Abdul Hamid Mohamad JCA:

The respondents were separately charged but jointly tried in the Sessions Court. The first respondent was charged with two counts in case No. 61-15-97. The first charge was under s. 3(a)(ii) of the Anti-Corruption Act 1961 (Act No. 57) ("the Act") punishable under s. 3 of the Act. The second charge was under s. 4(a) and punishable under s. 4 of the Act.

For the first charge the first respondent was convicted by the Session's Court and sentenced to two weeks' imprisonment and a fine of RM3,000, in default three months' imprisonment. For the second charge, he was also sentenced to two weeks' imprisonment and a fine of RM3,000, in default three months' imprisonment. He was also ordered to pay a penalty of RM50 to the Government of Malaysia, in default one month's imprisonment. The Sessions Court also ordered that the sentences of imprisonment, other than the sentences of imprisonment in default, to run concurrently.

The second respondent was charged with three counts in case No. 61-16-97. The first two charges were under s. 3(a)(ii) and punishable under the same section of the Act. The third charge was under s. 4(a) and punishable under the same secti