JUDGMENTBY: WAN YAHYA J

This is an appeal by the Public Prosecutor against the decision of the President Sessions Court, Melaka, wherein he acquitted and discharged the respondent on the 1st and 2nd charges at the close of the prosecution case and the 3rd charge at the conclusion of the defence case.

The respondent was the former headmaster of the Merlimau English School. As a headmaster he was also ex officio Secretary to the Board of Managers of the school. It was his duty to maintain account books, to collect moneys from government and private sources and credit them into the school accounts; to make out various cheques for teachers salaries and teaching allowances. He was also authorised to draw out and expend money for other activities connected with the school. In fact, with his practical involvement and experience, his superior knowledge and authority in the school plus the implicit trust the Chairman of the Board, a retired P.W.D. technician, had on him, gave the respondent an almost complete domain over the financial affairs of the school. Cheques for payment out from the school would normally be accompanied by vouchers prepared by the respondent, but whether supported