JUDGMENT

Salleh Abas L. P. (delivering the judgment of the Court). The applicant was the former manager of FELDA Scheme at Kampong L.B.J., Labu (the Scheme). He came to the Scheme in 1973 having been transferred from Bukit Senawang Utara. As the manager of the Scheme, be took charge of financial matters, maintained cash books and held the key to the safe which was in his office. On November 1, 1976 he was to go on transfer to Tanjong Malim and he was succeeded by a new manager, Haji Hassan. As the handing over of responsibilities was not completed the applicant still remained at the Scheme. However, prior to this between October 25, 1976 and November 30, 1976 he attended a course at the University Pertanian Serdang.

2. The Scheme has an account with Malayan Banking. On November 3, 1976 the applicant withdrew $ 70,000/- cash from the bank.

3. On November 5, 1976 the applicant was working late and did not leave the office until past 8.00 p.m. Omar bin Yahya, the watchman, testified that when he reported for duty that evening, at 6.00 p.m., he saw many people at the office, and that with permission of the applicant he went home to have a bath. When he came back to the office at about