The appellant was charged for the offence of criminal breach of trust by an agent on March 12, 1981, and the charge against him was as follows:—

"That you between 29.9.1976 and 28.7.1977 at the office of Trengganu Development and Management Berhad, 1st Floor Sim Lim Building, No. 57, Jalan Brickfields, in the Federal Territory, Kuala Lumpur, being an agent, namely the Executive Director of Finance of Trengganu Development and Management Berhad and in such capacity entrusted with certain property, to wit, the funds of the said company, committed criminal breach of trust in respect of the said funds amounting to $390,000/- and that you have thereby committed an offence punishable under Section 409 of the Penal Code."

He claimed trial to the said charge and was on April 10, 1982, convicted thereon and sentenced to imprisonment for three years by the Sessions Court at Kuala Lumpur after a trial of twenty-four days spread over a period of eight months. In order to understand the case for the prosecution and the appellant's defence it would be useful to set out here briefly the background facts of the case. Background Facts:

The offence of criminal breach of trust by an