R. v. Salim bin Ali, Crim. Rev. 6-Z-65, 6/10/65, Saidi Ag. C. J.

 R. v. Salim bin Ali, Crim. Rev. 6-Z-65, 6/10/65, Saidi Ag. C. J.

The accused, originally charged with conduct likely to cause breach of the peace, was convicted under an amended charge of uttering seditious words c/s 41 of the Penal Decree. It was later discovered by the magistrate that the Attorney General’s written consent for this prosecution had not been obtained by the prosecutor. To prevent the accused from being unjustly detained, the magistrate set him free on bail pending decision on revision by the Acting Chief Justice under s. 332(2) of the Criminal Procedure Decree.

Held: Section 43 of the Penal Decree requires written consent by the Attorney General for prosecutions under section 41. The proceedings are therefore quashed, with the prosecution at liberty to institute new proceedings properly.