Eric Chia’s Case – HK Testimonies of five witnesses taken in HK magistrate’s court, procured by prosecution, could not be admissible as ruled by Federal court yesterday. this was a proper case for the court to invoke its inherent power under Rule 137 of the Rules of the Federal Court. The language of the section 8(3) of the Mutual Assistance in Criminal Matters Act (MACMA), it is clear that the evidence under this act is admissible if the requirements in the Evidence Act were satisfied. The Federal court invokes the inherent power of the court to prevent injustice or to prevent an abuse of the process of the court. The Federal court set aside the CA and the High Court’s ruling and restore the Session Court’s ruling. Thus the trial of the sessions court will continue without delay. Chia is charged with misappropriating RM 76.4 million from Perwaja Rolling Mill and Development Sdn Bhd. He faces an alternative charge of dishonestly disposing of the company’s fund by entering into an agreement with NKK Corporation and authorising the RM 76.4 mill to be paid into the account of Frisham Enterprise Inc with the American Express Bank Ltd, Hong Kong, without the approval of the board of directors of Perwaja Rolling Mill and Development.
Updated 30th March 2007
