Ismail Khan J:

The respondents were jointly tried by the sessions Court, Seremban, on the following charges.

The first respondent was charged that as President of the Town Council, Seremban, a public body, he accepted gratification in the sum of $2,500 as inducement "for preventing the performance of an official act, namely, the summary demolition of two temporary buildings at 348, Jalan Hose, Seremban," an offence punishable under s. 9(ii) of the Prevention of Corruption Act 1961. He was also charged in the alternative with bribery under s. 161 and s. 165 of the Penal Code.

The second respondent was charged that he as deputy president of the Town Council, Seremban, a public body, accepted gratification in the sum of $200 as inducement "for preventing the performance of an official act, namely, the summary demolition of two unauthorised buildings at 348, Jalan Hose, Seremban", an offence punishable under s. 9(ii) of the Prevention of Corruption Act. There were two charges in the alternative against him for bribery under s. 161 and s. 165 of the Penal Code.

The third respondent was charged with offering to the President of the Town Council Seremban, a public body, gratification in the sum of $2,500 "as inducement for preventing the performance of an official act, namely, the summary demolition of two temporary buildings at Jalan Hose, Seremban", an offence punishable under s. 9(ii) of the Prevention of Corruption Act. He was also charged with offering to the deputy president of the Town Council gratification in the sum of $200 as an inducement for preventing the performance of an official act namely, the summary demolition of two unauthorised buildings at Jalan Hose, Seremban, an offence punishable under s. 9(ii) of the Prevention of Corruption Act.

According to the prosecution, on 12 May 1965, the third respondent saw one Chin See Yin, a former Town Councillor, and gave him this story. Some time in November 1964, he had put up two unauthorised buildings on his land at Jalan Hose and had received notices from the Town Council to demolish them. In February, 1965, he saw the second respondent who said that if he gave him a sum of $200 as a deposit for the Town Council "things would be in order". He then paid him the $200 by cheque. However, some time later, he received another letter from the Town Council requiring him to demolish the buildings. He saw the first respondent who said he would look into the matter. On receiving another similar letter from the Town Council about the two buildings, he informed the first respondent. The latter inspected the two buildings and asked for a further deposit of $2,500. He gave him a cheque for the amount leaving the date blank but at the former's request endorsed it at the back. At the suggestion of Chin See Yin he instructed his solicitor Mr. Ramachandran to write to the Town Council. The letter (P19) stated that the third respondent had made two payments of $200 and $2,500 respectively by way of deposit in respect of the temporary buildings and was given the assurance that no further action would be taken in the matter of the two buildings. Mr. Gurdial Singh, the secretary of the Town Council, said in evidence that he saw both the first and second respondents about the letter but they denied any knowledge of the contents. At a committee meeting on 5 May 1965, it was decided that notices should be served on the owners of unauthorised buildings. On 13 May 1965, it was resolved at a meeting of the full Council not to carry out the demolition orders but to summon the owners instead.

The next witness, Mr. Rintoul, said he had advised the Council that the buildings be demolished but the president did not appear to fall in with his views.

The document examiner from his examination and comparison of the specimen signatures of the first, second and third respondents said that the cheque for $2,500 (P23) bore the signature of third respondent and his endorsement at the back. There was