JUDGMENT

Alauddin Mohd Sheriff FCJ:

At the High Court in Seremban, the respondent faced three amended charges for offences under s. 2(1) of the Emergency (Essential Powers) Ordinance No. 22 of 1970 ("the Ordinance").

The charges read as follows:

1st Amended Charge

That you on the 21st December 1992 at about 10.00 am at Bilik Gerakan, Tampin District Office, in the State of Negeri Sembilan, being a member of the State Legislative Assembly Gemencheh, Tampin committed corrupt practice by using your public position for your pecuniary advantage in that you did take part in a decision of the District of Tampin Land Committee in which you had an interest, to wit deciding that the application by Syarikat Teraju Nusantara Sdn. Bhd. to acquire State land at Mukim of Repah, in the District of Tampin comprising of about 20.146 hectares by way of Temporary Occupation Licence (TOL) with permit and 4 hectares by way of alienation for quarry industries in an application file PTT 1/2/545 be forwarded to the Negeri Sembilan State Executive Council with a recommendation for approval and that you have thereby committed an offence punishable under Section 2(1) of the Emergency (Essential Powers) Ordinance No. 22 of 1970.

2nd Amended Charge

That you on 28th April 1993, at about 10.00 am at Bilik Mesyuarat Majlis Mesyuarat Kerajaan Negeri, in the District of Seremban, in the State of Negeri Sembilan, whilst being a member of the administration, namely a member of the State Executive Council Negeri Sembilan committed corrupt practice by using your public position for your pecuniary advantage in that you did take part in a decision of the said State Executive Council in which you had an interest, to wit the decision to approve alienation of a land by way of State lease for a period of 60 years comprising of about 28.24 hectares in the application file No. PTT 1/2/545 for the purpose of quarry industries to Syarikat Teraju Nusantara Sdn. Bhd., in Mukim Repah, in the District of Tampin and that you have thereby committed an offence punishable under Section 2(1) of the Emergency Ordinance (Essential Powers) Ordinance No 22 of 1970.

3rd Amended Charge That you on the 26th January 1994, at about 10.00 am at Bilik Mesyuarat Majlis Mesyuarat Kerajaan Negeri, in the District of Seremban, in the State of Negeri Sembilan, whilst being a member of the Administration, namely a member of the State Executive Council of Negeri Sembilan, committed corrupt practice by using your public position for your pecuniary advantage in that you did take part in a decision of the said State Executive Council in which you had an interest, to wit the decision to approve the application for extension of time for the payment of premium for another 6 months for the land comprising of about 28.24 hectares in the application file No. PTT 1/2/545 in Mukim Repah, in the District of Tampin, that have been approved to Syarikat Teraju Nusantara Sdn. Bhd. on 28th April 1993, and that you have thereby committed an offence punishable under Section 2(1) of the Emergency Ordinance (Essential Powers) Ordinance No 22 of 1970.

At the close of the case for the defence, the learned High Court Judge ("HCJ") acquitted and discharged the respondent on all the three amended charges.

The Public Prosecutor ("PP") appealed to the Court of Appeal ("CA") against the above orders of acquittal and discharge.

The CA allowed the PP's appeal and convicted the respondent on all three amended charges. The respondent was sentenced to a fine of RM15,000 in default six month's imprisonment on each amended charge.

This is an appeal by the PP against the sentences imposed by the CA.

Briefly, the facts of this case are as follows:

The respondent, having first won a by-election and subsequently the general election, was elected as a member of the Dewan Undangan ("ADUN") Negeri Sembilan on 22 May 1982. In 1986, the respondent was appointed as a member of the Majlis Mesyuarat Kerajaan ("MMK") Negeri Sembilan. In the series