Peh Swee Chin FCJ:

This criminal reference brought under the old s. 66 (since repealed) of the Courts of Judicature Act 1964 deals with an alleged offence of cheating against the applicant which was alleged to have taken place on 7 May 1983. The applicant was originally charged in the Sessions Court, Kuala Lumpur and was acquitted and discharged on 31 January 1985 at the close of prosecution case without his defence being called. The Public Prosecutor then appealed against such an order of acquittal to the High Court which set aside the order of acquittal and ordered a retrial.

The retrial before a different Sessions Court judge took place and at the close of the case for the prosecution, the applicant was again acquitted and discharged for the second time without his defence being called. For the second time the Public Prosecutor again appealed and again the appeal was allowed, the order of acquittal was again set aside, ordering further that the applicant be called for his defence.

This time, the applicant was dissatisfied with the decision of the High Court and he applied for leave to refer to the Supreme Court certain questions of law. The Supreme Court, on 4 Februar