The prosecution's plan to obtain evidence in Japan in connection with ex-Perwaja Steel managing director Eric Chia's criminal breach of trust trial will proceed as scheduled.

When told the trip could be in vain if the Court of Appeal ruled in favour of the tycoon who is appealing against the admissibility of evidence gathered abroad, senior deputy public prosecutor Mohd Yusof Zainal Abiden said the prosecution had no choice but to take the risk.

Speaking to reporters outside the court, he said the prosecution will attend the recording of evidence in Japan on June 29.

"We are going because it took us a year to get the date for the Japan proceedings. If we are to postpone it, it may take us a longer time to make another arrangement," he added.

After the counsel completed their arguments this afternoon, Court of Appeal judges Denis Ong, Abdul Aziz Mohamed and Azmel Maamor set July 1 for a decision on the admissibility of overseas evidence under the Mutual Assistance in Criminal Matters Act 2002 (Macma) on July 1.

Chia is appealing against High Court judge Abdull Hamid Embong's ruling that evidence gathered by the prosecution in Hong Kong previously in relation to the trial was admissible.

The judge dismissed Chia's complaint that the Hong Kong evidence had failed to fulfill the requirements of the Evidence Act, stating that it would be sheer injustice to subject Macma to the former.

The decision of the appeal has far reaching consequences as it will also affect the evidence gathered by the prosecution in Switzerland last November.

Early decision sought

Earlier, while the Court of Appeal judges were deliberating on when to deliver their judgment, Chia's counsel Muhammad Shafee Abdullah requested that it be delivered before the Japan trip.

"Although we do not want to hurry the court in making a decision, we hope that the court would give its decision before the Japan proceeding which is scheduled on June 29," he said.

He said if the court ruled in his client's favour it would negate the need for the trip, adding that his client would be able to save money as the trip to Japan together with the previous visits to Hong Kong and Switzerland will cost him 'at least half a million ringgit'.

"We have written to the prosecution asking for the expenses to be contributed by the government because the recording of evidence is actually not our business...because in a criminal case, whether an accused wins or loses, he loses in terms of finance, because there is no cost.

"Unfortunately the Attorney-General has given his short reply, stated that it is not provided for under the law (to pay for the expenses incurred by the accused)," he added.

However, the court said it would be difficult to come out with a quick judgment since it had to consider the lengthy arguments submitted in the past four days.

When Shafee suggested that the court direct the prosecution to defer the Japan proceedings to a later date, Justice Denis said:

"We can't tell them what to do. They are they and we are we. We have never (directed them) you know....We will deliver our judgment on July 1."

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.