The appellant in this case was convicted by the Magistrate Court of the First Class at Labuan on a charge under section 4(a) of the Prevention of Corruption Act, 1961, and was sentenced to 4 months' imprisonment and ordered to pay a sum of $60/- under section 13 of the said Act. He appealed against sentence and conviction.

I heard the appeal on October 6, 1981 and allowed it. I ordered a retrial in this case. I said I would reduce the grounds of my decision in writing which I now do.

The petition of appeal contained seven grounds, most of which are overlapping. Counsel for the appellant decided, I think correctly, at the outset of the heating to pursue two of the grounds only. In view of the order for retrial which I have made I do not think I should go into the evidence or comment on it too far.

Very briefly the case for the prosecution was that the appellant as a police officer demanded and obtained a sum of $60/- from P.W.4 for forbearing to take any action against P.W.4 in respect of a traffic offence. The defence very shortly was that the sum of $60/- received by the appellant was repayment of a loan which appellant had made to P.W.4 as evidenced by a letter signe