JUDGMENT

Hashim Yeop A Sani J:

I have called for the charge sheets and records in Sessions Court, Seremban, Arrest Case No. 4 of 1971 because in the Notice of Motion No. 15 of 1974 the statement of application for leave to apply for an order of prohibition directed to Encik Abdul Murad bin Sheikh Ismail (to prohibit him from further proceeding in that case) refers to a certain order of "trial de novo" made by Encik Wan Abdul Aziz bin Wan Daud on 29 January 1974 in that case.

From what can be gathered from the records the following seem to be the position todate. One R Kulasingam was charged in the Sessions Court, Seremban under s. 409 of the Penal Code and the prosecution case commenced on 15 June 1971. After a protracted hearing of 27 prosecution witnesses who produced 98 exhibits the defence was called on 20 September 1972. On 26 January 1973 the three alternatives were explained to the accused. On the same date the first defence witness was called to give evidence. From then on no progress was made on this case except that the records show that on a number of sittings of the Court postponements were granted firstly on 19 April 1973, where Encik Abdul Murad indicated that he had