JUDGMENT

Chong Siew Fai CJ (Sabah & Sarawak):

This case came before us by way of a reference under s. 66 of the Courts of Judicature Act 1964 . The said s. 66 was repealed on 24 June 1994. However, leave was granted prior to that. The question permitted to be brought up for determination is:

Whether it is open to a second Appellate Court to analyse, comment and take into account the evidence adduced on a charge of which an accused person had been acquitted to support his conviction on a second remaining charge.

Previous Proceedings

At the material time, the applicant was a Magistrate serving in the Magistrates' Court at Jalan Duta, Kuala Lumpur. Initially he was tried on the following two charges before the Sessions Court in Kuala Lumpur: (a) under s. 3(a)(i) of the Prevention of Corruption Act 1961 , for corruptly soliciting for himself a sum of RM15,000 from one Wong Sow Ying through one Por Choo Aik alias William as an inducement to acquit and discharge the said Wong Sow Ying of an offence in a criminal case (hereinafter referred to as "the charge of soliciting.")

(b) under s. 4(a) of the Prevention of Corruption Act 1961 for corruptly accepting for himself a sum of RM15,000