Zulkefli Makinudin FCJ:

Background

[1] This is an appeal by the appellant against the decision of the High Court at Kuala Lumpur in dismissing the appellant's application to be restored to the Roll of Advocates and Solicitors pursuant to s. 107 of the Legal Profession Act 1976 ("LPA"). The relevant background facts of the case are as follows:

1. On 25 August 1989 the appellant was admitted as an advocate and solicitor to the High Court of Malaya.

2. On 1 December 1989 the appellant joined the Legal and Judicial Service and was appointed as a Magistrate at the Kuala Lumpur Magistrate's Court.

3. The appellant was charged on 28 November 1992 in the Sessions Court for soliciting ("the 1st charge") and for accepting ("the 2nd charge") corrupt money under s. 3(a)(i) and s. 4(a), Prevention of Corruption Act 1961 ("PCA").

4. On 8 March 1993, the Sessions Court discharged and acquitted the appellant of both charges without calling for the defence.

5. The prosecution appealed to the High Court, which affirmed the acquittal and discharge of the appellant in respect of the 1st Charge under s. 3(a)(i), but allowed the prosecution's appeal in respect of the 2nd charge under s. 4(a), P