JUDGMENT

Thomson LP:

This is yet another appeal arising out of the Indonesian invasion near Labis during the night of first/second September 1964. The appellant was thought to have participated in that invasion and in consequence he was prosecuted on the following three charges under the Internal Security Act, 1960:

First Charge: That you between 2.00 a.m. on the second day of September and 6.00 a.m. on 11 September 1964, in a Security Area as proclaimed by the Yang di-Pertuan Agong vide FLN 245 of 17 August, 1964, namely Tenang Kampong, Labis, in the district of Segamat, in the State of Johore, consorted with members of the Indonesian armed forces who carried firearms and ammunitions in contravention of the provisions of s. 57(1) of the Internal Security Act, 1960, in circumstances which raised a reasonable presumption that you intended to act with such members of the said Indonesian armed forces in a manner prejudicial to public security and that you have thereby committed an offence punishable under s. 58 (1) of the said Act.

Second Charge: That you at about 2.00 a.m. on 2 September 1964, in a Security Area as proclaimed by the Yang di-Pertuan Agong vide FLN 245 of 17 August 1