JUDGMENT

Denis Ong Jca:

Introduction

[1] This is an appeal by Tan Sri Eric Chia (the appellant) to this Court against the decision dated 29 April 2005 of the High Court in Kuala Lumpur sitting in criminal revision of a decision dated 26 April 2005 of the Sessions Court in Kuala Lumpur pertaining to the admissibility of certain evidence which has arisen in the course of a criminal trial in progress in that court but is presently adjourned.

Facts and Background

[2] The appellant is charged and tried in the Sessions Court in Kuala Lumpur with criminal breach of trust by an agent of an aggregate sum of RM76.4 million, an offence punishable under s. 409 of the Penal Code (FMS Cap. 45).

[3] The trial is ongoing in Kuala Lumpur but has been adjourned on 16 August 2004 to make way for the examination of six prosecution witnesses by the Magistrate's Court in Hong Kong in response to a letter of request from Malaysia through the Federal Attorney-General to the Hong Kong Government pursuant to the provisions of ss. 7 and 8(1) and (2) of the Mutual Assistance In Criminal Matters Act 2002 (Act 621).

[4] The examination of these witnesses in fact took place on 25 and 26 August 2004 in the Magist