Ali FJ ((read by Ismail Khan CJ) delivering of the Court):

The appellant was tried on four charges of criminal breach of trust under s. 409 of the Sarawak Penal code, Cap. 7 and was convicted and sentenced on three of them. On the third charge he was acquitted on the ground that the prosecution failed to make out a prima facie case.

All the four charges in this case were in respect of cash belonging to Mohamed Zain bin Laji who, pending his trial on a charge of murder, was on remand in Sibu Prison. The appellant was the officer-in-charge of the prisons and in that capacity was said to have been entrusted with the prison's belongings for safe keeping.

The facts which are not in dispute are shortly as follows: On 2 January 1971 the police from the Anti-Corruption Agency, Sibu, Sarawak raided the Sibu Prison and discovered that a substantial amount cash belonging to the remand prisoner missing from the office safe. Cash belonging to six other detainees were also found missing but no detailed evidence was given in respect of it and it was not suggested that the appellant had anything to do with it. Evidence against the appellant, however, was in respect of money which belong