Low Hop Bing JCA:

Introduction

[1] The accused faces three charges under s. 2(1) of the Emergency (Essential Powers) Ordinance No. 22 of 1970 ("Ordinance 22") in the Melaka High Court. After a protracted trial, he was found guilty and convicted. On each charge, he was sentenced to two years' imprisonment to run concurrently, and a fine of RM20,000.00 or six months in default (collectively "the sentence").

[2] This is the accused's appeal against the conviction and sentence.

[3] For brevity and convenience, a reference hereinafter to a section is a reference to that section in Ordinance 22, unless the context otherwise requires.

The Charges

[4] In essence, the three charges preferred against the accused (collectively "the charges") are that at three separate meetings held at the meeting room of the Melaka State Executive Council ("the EXCO"), as a member of the administration, to wit, a member of the EXCO, he committed corrupt practice by using his public position for his pecuniary advantage in that he did take part in the meetings and decisions of the EXCO in relation to three separate applications by Ivory Heights Sdn. Bhd. ("Ivory Heights") in which he had an interest. T