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1985 MarsdenLR 203

SUPREME COURT KUALA LUMPUR
ABDULLAH ZAWAWI OMAR – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Petitioner Advocates:James Ponniah ,Respondent Advocate: Fong Seng Yee

JUDGMENT

Salleh Abas LP:

[1] The applicant was the former manager of FELDA Scheme at Kampong LBJ, Labu (the Scheme). He came to the Scheme in 1973 having been transferred from Bukit Senawang Utara. As the manager of the Scheme, he took charge of the financial matters, maintained cash books and held the key to the safe which was in his office. On 1 November 1976 he was to go on transfer to Tanjong Malim and be 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 25 October 1976 and 30 November 1976 he attended a course at the University Pertanian, Serdang.

[2] The Scheme has an account with the Malayan Banking. On 3 November 1976 the applicant withdrew RM70,000 cash from the bank.

[3] On 5 November 1976 the applicant was working late and did not leave the office until past 8.00 pm Omar bin Yahya, the watchman, testified that when he reported for duty that evening, at 6.00 pm, 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 8.00 pm he found the applicant's office still ope

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