PRESS RELEASE
RELEASE DATE: 18TH NOVEMBER 2024
Public Prosecutor v. M Bin T
A 43-year-old man was sentenced to 40 years and 6 months' imprisonment and 17 strokes of whipping by the High Court of Brunei Darussalam for sexually abusing his two nieces, marking it the highest sentence ever imposed for sexual offences in this country.
The offences, which included rape, outraging modesty, and unauthorized recording of abusive acts including that of a child, were committed over more than a decade.
The Honourable Justice Muhammad Faisal bin PDJLD DSP Haji Kefli described the crimes as “heinous and audacious," highlighting the defendant's exploitation of his familial role and condemning his actions as a profound betrayal of trust.
The abuse began in 2011 when the elder niece, referred to as Miss A, was just seven years old. Her younger sister, Miss B, was similarly victimized starting at the same age. The defendant, a widower with two sons, had been entrusted with the care of his nieces, who frequently stayed at his home.
In one incident in early 2022, while his bedridden wife was in the living room, the defendant sexually abused Miss A and recorded the act. In another instance, shortly after his wife's death, the defendant raped Miss A while his two young sons were in the same room.
The abuse came to light in July 2022, when the victims confided in their mother who promptly lodged a police report, leading to a thorough investigation by the Women and Children Investigations Unit, Criminal Investigations Department, Royal Brunei Police Force. Investigations uncovered incriminating evidence on the defendant's mobile phone, including recordings of the abusive acts.
In mitigation, the defendant sought for leniency, admitting full responsibility of his actions and citing that he is now a single father with two young sons who depend on him.
Deputy Public Prosecutors Nurul Fitri Kiprawi and Abdul Hanan Haji Erwan, in their submissions, highlighted the overwhelming aggravating factors present in the case including the calculated and predatory nature of the offences, the repetitive abuse and the psychological impact on the victims.
Reports submitted to the Court detailed the severe emotional distress endured by both victims. Miss A, now 20, was found to suffer from anxiety, depression, and emotional conflict. Miss B, now 17, exhibited signs of low self-esteem and heightened anxiety, with clinical assessments indicating that both victims would benefit from ongoing psychological support.
The defendant's late plea of guilty to the 15 charges, entered midway through trial after six prosecution witnesses—including both victims—had testified, was noted by the Court as coming too late to spare the victims from the emotional burden of testifying, and afforded him only a minimal sentencing discount.
In imposing the sentence of 40 years 6 months imprisonment and 17 strokes of whipping, the Court acknowledged the profound psychological harm inflicted on the victims, who continue to struggle with the trauma of the abuse.
Delivering the sentence, the Honourable Justice Faisal remarked on the victims' mixed feelings of sadness, regret, and fear, as revealed in court. He noted that their sadness stemmed from their continued closeness to the defendant's sons, their regret arose from being betrayed by someone they regarded as a father figure, and their fear was tied to the day the defendant would be released from prison.
The Honourable Justice Faisal stated that the sentence imposed must serve not only to punish and deter the defendant, but to also ensure that Miss A and Miss B can live long, peaceful lives, knowing they are safe from further harm. This sentence should grant them the opportunity to reclaim their future – to live fully, to grow old in peace, and to find solace for the loss of their childhood and youth".
All parties in the case cannot be named due to a gag order imposed by the Court.
In a statement released by the Attorney General's Chambers, the public is reminded that sexual offences, particularly those involving abuse of trust, carries severe penalties, including up to 30 years' imprisonment and 12 strokes of the cane for a single offence of rape under section 376 of the Penal Code, Chapter 22.
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