GOPAL SRI RAM JCA (DELIVERING THE JUDGMENT OF THE COURT) We heard and allowed these appeals on 4 September 1995. The reasons for our decision now follow.

Facts and background

Periasamy s/o Sinnappan -- whom we shall throughout this judgment refer to as the first appellant -- was charged in the Sessions Court at Kuala Lumpur on three counts of criminal breach of trust. Balakrishnan s/o Nalliah, whom we shall refer to as the second appellant, was charged with three counts of abetting the first appellant in the commission of the principal offence. The appellants were jointly tried. For completeness, we will set out the amended charges framed against each appellant.

As against the first appellant, the following charges were framed:

First Charge

That you on 11 July 1986 at the Cooperative Central Bank Ltd, 107 Jalan

Bunus, in the Federal Territory of Kuala Lumpur, being an agent of the

Cooperative Central Bank Ltd, to wit, the chief executive and in such

capacity entrusted with dominion over certain property, to wit, RM16,

004,159.68 committed criminal breach of trust in respect of the said

property and that you have thereby committed an offence punishable

under s 409 of the Penal Code.

Second Charge

That you on 11 July 1986 at the Cooperative Central Bank Ltd, 107 Jalan

Bunus, in the Federal Territory of Kuala Lumpur, being an agent of the

Cooperative Central Bank Ltd, to wit, the chief executive and in such

capacity entrusted with dominion over certain property, to wit, RM2,000,

000 committed criminal breach of trust in respect of the said property

and that you have thereby committed an offence punishable under s 409

of the Penal Code.

Third Charge

That you on 16 July 1986 at the Cooperative Central Bank Ltd, 107 Jalan

Bunus, in the Federal Territory of Kuala Lumpur, being an agent of the

Cooperative Central Bank Ltd, to wit, the chief executive and in such

capacity entrusted with dominion over certain property, to wit, RM1,995,

837.10 committed criminal breach of trust in respect of the said

property and that you have thereby committed an offence punishable

under s 409 of the Penal Code.

The charges framed against the second appellant read as follows:

First Charge

That you, between 14 June 1986 and 11 July 1986 at the Cooperative

Central Bank Ltd, 107 Jalan Bunus, in the Federal Territory of Kuala

Lumpur, abetted the commission of the offence of criminal breach of

trust of certain property, to wit, RM16,004,159.68 belonging to the

Cooperative Central Bank Ltd by an agent, namely, Periasamy s/o

Sinnappan which offence was committed in consequence of your abetment

and that you have thereby committed an offence punishable under ss 109

and 409 of the Penal Code.

Second Charge

That you, between 14 June 1986 and 11 July 1986 at the Cooperative

Central Bank Ltd, 107 Jalan Bunus, in the Federal Territory of Kuala

Lumpur, abetted the commission of the offence of criminal breach of

trust of certain property, to wit, RM2,000,000 belonging to the

Cooperative Central Bank Ltd by an agent, namely, Periasamy s/o

Sinnappan which offence was committed in consequence of your abetment

and that you have thereby committed an offence punishable under ss 109

and 409 of the Penal Code.

Third Charge

That you, between 14 June 1986 and 16 July 1986 at the Cooperative

Central Bank Ltd, 107 Jalan Bunus, in the Federal Territory of Kuala

Lumpur, abetted the commission of the offence of criminal breach of

trust of certain property, to wit, RM1,995,837.10 belonging to the

Cooperative Central Bank Ltd by an agent, namely Periasamy s/o

Sinnappan which offence was committed in consequence of your abetment

and that you have