Abdul Hamid Omar FJ:

The appellant Syed Abu Bakar bin Ahmad was convicted in the High Court in Borneo at Kuching on 25 September 1982 on two charges, the first amended, as follows:

Amended First Charge:

That you between the 23rd day of February 1974 and the 12th day of December 1974 at the office of the National Bureau of Investigation, Kuching, in the First Division in the State of Sarawak being a public servant namely Director of National Bureau of Investigation, Sarawak and in such capacity entrusted with dominion over certain property, to wit, a sum of money belonging to the Government of Malaysia, committed criminal breach of trust in respect of the said property by misappropriating a sum of RM300 and that you have thereby committed an offence under s. 409 of the Penal Code.

Second Charge:

That you on 31st day of May 1975 at the office of the National Bureau of Investigation, Kuching, in the First Division in the State of Sarawak being a public servant namely Director of National Bureau of Investigation, Sarawak and in such capacity entrusted with dominion over certain property, to wit, a sum of money belonging to the Government of Malaysia, committed criminal breach