. With the gratifications received from Musfada, the Defendant managed to increase his “income” from around November 2007 to September 2008 by over B$110,000. The Defendant was also able to purchase a Toyota Land Cruiser 4WD and a Toyota Corona between November 2008 and March 2009 as a result of the gratifications paid to him.In calling for a deterrent sentence, the Prosecution highlighted that the loss incurred by BSP for the five charges that the Defendant had been convicted of amounted to BND$712,700 while the total amount of gratifications received by the Defendant totaled up to BND$110,100.
The Honourable Justice James Kerr Findlay sentenced the Defendant, to four (4) years imprisonment for each charge, which is to be served concurrently. The Court also ordered for the defendant to pay a penalty under Section 17 of the Prevention of Corruption Act of BND $88,200 within 6 months from today and in default of payment, to serve 6 months of imprisonment concurrently. The Defendant is also to pay prosecution costs of BND $75,000 within 6 months from today and in default of payment, to serve an additional default imprisonment of 6 months.
The prosecution team was represented by Dato Davinder Singh of Drew & Napier LLC, for the Attorney General Chambers (AGC). The Defendant was not represented.
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