Laville J:

This is an appeal by the Public Prosecutor against the acquittal of Mr. Thorburn by the Circuit Magistrate, Kluang, on a charge of behaving in a disorderly manner while carrying a firearm at the Ulu Remis Estate, Layang Layang, on 24 May 1949 about 1.30 a.m. contrary to s. 6(c), Emergency Reg. 1948.

The case was heard at Kluang on 25 July 1949 and concluded the same day.The prosecution evidence was that Mr. Thorburn arrived at the Estate guardroom with his wife in a car from Johore Bahru about 1.30 a.m. He is the Manager of Ulu Remis Estate.Owing to the fact that his way lay through a danger area (from bandits) and his wife was with him, he had instructed a guard to meet him at Kulai about 10 p.m. to escort him in to his bungalow.He was late at Kulai and the guard had returned to the estate.He was therefore compelled to risk the journey from the main road to his bungalow unescorted through an admittedly dangerous area.As a result, when he reached the guardroom on the estate, he was out of temper to a marked degree.

When he reached the guardroom he called out Cpl No. 8751 and abused him and spat at him; at the time he had a 45 Colt automatic in his hand which he pointed at the Cpl Cpl Sitam bin Ujang, No. 8725, corroborates this story as an eye-witness, but cannot say if the spitting was accidental or otherwise.

From the guardroom Mr. Thorburn went in his car to his house and was rung up by Sgt Smith in charge of the Special Constables.Mr. Thorburn's wife answered the phone and very shortly after Sgt Smith heard eight automaticweapon shots; shortly after Mr. Thorburn rang him up and complained about not having been met and escorted back.After hearing the shots Sgt Smith went to Mr. Thorburn's bungalow and as a result of his orders the Special

Constable on duty there, No. 23635, picked up eight empty cartridge cases of 45 ammunition near Mr. Thorburn's car his evidence is they were still warm, and that he saw accused fire eight rounds.Mohamed Noor bin Raju, Special Constable No. 23642, confirms this.

Prosecution evidence as to the reactions of the people who heard the shots fired was as follows: Sgt Smith says "If I hear a shot go off I would naturally think that it was from a bandit"; Jantan bin Yusof, Special Constable No. 23635, then at the gate says "I was afraid of the explosions"; Special Constable No. 23642 a chain away from Mr. Thorburn's house says "I lay down when I saw the flashes"; Manap bin Jema'at, Special Constable Body Guard, seven chains away was awakened by the shots; he dressed hurriedly came out and took over.

Mr Thorburn gave evidence in defence.He said he was apprehensive at having to drive to his bungalow from the main road with his wife in the car along a road in a bandid area at between midnight and 1.00 a.m. and was annoyed at not having been met and escorted as he expected.He denied pointing a weapon at any of the inhabitants of the guard house or spitting at them, but admits that in his indignant expostulation to the Corporal some spittle may have been ejected on him.On reaching the house he rang up Sgt Smith and complained of the absence of an escort, then went back to the car to fetch his weapons.The 45 automatic was loaded with seven rounds and, as he was carrying it in with the other weapons, it went of by accident and his involuntary muscular reaction set it off again.He admits that the other shots he fired deliberately into the air towards the north where there are no houses.He can give no reason as to why he did so.

Mrs. Thorburn says her husband was annoyed at the guardhouse and also in the bungalow after telephoning Sgt Smith, but was never out of control.Accused's driver Kuppusamy denies that accused at the guardroom had a weapon in his hand at all.

The learned Magistrate was clearly at a loss as to the nature of disorderly conduct and the meaning of the word "disorderly" and says as much in his grounds of judgment.He accepts the evidence of Cpl 8751 as to accused abusing