Lee Hun Hoe CJ (Borneo):

The applicants applied for leave to refer several questions under s 66(1) of the Courts of Judicature Act 1964. After hearing the parties we granted leave on one question of law which we considered to be of public interest which had arisen in the course of the appeal in the High Court. The question reads:

1

In the appeal against acquittal from the decision of the Subordinate Court to the High Court can the High Court call for a demonstration by a chemist and if so whether the High Court can disregard the result and or effect of the demonstration in its judgment.

It is necessary to set out briefly the facts. On 22 November 1979 in the Sessions Court, Kelang, two charges were preferred against the two applicants for offences under s 4(a) and punishable under s 4 of the Prevention of Corruption Act 1961. Under each charge they were alleged to have accepted RM100 from Mak Chen as an inducement for doing an act, that is, by giving a favourable report in respect of a traffic accident. At the close of the prosecution case the 2nd charge was amended by the substitution of the words `sketch plan and map" for the words "favourable report". Both applicants were ac