JUDGMENT

Shaik Daud Ismail JCA:

The appellant, an advocate and solicitor, was charged on 30 September 1993 before the Kuala Lumpur Sessions Court with two counts of criminal breach of trust. On the first count, he was charged that between 12 June 1987 and 19 May 1988, as an agent, in that in his capacity as the solicitor of the estate of one Tee Seng Pun @ Tee Seng Yeat (deceased) and being entrusted with dominion over a sum of RM6,576.16, he had committed criminal breach of trust of the said sum and had thereby committed on offence under s. 409 of the Penal Code. On the second count, he was charged that other vehicle through a firm of solicitors Messrs. Tong Teck Yong & Co. on 18 October 1983. Eventually, the appellant's firm Messrs. P.G. Segran & Associates took over the case. The appellant's firm was also involved in making a claim with the Employees Provident Fund (EPF). It is common ground that the firm of Messrs. P.G. Segran & Associates was wholly owned by the appellant. The case was eventually settled out of Court and a consent judgment was recorded by the High Court on 19 May 1987 whereby the Court ordered as follows:

(a) the complainant was awarded RM98,700;

(b) RM8,000