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1976 MarsdenLR 56

HIGH COURT MALAYA KUALA LUMPUR
PP – Appellant
Versus
DATUK HAJI HARUN BIN HAJI IDRIS (NO 2) – Respondent
[Federal Territory Criminal Trial No: 2 Of 1976]



Petitioner Advocates:Tan Sri Datuk Hail Mohamed Salleh Abas,Abu Talib Othman ,Respondent Advocate: RR Chelliah,P Vijendran,Haji Suhaimi Datuk Kamaruddin

JUDGMENT

Raja Azlan Shah FJ:

[1] The accused is charged as follows:

"First Charge: That you between 22 February 1972 and 24 July 1972, in your office at Kuala Lumpur, then in the State of Selangor, corruptly solicited for a political party, namely, United Malays National Organisation (UMNO), a gratification, to wit, two hundred and fifty thousand dollars ($250,000) from the Hongkong and Shanghai Banking Corporation, Kuala Lumpur, as an inducement to you, being a member of a public body, namely Government of the State of Selangor, to obtain the approval of the Executive Council of the Government of the State of Selangor in respect of an application of the said bank for alienation of a piece of State land held under TOL 6450 for the purpose of amalgamating the land applied for with Lots 76, 77 and 78, s 11, Bandaraya Kuala Lumpur and to construct thereon a multistorey building and that you thereby committed an offence punishable under s 3(a)(ii) of the Prevention of Corruption Act, 1961.

Second Charge: That you on or about 16 August 1972 at the Kuala Lumpur International Airport, Subang, in the State of Selangor, being a member of a public body, to wit, Mentri Besar Selangor, did accept from the Hongkong and Shanghai Banking Corporation for a political party, namely United Malays National Organisation (UMNO), a gratification, to wit, twenty-five thousand dollars ($25,000) cash through one Haji Ahmad Razali bin Haji Mohd All as an inducement for your aiding in procuring the performance of an official act, to wit, to obtain the approval of the Selangor State Executive Council in respect of an application of the said bank for alienation of a piece of State land held under TOL 6450 for the purpose of amalgamating the land applied for with Lots 76, 77 and 78, s 11, Bandaraya Kuala Lumpur and to construct thereon a multi-storey building and that you thereby committed an offence punishable under Section 9(b) of the Prevention of Corruption Act, 1961.

Alternatively: That you on or about 16 August 1972 at the Kuala Lumpur International Airport, Subang, in the State of Selangor, being an agent of the Ruler of the State of Selangor, to wit, Mentri Besar Selangor, did corruptly accept from the Hongkong and Shanghai Banking Corporation for a political party, namely, United Malays National Organisation (UMNO), a gratification, to wit, twenty-five thousand dollars ($25,000) cash through one Haji Ahmad Razali bin Haji Mohd Ali as an inducement for showing favour in relation to your principal's affairs, to wit, to obtain the approval of the Selangor State Executive Council in respect of an application of the said bank for alienation of a piece of State land held under TOL 6450 for the purpose of amalgamating the land applied for with Lots 76, 77 and 78, s 11, Bandaraya Kuala Lumpur and to construct thereon a multi-storey building and that you thereby committed an offence punishable under s 4(a) of the Prevention of Corruption Act, 1961.

Third Charge: That you on or about 27 March 1973 in your office in Kuala Lumpur, then in the State of Selangor, being a member of a public body, to wit, Mentri Besar Selangor, did accept from the Hongkong and Shanghai Banking Corporation, Kuala Lumpur for a political party, namely, United Malays National Organisation (UMNO), a gratification, to wit, two hundred and twenty-five thousand dollars ($225,000) cash as an inducement for your aiding in procuring the performance of an official act, to wit, to obtain the approval of the Selangor State Executive Council in respect of an application of the said bank for alienation of a piece of State land held under TOL 6450 for the purpose of amalgamating the land applied for with Lots 76, 77 and 78, s 11, Bandaraya Kuala Lumpur and to construct thereon a multistorey building and that you thereby committed an offence punishable under s 9(b) of the Prevention of Corruption Act, 1961.

Alternatively: That you on or about 27 March 1973 in your office in Kuala Lumpur, then in the State

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