The Court of Appeal has deferred to tomorrow the hearing of ex-Perwaja Steel managing director Eric Chia's appeal to set aside a ruling that allows the prosecution to admit evidence gathered in Hong Kong in connection with his criminal breach of trust (CBT) trial.

Justices Denis Ong, Abdul Aziz Mohamed and Azmel Maamor had allowed the hearing - scheduled for this morning - to be heard tomorrow following a request by Chia's lawyer Muhammad Shafee Abdullah.

The court also allowed Shafee's request for Chia's presence to be excused throughout the hearing of the appeal.

"My client is wheelchair-bound and hopes that this court could excuse his presence as this is merely an appeal against a High Court revision," said the lawyer.

On April 29, High Court judge Abdull Hamid Embong ruled that evidence gathered by the prosecution in Hong Kong in relation to Chia's trial was "admissible".

The judge dismissed Chia's complaint that the abovementioned evidence had failed to fulfill the requirements of the Evidence Act, stating that it would be sheer injustice to subject the Mutual Assistance in Criminal Matters 2002 (MACMA) - the law under which the Hong Kong evidence was admitted - to the former.

"MACMA is a special and specific law. In my view it overrides the Evidence Act..." said Abdull Hamid in his landmark judgment.

Meanwhile, Shafee told reporters today the appeal has far reaching consequences as it also affects his client's other appeal relating to evidence gathered by the prosecution in Switzerland.

"We'll see how this appeal goes. If it is rejected, our appeal relating to the prosecution's visit to Switzerland would be academic," he said.

Order to nullify

Chia had applied to the Kuala Lumpur High Court for an order of certiorari to nullify recordings of evidence gathered by Attorney-General Abdul Gani Patail before the courts in Zurich and Geneva between Nov 8-12, 2004.

However, the application was rejected by High Court judge Raus Sharif on Nov 10, last year.

Shafee also said the outcome of the appeal will also have a bearing on the prosecution's planned trip to Japan at the end of this month.

"If the court allows this appeal, we may not have to go after all," said the lawyer, adding that he has little idea of what to expect in Japan as the prosecution had only provided "sketchy" details on the witnesses that will be interviewed.

Chia, 72, is accused of dishonestly authorising a payment of RM76.4 million to the account of Frilsham Enterprise Incorporated through the American Express Bank Ltd, Hong Kong, for technical assistance provided by Japan's NKK Corporation for Perwaja's steel plant in Gurun, Kedah, when, in fact, no such payment was due.

The offence was allegedly committed between Feb 4, 1993 and Feb 22, 1994, when he was the managing director of Perwaja Rolling Mill and Development Sdn Bhd.

He is charged under section 409 of the Penal Code which carries a maximum 20-year jail sentence.