Hashim Yeop A Sani J

The accused is charged under section 2(1) of the Emergency (Essential Powers) Ordinance No. 22 of 1970 and the charge is as follows:

That you, on October 4, 1975 at about 2.30 p.m. at Wisma Negeri, Alor Star, in the district of Kota Star, in the State of Kedah, being a member of Administration namely, a member of the State Executive Council Kedah, committed corrupt practice in that while you being such member did take part in a decision of the said Executive Council in which you were interested, to wit, the decision to approve your application for 11,050 square feet of State land H.S. (D) 11/1976 in the town limit of Sungei Petani, Kuala Muda, Kedah and that you have thereby committed an offence punishable under section 2(1) of the Emergency (Essential Powers) Ordinance No. 22 of 1970.

The background facts adduced in the prosecution evidence are briefly as follows:

The accused was elected State Assemblyman for the Kedah State constituency of Kuala Ketil in the 1974 General Election and was subsequently appointed a member of the Kedah State Executive Council. According to the Kedah State Gazette No. 315 dated October 9, 1975 (Exhibit P21) the accused was an Exco