Heliliah Mohd Yusof J:

Appeal

The appellants were bailors and are appealing against the Sessions Court Judge's order that a sum of RM5,000 out of RM10,000 bail amount be forfeited.

Summary Of The Case

1. The accused, (Novel Michael Thomas) was charged at the Sessions Court of 2 charges of cheating under Penal Code, s. 420 which the two appellants stood as sureties. The sum of RM10,000 was deposited in the Sessions Court as security for the bail bond.

2. On 19 April 2001, the defence counsel raised a preliminary objection on the ground that the ACA has no locus standi to institute and conduct charges under s. Penal Code, s. 420 as the offence was not an offence under the Anti Corruption Act 1997 or a prescribed offence under the Act. The learned Session Court Judge reserved decision on 20 April 2001 and on that day rejected the objection. The trial was then proceeded with the calling of 3 witnesses and was postponed to 25 and 26 July 2001 as the investigation officer was on leave.

3. On 20 April 2001, by a letter the defence counsel filed a petition to the High Court for a revision of the learned Sessions Court Judge's decision rejecting the preliminary objection.

4. O