Thean J

This is an appeal against the decision of the district judge given on 2 February 1987 in which, upon application by the prosecution, he made an order under s 184 of the Criminal Procedure Code (Cap 68, 1985 Ed) discharging the above-named appellant, such discharge not to amount to an acquittal.

The material facts that led to this appeal are briefly these. The appellant, who was a police constable in the Singapore Police Force, was first charged on 17 July 1985 with two offences punishable under s 6(a) of the Prevention of Corruption Act (Cap 241, 1985 Ed) in DAC 6932/85 and DAC 6933/85 respectively. On the same day also, one Lim Chee Leng ('Lim') was charged in DAC 6879/85 with abetting the appellant in the commission of the offence in DAC 6932/85 as well as with another offence under s 170 of the Penal Code (Cap 224, 1985 Ed) in MAC 17949/85. All these charges were mentioned in the subordinate court, Court No 26, on several occasions until 25 September 1985, when the charges in question against both of them, the appellant and Lim, were set down for trial jointly on 21 April 1986.

On 21 April 1986, before the trial commenced, counsel for Lim informed the court that Lim was