[Criminal Law Procedure-application granted: leave to file certificate with Court of Appeal, s. 291A(1)(b), Criminal Procedure Code, Cap.7; Judges decision in appeal by PP from Order of acquittal by Chief Magistrate involved point of law desirable in public interest to be determined by Court of Appeal.
Applicants were employees of RTB; acquitted by Chief Magistrate of Charges under s.6 Prevention of Corruption Act, Cap 131: A1-s.6 (a) (corruptly accepting gift); A2-s.6(b) (corruptly receiving gift) in relation to principal’s affairs and of alternative offences, contrary to s.165 of Penal Code, Cap 22.
Judge determined CM’s misdirection re. presumption under s .25 of PCA – gift given and received corruptly as inducement or reward as alleged; failed to rule on rebuttal of presumption on balance of probabilities. Appeal allowed: acquittal quashed and retrial ordered.
Court of Appeal: point of law desirable in public interest to be determined by Court of Appeal. arising-having determined CM misdirected herself in respect of s. 25 presumption was Judge required to consider whether that occasioned “miscarriage of justice” or “failure of justice” (s.371 CPC). before quashing acquittal and making consequential orders? What issues was Judge required to address? What, if any, findings were Judge required to make in respect of those issues?]