“I knew it was wrong,” said Ling
BANDAR SERI BEGAWAN
THE witness, Ling Wei Ren @ Lim Sheng Juih @ Thomas, Ling told the court that it was the defendant who encouraged him to make friends with BSP employees and to find out from them what products they needed so that Musfada could find these products and supply them to BSP.
Some time around 1999, Chong told Ling to see if he could try to get more sales by offering BSP employees commission of 10 per cent of the value stated on the BSP Purchase Order.
“Before this, I never thought of offering commission to BSP employees to purchase Musfada Products.
“I started offering and giving commission to BSP employees because my boss Chong told me to do so,” said Ling.
BSP employees, said Ling, would usually contact and inform him what Musfada Products the ordered or would be ordering.
The employee would also tell Ling whether or not the products needed to be delivered and how much was needed.
Ling would then wait for the BSP Purchase Order.
Once received the BSP Purchase Order as well as preparing other relevant documents, Ling would calculate the commission to be paid depending on whether the products were going to be fully delivered, partially delivered or not delivered at all.
Ling would then calculate the commission on a piece of paper and pass it together with all the relevant document to Musfada’s accountant to prepare the payment voucher from Musfada Payment Voucher and HSBC cheque from Musfada for the commission to be paid to the BSP employees.
These documents would then be passed to Chong to check and approve, after which is passed over to Musfada’s Accountant.
The cash would either be withdrawn by Ling or Musfada’s accountant.
Ling said that the cash would be put into an envelope by Chong and later passed on to BSP employees.
Ling said that there were times when BSP employees had asked for higher commission.
Ling would tell Chong about this each time and if the defendant approves, the BSP employees would get their commission.
However, there were times when the amount of commission that the BSP employees asked for was very high, to which Chong could not give as he would not be able to cover his costs.
“(Chong) said that it would only be possible to give such a high commission if we did not have to deliver the products ordered,” said Ling.
Ling told the court that before 2005, Chong had called on a meeting with him and Liew on calculating commission payment to all BSP employees in two ways
First, if BSP end-user wanted the goods to be delivered, Musfada will pay commission of 30 per cent of the BSP Purchase Order value of the delivered items as commission to the BSP employee(s) involved.
Second, if the BSP end-user does not want the goods to be delivered, Musfada will pay commission of 50 per cent of the BSP Purchase Order value of the delivered items as commission to the BSP employee(s) involved.
Some time after the meeting, Chong asked Ling to find someone in the STL Department who would sign the Musfada Delivery Note even when no delivery was made.
This was after they discovered they had difficulties of getting Musfada Delivery Note signed when the company did not deliver the products ordered.
“Chong also told me to find out how much money we would have to pay that person to get him to do so,” said Ling.
The witness knew Hj S Jefferydean from the STL Department and contacted him to ask if he would cooperate by signing even though no delivery was made.
“We discussed how much he would get for each Musfada Delivery Note and Hj S Jefferydean agreed to $150 for each time he cooperated,” said Ling.
Ling would later tell Chong that Hj S Jefferydean had wanted $600 for each time he signed when the products were not fully delivered, to which Chong agreed to pay.
“I said $600 instead of $150 because I wanted to keep the difference for myself,” said Ling.
He went on to say that for orders that were fully delivered, he did not give Hj S Jefferydean any commission.
In addition to the commission, Ling said that, following Chong’s instruction and approval, loans were also given to BSP employees upon request as well as hampers.
“The was done in order to maintain good relationship with BSP employees so that they would continue to order products from Musfada,” said Ling.
“I regret what I did. I know that it was wrong for me to give commission, loans and hampers to the BSP employees on Chong’s instructions. I should have never agreed to do so. However, I was only following the instructions of Chong,” said Ling.
Ling admitted that he kept part of the commission that Chong had asked him to give to BSP employees.
“My practice was to keep half of the commission amount approved by Chong for myself if the ordering of the goods involved payment of commission to one BSP employee.
“If more than one BSP employee was involved in the ordering goods, I would divide the commission between those BSP employees and myself,” said Ling.
Ling further said that he only practiced keeping part of the commission some time after he started and he did not tell Chong about it.
“This was because I knew what I did was wrong and I was afraid that I was so actively involved in Chong’s plan to pay commission to BSP employee,” said Ling.
The Brunei Times