We dismissed this appeal against the order of the High Court at Penang refusing the appellant's application for certiorarito quash the decision of the court martial held in Penang on 25 May 1990 whereby the appellant was dismissed with disgrace from His Majesty's service.

The appellant ('the accused') had claimed trial to the following charges to which full particulars were annexed before he pleaded to them. Briefly, the charges were:

— firstly, that on 11 September 1987 he had committed a civil offence and thereby committed an offence against s 88 of the Armed Forces Act 1972 ('the Act') in that he had committed a corrupt practice against s 2(1) of the Emergency (Essential Powers) Ordinance No 22 of 1970. Alternatively, that at the same time and place he had behaved in a scandalous manner unbecoming of the character of an officer and a gentleman in contravention of s 85 of the Act;

— secondly, that on 15 February 1988 he had committed an act to the prejudice of good order and service discipline contrary to s 87 of the Act; and

— thirdly, that he had committed a similar offence on 26 September 1987.

Seven witnesses gave evidence in support of the prosecution's c