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2005 MarsdenLR 2229 ; 2005 MarsdenLR 1

ABDUL MALEK AHMAD, ALAUDDIN MOHD SHERIFF, SITI NORMA YAAKOB
PP – Appellant
Versus
DATO WAAD MANSOR – Respondent


Advocates:
For the appellant - Abdul Karim Abdul Jalil SFC
For the respondent - Amir Ismail; M/s Halim & Ismail

JUDGMENT

Alauddin Mohd Sheriff FCJ:

At the High Court in Seremban, the respondent faced three amended charges for offences under s. 2(1) of the Emergency (Essential Powers) Ordinance No. 22 of 1970 ("the Ordinance").

The charges read as follows:

1st Amended Charge

That you on the 21st December 1992 at about 10.00 am at Bilik Gerakan, Tampin District Office, in the State of Negeri Sembilan, being a member of the State Legislative Assembly Gemencheh, Tampin committed corrupt practice by using your public position for your pecuniary advantage in that you did take part in a decision of the District of Tampin Land Committee in which you had an interest, to wit deciding that the application by Syarikat Teraju Nusantara Sdn. Bhd. to acquire State land at Mukim of Repah, in the District of Tampin comprising of about 20.146 hectares by way of Temporary Occupation Licence (TOL) with permit and 4 hectares by way of alienation for quarry industries in an application file PTT 1/2/545 be forwarded to the Negeri Sembilan State Executive Council with a recommendation for approval and that you have thereby committed an offence punishable under Section 2(1) of the Emergency (Essential Powers) Ordin

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