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2008 MarsdenLR 1219

HIGH COURT MALAYA MELAKA
PP – Appellant
Versus
BALVEER SINGH MAHINDAR SINGH – Respondent


JUDGMENT

I. THE CHARGES

[1] In the sessions court, the prosecution preferred three charges under the Prevention of Corruption Act 1961 against the accused. These charges concern gratification from one Ee Chong Peng ("the complainant") as inducements to refrain the accused from taking actions against the foreign workers of the complainant at his construction site, and may be tabulated as follows:

Date, time and place
Allegation
(1)
6 August 1996 2.30pm Klebang Beach Resort, Resort")
Corruptly accepted for himself RM2.000, punishable under s. 4(a).
(2)
16 August 199610.45am Tek PPH Batang Tiga
Corruptly solicited for himself RM2.000 punishable under s. 3(a) (ii)
(3)
29 August 19967.00pm Straits Cafe Jalan Ujong Pasir, Melaka Tengah
Corruptly accepted for himself RM1,000 punishable under s. 4(a).

II. APPEAL

[2] On 28 August 2001, the learned sessions court judge ("the trial judge") acquitted and discharged the accused of all the three charges at the close of the case for the prosecution, without calling for defence.

[3] The instant appeal is lodged by the prosecution against the said acquittals.

III. INGREDIENTS OF THE CHARGES

[4] In order to establish a prima facie case in all the charges under s. 4(

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