Lee Hun Hoe CJ (Borneo)

(delivering the judgment of the court): Pursuant to section 66(1) of the Courts of Judicature Act 1964, the following two questions were reserved for the decision of this court:

(1) When there is an appeal pending and no grounds of judgment are available, can the High Court act in revision?

(2) If the answer is yes, what is the proper order the learned judge should make.

The facts may be set out briefly. On 13 December 1982, the two applicants and one Munajat bin Taib were jointly charged with having committed an offence under section 4(a) of the Prevention of Corruption Act 1961. On 19 March 1984 they were found guilty as charged. The first applicant was sentenced to three months' imprisonment, the second applicant to one month's imprisonment, and Munajat to one day's imprisonment and a fine of $500 in default two months' imprisonment. They were also each ordered to pay $5 to the Federal Revenue pursuant to section 13 of the said Act. Being dissatisfied with the decision, the two applicants appealed to the High Court. On 28 August 1987 the High Court, after hearing arguments, dismissed the appeal and confirmed the convictions and sentences.

The learned Pres