Murray-Aynsley CJ:

In this case the appellant was charged as follows:

That he on or about 23 February 1949 at Jurong Road, Singapore, abetted the commission by one PC 888 Mohamed Yusof bin Abdul Samid a public servant, of the offence of receiving an illegal gratification of two dollars ten cents Singapore currency for forbearing to do an official act to wit effect the arrest of both himself and one Koh Kim Peng for two persons riding on one bicycle, and thereby committed an offence punishable under s. 161 and s. 116 of Ch 20.

The incident out of which this trouble arose was rather peculiar.The appellant and another man were found both riding the same bicycle.This apparently is an offence for which people can and are arrested.

The prosecution alleged that after being arrested the appellant offered money to a PC. The appellant denied this.After Counsel for the defence had addressed the Court the Magistrate recalled certain prosecution witnesses.This, it was admitted, was in the circumstances irregular.It was contended by the learned Deputy Public Prosecutor that this had not occasioned any miscarriage of justice. I am unable to agree.It is true that the evidence so obtained did not amount to much, but the Magistrate was presumably in some doubt before, and he seems to have overcome his doubt by means which were not open to him.

The appeal must be allowed and the conviction quashed.The sum of $2.10 will be returned to the appellant.

Appeal Allowed.