JUDGMENTBY: CHONG SIEW FAI CJ (SABAH & SARAWAK) CJ

CHONG SIEW FAI CJ (SABAH & SARAWAK) CJ (delivering the judgment of the court): This case came before us by way of a reference under s 66 of the Courts of Judicature Act 1964. The said s 66 was repealed on 24 June 1994. However, leave was granted prior to that. The question permitted to be brought up for determination is:

Whether it is open to a second appellate court to analyse, comment and

take into account the evidence adduced on a charge of which an accused

person had been acquitted to support his conviction on a second

remaining charge.

Previous proceedings

At the material time, the applicant was a magistrate serving in the Magistrates Court at Jalan Duta, Kuala Lumpur. Initially, he was tried on the following two charges before the Sessions Court in Kuala Lumpur:

(a) under s 3(a)(i) of the Prevention of Corruption Act 1961 for corruptly soliciting for himself a sum of RM15,000 from one Wong Sow Ying through one Por Choo Aik @ William as an inducement to acquit and discharge the said Wong Sow Ying of an offence in a criminal case (the charge of soliciting); and

(b) under s 4(a) of the Prevention of