What does one do when he or she becomes a victim of a crime? Is there an SOP to be followed by the public on what to do? But, before doing any of that, how do you know that what had happened to you was a crime. What constitutes a crime? According to the dictionary, a crime is an illegal act, an act committed in violation of the law, an action that is legally prohibited. By way that the words legal and law appeared in the definition means that whether something is a crime or not would depend on the criminal laws of particular jurisdictions / countries. In Brunei, the acts that are considered as crimes could be found in the country’s penal codes (both common law and shariah law).
For us the layman, some actions we know by common sense are crime – theft, robbery, corruption, assault, murder. Except for being murdered (of course), depending on how the victim felt about the crime, the victim could either let it go or report the crime to the police. There are indeed victims who (voluntarily) don’t report crime, for example, if the perpetrator is a spouse (say domestic violence) or family member (say theft). Victims of sexual assault also may choose not to report due to trauma, shame or fear of stigma. Apart from this kind of situations, it is logical to assume that the first thing victims would do is to make a police report, either by calling 993 or going straight to the police station. I know I would. Why? Because I would want the criminal to be arrested and punished so that he or she won’t do it to me again and to other people, and also subsequently to deter other would-be criminals. I would also want the satisfaction of seeing the criminal being punished as retribution for the emotional distress that I’ve suffered because of the crime.
So, when my cousin, one night in 2019, with a bloody face went to the Sengkurong police station to make a police report after he was assaulted by his ex-wife’s boyfriend, an obvious crime that was caught on cctv, I was pretty sure that it was an open and shut case, that the attacker will be arrested and jailed. Now, over 2 years on, the attacker is still free, is still serving as a Lance Corporal in the Royal Brunei Armed Forces (a supposedly highly discipline organisation), is still active on social media rubbing it in about his care free life. So, what went wrong? Would justice be eventually served? Why is it so slow to get justice? Who is responsible for the emotional pain suffered by victims throughout this long wait for justice to happen?
Take the example of the two brothers, Warrant Officer 2 Mohammad Yusirwan bin Yussof and Mohammad Yadiy Yusranshah bin Yussof who beat the crap out of a teacher at Sayyidina Abu Bakar Secondary School back in 2017. The video went viral. The public was outraged for a moment then forgot about it as they moved on to other viral things. In January 2020, the public read in the local newspaper that the two brothers were handed jail sentences for the assault. Many voiced their satisfaction to the sentencing, that this should serve as a warning for other would-be thugs that they can’t just go around and beat people up without facing consequences. But, did anyone question why it took 3 years for them to be found guilty and punished for their action, all the while they were still free to continue their day jobs, one a military Warrant Officer and one a Bilal, two organisations that should boast respectable employees. Did the police and the prosecution team offer any explanation as to why it took that long? Do they take accountability for the emotional pain suffered by the teacher due to the slowness in getting justice? Do they even have a standard, a measure, a KPI, TPOR for the speed of their service? For crimes with no suspects where the perpetrators are not known, the slowness would be understandable, given the needed time to get leads and do investigative work. But, when the perpetrators are as clear as day, with witnesses, caught on video even, I really need some enlightenment on why it took 3 years before they got sentenced. Maybe there is a strong reason for it. What do I know.
In my attempt to diagnose the problem and get answers, I sat down with my cousin and asked him to give me a blow-by-blow account on what he had to endure from day one until today.
12 Feb 2019, 2250H, Sengkurong.
It was late, his children were sound asleep, and my cousin Z was about to turn in for the night. Then the silence of the night was broken by the sound of a car honk. Z peered through the window and saw his ex-wife’s car outside. In it were his ex-wife at the front passenger seat and her boyfriend, Lance Corporal Amzar bin Azamain at the driver’s seat. Z knew about this boyfriend of hers as she had been rubbing it in about this buff soldier boyfriend that she got. In private messages to Z, she ridiculed Z’s manliness compared to the “perfect” Lance Corporal Amzar and insinuated that this boyfriend is ready to beat Z up anytime. That night, she had decided she wanted to pick up the kids eventhough she knew well that it was late and the kids were already sleeping. Whatever for? Perhaps just to show that she could. Well, that’s fine. But the fact that she brought her boyfriend along, for me, indicated that there was a malicious intent to intimidate and trigger a confrontation.
Z texted the ex-wife saying that the kids were sleeping and that he would send them to her place early in the morning. But she was not having any of it and demanded for Z to send the kids out the door right then. Then a barrage of honks followed. Now, bear in mind that it was past 10pm when this happened, and Z’s place is part of a row of semi-detached houses along a cul-de-sac. Clearly, the duo in the car didn’t give a shit that their annoying honks would create public disturbance, waking up the neighbours, creating unnecessary scene. Z had no choice but to go out and attend to them in order to get them to stop honking.
Z knew and could sense that the reason why the two were there, in the middle of the night, was not about picking up the kids. From the sentiments in the ex-wife’s text messages and the phonecall harrassments by the boyfriend, Z knew that the askar was out for blood that night. Impress the girl by beating up her ex-husband. Typical. So, Z took precaution. He kept a distance, telling the ex-wife again that he will send the kids early in the morning and to pity the kids, as they were already sleeping soundly. These are 4 and 2-year-olds, for god’s sake! Well, instead to listening to her motherly instinct to let the children sleep in peace, she let the bulldog out.
The bulldog, who was already all amped up, stormed towards Z, and in a split second, yanked Z towards him and wrapped his hand around Z’s neck in a chokehold. Z fell to the ground. Not releasing the chokehold, Lance Corporal Amzar proceeded to punch Z in the face repeatedly, not twice, not thrice, but 6 to 7 times. The blood from the first punch didn’t deter him to continue the assault until Z face and shirt were soaked in blood. Bravo askar, although I don’t think they have the “how to attack a civilian module” in military training.


Lance Corporal Amzar thought that he could just attack someone, dust off his hands and leave. If you ask me, I think he had done this before, physically attacking people, and got away with it. He looked like a complete pro in the CCTV, no hesitation, like he was confident that his action will not put him in trouble, will not come back to bite him and even if it does, perhaps he already got his responses all prepared – the hearsay, the self-defence, the being provoked bullshit. He didn’t know that the attack was caught on CCTV which any person with good eyesight could clearly see from the recording that the attack was unprovoked.
It is a no brainer that a crime had just happened here. What you see in the CCTV footage are facts, and because of this CCTV, nobody could twist the facts about what happened. Lance Corporal Amzar was not under any duress, he was not being attacked where he had to defend himself, he was not provoked or challenged. He physically attacked Z causing Z to get hurt – cuts, bumps and bleeding. I’m no legal expert, but a quick check on the Laws of Brunei, Chapter 22 Penal Code, what he did was – Voluntarily Causing Hurt (Section 323).

Now, help me understand why, in the end, he just got fined and ZERO jail term.
12 Feb 2019, 2300+H, Sengkurong Police Station.
With the bloody face and the excruciating pain in his nose, which continued bleeding by the way, Z took his car’s key and drove straight to the Sengkurong police station to make a police report. Z told the attending policemen that he was attacked by Lance Corporal Amzar. Here was when Z got his first taste of reality as a victim of crime. Just because you know the identity of the perpetrator, it doesn’t mean that the police will immediately jump into their police car, hunt and arrest the person. No. They will just write down your report, said uh-huh….uh-huh….uh-huh then tara…toodle-oo. Well, yeah, the police needed to investigate, get evidence first before making any arrest. But, they could at least show some enthusiasm and assurance to comfort the victim.
Not only that Z didn’t get the feeling of assurance that he needed, then came in Lance Corporal Amzar. “That’s him!” Z said to the policemen. Apparently, he saw Z going to the police station and followed suit. At this point, Lance Corporal Amzar still didn’t know about the existence of the CCTV recording. There, he was trying to “sanitise” what had happened by saying that he and Z were fighting (throwing punches to each other). Almost implying that it was a “consensual” physical fight, no crime involved. He said that he was injured too showing the police the baby bruises on his elbow and his knuckles. The police took his statement and with a smirk on his face, he left.
12 and 13 Feb 2019, RIPAS.
So, that night the police brought Z to RIPAS for medical examination. 2 policemen accompanied him to the Accident and Emergency Unit, where an emergency physician inspected his injuries. The Doctor took an x-ray and asked Z to see a specialist at the OMF the following day. At the OMF, the specialist confirmed that Z had a fractured nose and permanent deviated septum injuries. Yes, Permanent y’all! There were also several cuts on his face with the ones on the nose and forehead needing stitches.

13 Feb 2019, 1500H, Z’s House.
The following day, Z got a call from the police. They wanted to take some pictures of the crime scene as part of their evidence collection. On the same day, Z also passed to the police a copy of the CCTV recording of the attack.
For Z, things looked promising. The police went about to gather all the evidence within 24 hours after the incident. They got the medical report, photos of the bloody crime scene and yeah, the CCTV recording. Then….that was it. Weeks passed by and Z was left wondering about the progress of the case, or whether there was any progress at all. He kept on telling himself to tunggu saja and that justice will be served. Orang jahat mesti kana tangkap, that’s what we were taught and made to believe growing up.
In April 2019, two months after the attack, Z went to the Sengkurong Police Station to enquire about the progress where he was informed that they had already passed the case to the AGC’s DPP Hjh Muizzah binti Haji Sabli.
Here is where Z learned another reality as a victim of crime. Other than helping the police in supplying the information and evidence during the police investigation and evidence collection stage, the victim’s involvement pretty much ended there. The police are not obligated to update the victim on the progress of the case, nor are they obligated to share with the victim the case Statement that they had passed to the Public Prosecutor. This is to say that the police may not agree or take the victim’s word for it if the victim said that it was trespassing, assault, or this or that crime that had happened. The victim is expected to just move on with his/her life and the police will take it from there, because they know better.
Now, for the purpose of analysis, lets say that there was no CCTV recording of the incident. It will be Z’s words (being assaulted) against Lance Corporal Amzar’s words (consensual fighting). Z has no witness on his side to corroborate his claim of being attacked. Meanwhile, Lance Corporal Amzar has his girlfriend (Z’s ex-wife) who was there during the incident who would of course “confirm” that it was just a pergaduhan as claimed by Lance Corporal Amzar. So, without the CCTV recording, there is a possibility that the police would believe Lance Corporal Amzar’s version of the event that it was a “Pergaduhan”.
With the presence of the CCTV recording, there is no way for the police or even anyone to believe that it was just a pergaduhan. Lance Corporal Amzar got out of the car, entered through the gate (trespassing!), put Z on a chokehold, punched Z’s face many times, all the time Z didn’t even raise his hands. In fact, watching the CCTV recording, Z was punched and dragged like a ragdoll.
Now, again, please please help me understand how a clear case of VOLUNTARILY CAUSING HURT, supported by evidence, magically changed to PERGADUHAN when this case went in front of a judge.
So, what will happen after a case is already passed by the police to the DPP? The case will go to court if the DPP decides that there is enough evidence to prosecute. Note that the victim doesn’t get to decide who the allocated DPP would be. Also, note that these are public prosecutors, not defence attorneys, so they only communicate with the police and the allocated DPP is not obligated to update the victim on the development or to discuss or share with the victim about his or her “game plan” on how to proceed with the case. In other words, the decision whether to prosecute and on what charge is at the discretion of the DPP, because they know better. This became another reality that Z learned as a victim of crime.
It is easy for anybody to say or ask the victim to be patience and not to pester the police and the DPP asking for progress of the case, but only when one becomes a victim of crime would one understand the anxiety and frustrations involved wondering if and when the criminal will be brought to justice and punished accordingly.
Bear in mind that the attack took place just over a month after a military personnel physically abused to DEATH the 2-year-old son of his girlfriend in Lumut. This added to Z’s anxiety, losing sleep worried sick about his children each passing day. Lance Corporal Amzar would hang out at Z’s ex-wife house, around the kids. Once, Z’s 4-year-old son told him “kawan umi jahat”. Z informed the police about this worry, but other than that there was nothing more that Z could do to prevent his children from being the prospective subject to Lance Corporal Amzar’s violence. He just had to let the justice system runs its course (how long – unknown) and for the justice system to eventually take Lance Corporal Amzar “off the streets” (or so he thought).
Another month would pass by, and when asked, the police kept on telling Z that they have no update for him since the case was already off their hands. Each day, Z was wondering more and more whether this is normal. Whether it is normal for a violent person, who attacked someone, and got reported to the police, and the police saw the person’s violent “work” with their own naked eyes, to get to go home and continue on with his daily activities like nothing ever happened, and yeah allowed to be around the unsuspected public, free to do violence on other people.
In May 2019, three months after the attack, Z tried to contact the person who knew exactly the update to the case. Oooh Boy, Z said, the person was really elusive. In the end, Z managed to see the person. But what transpired from the short conversation with that person left Z more restless and frustrated. Right off the bat, the person asked Z three distasteful questions. By the time the person asked Z the third question, Z began to realise that the three questions were implying that Z is a nuisance for claiming that he was assaulted, that it was really a mere “pergaduhan” as claimed by Lance Corporal Amzar, and (the worst of all) that the ex-wife had full custody of the kids and Lance Corporal Amzar’s attack on Z that night was justified because Z refused to “give” the kids to them. Poor Z had to explain again the true thing that happened like he was the guilty one instead. Z mentioned that the CCTV recording would verify what he said. While seeming aware of the presence of the CCTV, the person didn’t seem to acknowledge it to play a part in their evaluation of the case. To add insult to injury, the person then told Z that “given the circumstance” and given that he is a first offender, Lance Corporal Amzar would just be fined. Z was shocked to hear this, and insisted that it was an assault punishable by jail. The person said that if Z insisted so then “be ready” for this case to take longer to conclude. Wawwww, speechless….
By the way, is there really such a thing as being spared a jail term for causing hurt if the attacker is a first offender??
…