Judge Datuk Linton Albert, in setting aside the conviction and sentence on Salleh Dahlan, 44, and Suhaimi Abdullah, 37, said they were lucky because of the misdirection.

"If I could ignore the seriousness of the misdirection, I would have put you both in prison."

He told them their acquittal did not mean that they had not stolen iron rods.

They were charged with stealing 50 iron rods worth RM600 from a construction site about 11am on Dec 22, 2005. They were unrepresented at the trial.

Salleh was jailed 35 months while Suhaimi was jailed 42 months after they were found guilty by the magistrate's court on July 7 last year.

Albert agreed with counsel for the appellants, Abdul Rahman Hazemi, and deputy public prosecutor Musli Abdul Hamid that the presiding magistrate had misdirected himself.

He said the requirements imposed by the lower court went against the principles of law.

Turning to the DPP, Albert asked: "After reading the grounds of judgment, don't you feel like vomiting?"

Earlier, Musli submitted there were irregularities in the judgment prepared by the trial magistrate.

"There was no finding of facts stated by the magistrate as well as no means of evaluation of the evidence."

However, he submitted that the failure of the lower court did not in any way decrease the value of the evidence obtained during the trial.

Abdul Rahman said since serious misdirection had occurred which could not be changed, the appellate court should acquit and discharge the two accused.

He urged the judge to use his discretion in freeing them.

Salleh and Suhaimi were seen smiling when a court interpreter told them their conviction and sentence had been set aside.