PUTRAJAYA: The High Court had correctly exercised its power of revision to order a lower court to admit evidence obtained in a Hong Kong magistrate’s court regarding the trial of Tan Sri Eric Chia Eng Hock, the Court of Appeal heard.
Senior Deputy Public Prosecutor Datuk Mohd Yusof Zainal Abiden said the judge was of the view he had the power to revise and correct a miscarriage of justice, which arose as a result of misconception on the part of the lower court.
“He intervened because he thought that there was an injustice,” he said.
The prosecutor also said it did not matter at any stage of the proceeding if the High Court, either on its own motion or at the request of the parties, called for a revision of a miscarriage of justice.
That could not be considered as a back door appeal approach, he said.
“It may have caused a pause in the trial but the issue is whether the High Court has the power and whether it was exercised legally.
“Our answer to that is yes,” he said, adding that the issue was new and therefore was the reason the High Court found it important to intervene.
On April 29, the High Court, in exercising its revisionary powers, had overturned a Sessions Court's decision to reject the prosecution’s application to produce the evidence from Hong Kong in Chia’s CBT trial.
Chia, 72, is appealing against this High Court decision.
He is charged with misappropriating RM76.4mil from Perwaja Rolling Mill and Development Sdn Bhd on Feb 19, 1994.
Chia also faces an alternative charge of dishonestly disposing of the company’s funds.
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