Denys Roberts CJ:

This is an appeal against both the conviction of and the sentence imposed upon, the appellant by a Magistrate on 20 February 1993.

The appellant pleaded not guilty to the following two charges, with an alternative to the first charge -

1st Charge

You Pengiran Tuah bin Pengiran Haji Kula I.C. No. 028749 (Yellow) are charged that you, on or about 3 September 1992, at Class F, Block 3 No. 4A DYMM Sultan's Flat Jalan Tutong, Bandar Seri Begawan, Brunei Darussalam, being an agent, to wit, a Labour Inspector in the employ of the Labour Department, did corruptly attempt to obtain from one Pengiran Huraini binte Pengiran Haji Tejudin, for yourself a gratification, to wit, a sexual favour with the said Pengiran Huraini binte Pengiran Haji Tejudin as a reward for doing an act in relation to your Principal's affairs to wit, approving and delivering to the said Pengiran Huraini binte Pengiran Haji Tejudin "Lesen Mengambil Dan Menggaji Pekerja-Pekerja Asing" (a Licence to recruit and employ foreign workers) and you have thereby committed an offence punishable under s. 6(a) of the Corruption Act (Cap 131).

Alternative Charge

That you on or about 3 September 1992, at Class F, Block 3 No. 4A, Duli Yang Maha Mulia Sultan's Flat, Jalan Tutong, Bandar Seri Begawan, Brunei Darussalam, being a public servant, to wit, a Labour Inspector in the employ of the Labour Department, did attempt to obtain from one Pengiran Huraini binti Pengiran Hj Tejudin, for yourself a valuable thing, to wit a sexual favour, from the said Pengiran Huraini binti Pengiran Hj Tejudin without consideration, whom you knew that as the manager of Syarikat Halilah dan Keluarga to have been or to be, or to be likely to be concerned with the official functions of yourself as a Labour Inspector and you have thereby committed an offence under s. 165 of the Penal Code and punishable under the same.

2nd Charge

That you on or about 3 September 1992, in you car with registration number KE 7955, in Bandar Seri Begawan, Brunei Darussalam, used criminal force on one Pengiran Huraini binti Pengiran Haji Tejudin, a woman, intending to outrage the modesty of the said Pengiran Huraini binti Pengiran Haji Tejudin and thereby committed an offence punishable under s. 354 of the Penal Code and punishable under the same.

The Magistrate convicted the appellant of the first and second charges and passed sentences of 12 months imprisonment on the first and 6 months and 2 strokes on the second, the sentences to run consecutively. He did not deal with the alternative charge.

Legal Issues

The Magistrate directed himself correctly on the legal issues. In particular, he warned himself of the danger of convicting on the uncorroborated evidence of the complainant, in a case involving allegations of a sexual nature, though he said that it was open to him to do so if he was convinced that the complainant was "a truthful and reliable witness".

Prosecution Case

This depends mainly upon on the evidence of the complainant, Pg Huraini, a woman of 37 married to Harun bin Ahmad.

She is the proprietor of a tailor's shop and is related to the defendant. She had known him since the 1970's when she lived close to him in Kuala Belait.

She met the defendant in May 1992, when she went with Dk Maya to his office in Tutong, when Dk Maya enquired about a licence for her business.

In August 1992, Pg Huraini went to the defendant's office and handed him a letter, which applied for a licence to employ foreign workers. The defendant said that she should have received a reply to her application and offered her the use of his P.O. Box.

There followed a number of telephone calls by the defendant to Pg Huraini in August or early September 1992.

During the first call, he told her that her application had been approved. When she asked why it had been dealt with so quickly, the defendant told her she was "Special". He offered to deliver the licence to her, though she declined this, as she thought t