JUDGMENT

Hashim Yeop Sani FJ:

Applicant was at the material time a news editor of TV Malaysia earning a salary of RM1,250 per mensem. On 25 August 1982 he was charged in the Sessions Court, Kuala Lumpur on two counts under s. 4(c) of the Prevention of Corruption Act 1961. In essence the charges were that he did knowingly use with intent to deceive the Malaysian Government two documents claiming subsistence allowances for two days in December 1975 and January 1976 and the total amount for each claim was RM36.

At the close of the prosecution case the learned President called for the defence in respect of both charges. The applicant gave evidence. In his evidence the applicant did not dispute that the dates mentioned in the charges were incorrect but stated that it was an honest mistake firstly because when he prepared the claims he merely relied on the dates on the new hotel receipts since he had lost the old receipts and secondly he was very busy with his work at that time. His superior who was a prosecution witness (PW3) admitted that applicant was busy during the material period because of shortage of staff.

After hearing the defence learned President acquitted the applicant of bo