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1981 MarsdenLR 250

TAN CHIAW THONG
PUBLIC PROSECUTOR – Appellant
Versus
ABANG ABDUL RAHMAN – Respondent


Advocates:
Nik Hashim bin Nik Abdul Rahman (Deputy Public Prosecutor) for the appellant.
Mohamed Asfia Awang Nassar for the respondent.

Tan Chiaw Thong J

In the lower court, the respondent was tried on the following charge: —

"That you, on or about 17th June, 1974 at the Kalaka District Council's office, Saratok, 2nd Division, Sarawak, being an agent of the Kalaka District Council, to wit, the Secretary of the said Council, being employed as such by the Council did knowingly use with intent to deceive your principal, a document, to wit, payment voucher No. 11/6 dated June 17, 1974, in respect of which your principal is interested and which document contains statements which are false in material particulars, in that a sum of dollars one thousand, two hundred and sixty-four and cents nil ($1,264) of air passages had been incurred by yourself, wife and four children for trips from Kuching to Kuala Lumpur and back whereas no such expenses for air passages had been incurred, and which to your knowledge is intended to mislead your principal and that you have thereby committed an offence under section 4(c) of the Prevention of Corruption Act, (Revised — 1971) Act 57, punishable under section 4 thereof."

He was acquitted on the said charge. The appellant has appealed to this court on a number of grounds. The appellant had

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