Two charges were levied against the appellant, a settlement officer, for corruptly soliciting a bribe under s 3(a)(ii) of the Prevention of Corruption Act 1961 (the Act) and for corruptly accepting a bribe under s 4(a) of the Act. After a lengthy trial, the sessions court judge called the defence of the appellant for both charges and, finally acquitted the appellant of the offence under s 3(a)(ii) of the Act but convicted the appellant of the offence under s 4(a) of the Act. The public prosecutor appealed against the order of acquittal, while the appellant appealed against the order of conviction and sentence. For the conviction under s 4(a) of the Act, the sessions court judge sentenced the appellant to one days imprisonment and a fine of RM4,000, in default one years imprisonment. The appellant was also ordered to pay a penalty in the sum of RM500 to the Government of Malaysia within one month from the date of the sentence. By virtue of s 13 of the Act, that penalty shall be recoverable as a fine. The appellant paid both the fine and the penalty.

On 14 December 1993, the public prosecutor withdrew the appeal against acquittal filed by them earlier