The accused was convicted of six counts of corrupt practices involving large bribes which the accused was found to have accepted as a senior civil servant. The prosecution case was based on evidence of witnesses who had been detained under S. 33 (6) of the Preservation of Public Security Regulations.
The trial magistrate imposed a fine of K1,000 on each count and also imposed sentences of imprisonment in lieu.
Held:
(i) The sentence was too lenient. A custodial sentence would have been appropriate and accordingly, in addition to the fines, a sentence of fifteen months' imprisonment with hard labour was to be imposed on each count to run concurrently
(ii) The use of s. 33 (6) of the Preservation of Public Security Regulations to detain witnesses was improper.
