Dato' Abdul Aziz bin Mohamad J:

On 17 April 1989 one Harun bin Othman and the appellant were charged in the Sessions Court in Kuala Lumpur. Harun faced a principal charge of criminal breach of trust by an agent under s. 409 of the Penal Code, a first alternative charge of cheating under s. 420 and a second alternative charge of theft by a clerk under s. 381. In all the three charges, the time of commission of the offence was said to be between 1 July and 14 July 1988, the place was said to be at Bank Negara Malaysia in Kuala Lumpur, and the property the subject of the offence was said to be "Malaysian Ringgit 22,200,000". The appellant faced a principal charge and two alternative charges of abetting the respective offences alleged against Harun. The dates were as in the charges against Harun, but the place of abetment was said in all the three charges to be at Bank Bumiputra Malaysia Berhad Menara Dayabumi Branch in Kuala Lumpur.

On 5 May 1989 Harun pleaded guilty to the second alternative charge of theft, the offence for which the penalty prescribed is the least severe of the three. He was convicted and sentenced to five years imprisonment and a fine of RM50,000. He has