Abdul Malik Ishak JCA (delivering judgment of the court):

INTRODUCTION

[1]Dato' Saidin bin Thamby ('the respondent') was charged on 15 September 1999 in the Shah Alam Sessions Court ('trial court') for committing an offence of corruption under s3(a)(i) of the Prevention of Corruption Act 1961 (Revised 1971) Act 57 ('PCA') for corruptly receiving from one Dato' Dr Hanifah bin Nordin ('SP1'), the managing director of a company known as Syarikat Nusantara Network Sdn Bhd ('Nusantara'), for himself a gratification of RM1m vide a crossed Malayan Banking cash cheque No 170871 marked as exh 'P12' ('cheque') as a remuneration for assisting Nusantara in obtaining the approval of the Selangor State Exco in respect of Nusantara's application for a piece of state land comprised in a portion of Lot 4287, Seksyen Pekan Batu Caves, Mukim Selayang having an area of 209,632.5 square ft ('land').

[2]At the close of the prosecution's case before the trial court, the charge was amended and that amended charge against the respondent was worded in the Malay language as follows:

Bahawa kamu pada 15hb Mac 1997, lebih kurang pukul 12.00 malam, di No. 2, Jalan Selaseh 4, Taman Selaseh, Batu Caves, dalam Daerah Gombak, di dalam Negeri Selangor Darul Ehsan, telah secara rasuah menerima untuk diri kamu suatu suapan, iaitu sekeping cek Malayan Banking Berhad nombor 170871, berjumlah RM1 juta, daripada Dato' Dr. Hanifah bin Nordin, bekas Pengerusi Eksekutif Syarikat Nusantara Network Sdn Bhd, sebagai upah kepada kamu kerana telah melakukan suatu perbuatan, iaitu membantu syarikat itu dalam permohonan tanah Kerajaan di sebahagian Lot 4287, Section 4, Pekan Batu Caves, Mukim Batu, Daerah Gombak, Selangor untuk mendapatkan kelulusan Majlis Mesyuarat Kerajaan Negeri Selangor, di mana permohonan itu telah diluluskan oleh Majlis Mesyuarat Kerajaan Negeri Selangor pada 4hb Oktober 1995, dan dengan itu kamu telah melakukan satu kesalahan di bawah Seksyen 3(a)(i) Akta Pencegah Rasuah 1961 (Akta 57), yang boleh dihukum di bawah Seksyen yang sama.

[3]It must be stated that the underlined word 'bekas' was the only amendment made to the original charge on 31 October 2000 at the close of the prosecution's case. The prosecution called 28 witnesses. When the respondent's defence was called, the respondent elected to give his evidence under oath and he also called eight other witnesses.

[4]At the close of the defence case, the respondent was found guilty by the trial court and convicted as per the amended charge and sentenced to one year imprisonment, and fined RM10,000 in default six months' imprisonment and was also ordered to pay the penalty of RM1m to the Federal Government.

[5]The respondent appealed to the High Court against his conviction and sentence. The public prosecutor ('the appellant') filed a cross-appeal against sentence.

[6]Before the High Court, the respondent's appeal against his conviction and sentence was allowed. Accordingly, the High Court set aside the respondent's conviction and sentence as well as the penalty. The respondent was acquitted and discharged by the High Court and he was set free. The High Court also dismissed the cross-appeal by the appellant.

[7]Aggrieved, the appellant filed an appeal to this court.

THE PROSECUTION'S CASE

[8]On 15 March 1997 the respondent was the State Assemblyman for the constituency of Paya Jaras in Selangor and in that capacity he was also a member of the Selangor State Legislative Assembly. On that date, the respondent was not a member of the Selangor State Exco (the body, that approved land applications). But he was a member of the Land Committee for the district of Gombak as well as a member of the Development Committee for the district of Gombak.

[9]The respondent used to hold the position of an Exco member of the Selangor State Government and he was also, at one time, the speaker of the Selangor State Legislative Assembly.

[10]Nusantara was incorporated on 17 September 1994 with the object of developing any land situated i