Haidar Mohd Noor FCJ:

The appellant, after he was dismissed as the Deputy Prime Minister and Minister of Finance, was subsequently charged before the High Court on 5 October 1998 with five counts of sodomy under s. 377B of the Penal Codeand five counts of corrupt practice under s. 2(1) of the Emergency (Essential Powers) Ordinance No. 22 of 1970("the Ordinance"). He claimed trial to all ten charges. The prosecution elected to proceed with four charges under s. 2(1) of the Ordinanceand applied to the High Court for the four charges to be tried together pursuant to s. 165 of the Criminal Procedure Code (FMS Cap. 6)("CPC"). The defence did not object and it was accordingly allowed.

The appellant was found guilty on all the four charges, as amended at the close of the prosecution case, by the High Court. The appellant was convicted and sentenced to six years’ imprisonment on each of the amended charges, the sentences to run concurrently. The learned judge, however, ordered the sentences to take effect from the date of conviction instead of from date of arrest of the appellant.

On appeal to the Court of Appeal, the appellant’s appeal against the conviction and sentence was dism