The 1st accused, former State Assemblyman and Executive Council member and, for a brief period, the acting Chief Minister of Melaka, was charged for corrupt practice under section 2(1) of the Emergency (Essential Powers) Ordinance, No. 22 of 1970 and, pursuant to a certificate issued by the Attorney-General under section 416A of the Criminal Procedure Code, was jointly tried with the 2nd accused, who was charged with abetting him.

In order to facilitate a speedier understanding of the prosecution case, which, for reasons such as court's convenience, prosecution's tactics, witnesses' convenience, not mentioning their late arrivals, could not be presented in a more convenient sequence, I shall first, without going into their merits, set down briefly the prosecution case in a more orderly sequence.

At the time relevant to the charge the 1st accused was a member of the State Legislative Assembly and also a member of the State Executive Council. The 2nd accused was an employee of an advertising agency in Singapore. He was then a Singapore citizen and resided with his wife and children in the Republic. He also owns a business known as General Enterprise in Melaka of which business he was the General Manager and his younger brother, Daud bin Baba, was the Manager. Sometime in 1974 2nd accused approached one Victor Khoo Cheng Boon (PW23), the Assistant General Manager of Times Publishings, Singapore, with a view to seeking Singapore investors desirous of forming a joint venture company to operate a prawn hatchery. 2nd accused said that he could get a piece of Government land if the Singaporeans were willing to provide the bulk of the capital and the expertise. Victor Khoo in turn introduced 2nd accused to one Lim Thor Lung, a petrol dealer. According to this witness, the introduction took place sometime in the month of January 1974. He was introduced to 2nd accused in February and he made one more visit in June or July 1974 before finally deciding to establish a company in January 1975.

At about the same time several transactions took place in Melaka. In January 1974 1st accused called at the District Office, Alor Gajah. As a State Assemblyman for that area and a member of the State Executive Council, known to most of the Government officers there, he had no difficulty at all in requesting for the special map of the Kuala Linggi area for his inspection. He then pointed out a particular area and asked for its tracing. That tracing was made up and handed to him immediately. A fee of $5 was also paid by him for that tracing.

On February 23, 1974 2nd accused drafted a letter (P6), requested his niece Kipah binti Othman (PW27) to type and sign it in her name and the same was received by the then Chief Minister on the same day. And on that very same day the Chief Minister minuted it to the District Officer, Alor Gajah, directing that the application be processed at once. Exactly four days after this on February 27, 1974 one Syed Ali bin Syed Idrus Al-Habshi (PW7), who was then the Assistant District Officer, wrote to Kipah requesting her to call at his office to fill up the necessary forms. On March 2, 1974 Kipah and the 1st accused travelled together in the 1st accused's car from Masjid Tanah to the Land Office, Alor Gajah. In the office of the Assistant District Officer a Settlement Officer, Stanley Gui (PW5) filled up an application form (P6C) while the 1st accused filled up the questionnaire form (P6F) both in connection with the application for State land. Kipah signed both the forms. As from this moment onwards the machinery for processing the application went into top gear. Letters were sent out immediately to various departments for their comments.

At about this time too, General Enterprises, the company owned by the 2nd accused and his brother Daud, went through a sudden transformation. The number of partners of the firm was increased from 2 to 5 and notably amongst the 5 new partners was the name of Abdul Ghani bin Ish