JUDGMENTBY: GOPAL SRI RAM JCA (DELIVERING THE JUDGMENT OF THE COURT)

GOPAL SRI RAM JCA (DELIVERING THE JUDGMENT OF THE COURT) We heard and allowed these appeals on 4 September 1995. The reasons for our decision now follow.

Facts and background

Periasamy s/o Sinnappan -- whom we shall throughout this judgment refer to as the first appellant -- was charged in the Sessions Court at Kuala Lumpur on three counts of criminal breach of trust. Balakrishnan s/o Nalliah, whom we shall refer to as the second appellant, was charged with three counts of abetting the first appellant in the commission of the principal offence. The appellants were jointly tried. For completeness, we will set out the amended charges framed against each appellant.

As against the first appellant, the following charges were framed:

First Charge

That you on 11 July 1986 at the Cooperative Central Bank Ltd, 107 Jalan

Bunus, in the Federal Territory of Kuala Lumpur, being an agent of the

Cooperative Central Bank Ltd, to wit, the chief executive and in such

capacity entrusted with dominion over certain property, to wit, RM16,

004,159.68 committed criminal breach of trust in respect of the