(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction in the subject-matter of which the agent had a personal interest which was not disclosed to the agent’s principal, that person shall be presumed, unless the contrary is proved, to have known of the personal interest and that the agent did not intend to disclose to the principal the personal interest held by him or her in the subject-matter of the transaction. 174 Criminal abuse of duty as public officer (1) If a public officer, in the exercise of his or her functions as such, intentionally (a) does anything that is contrary to or inconsistent with his or her duty as a public officer; or (b) omits to do anything which it is his or her duty as a public officer to do; for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both. (2) If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person. (3) For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public officer is not committed by a public officer who does or omits to do anything in the exercise of his or her functions as such for the purpose of favouring any person on the grounds of race or gender, if the act or omission arises from the implementation by the public officer of any Government policy aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices. CHAPTER X CRIMES AGAINST LAW E NFORCEMENT AND P UBLIC ADMINISTRATION 175 Interpretation in Chapter X In this Chapter “advantage” means any right, interest, profit, indemnity or advantage of any kind whatsoever which benefits a person, whether lawfully or otherwise, or which the person believes will so benefit him or her; “corporate body of a public character” means a body corporate (a) established directly by or under any enactment for special purposes specified in that enactment; or (b) wholly owned or controlled by the State that discharges statutory functions, including functions specified by or under a licence or other like authority issued in terms of an enactment; “peace officer” includes— (a) any magistrate or justice of the peace; (b) the Sheriff or any deputy sheriff; (c) any police officer; (d) any prison officer; (e) any immigration officer; (f) any inspector of mines; (g) any— (i) chief, within his or her community; or (ii) headman, chief’s messenger or headman’s messenger, within the community of his or her chief, as defined in the Traditional Leaders Act [Chapter 29:17]; (h) any other person designated by the Minister by notice in a statutory instrument; “public authority” means a peace officer, public official, corporate body of a public character or any agency of the State; “public official” means (a) a person who (i) holds public office; or (ii) is appointed to perform a public duty; or (b) any employee or agent of the State or a corporate body of a public character, who is appointed as an inspector or in any other capacity to enforce the provisions of any enactment. 176 Assaulting or resisting peace officer Any person who assaults or by violent means resists a peace officer acting in the course of his or her duty, knowing that he or she is a peace officer or realising that there is a risk or possibility that he or she is a peace