By Dorcas Ting
KUCHING, June 18: The Court of Appeal today dismissed an application by Michael Kong Feng Nian to stay the enforcement of a High Court judgment issued in January this year, in a defamation suit brought against him by prominent Sarawak businessman and community leader Dato Richard Wee Liang Huat.
The three-men-bench, comprising Dato Mohd Nazlan Mohd Ghazali, Dato Dr Choo Kah Sing, and Datuk Ismail Brahim, unanimously rejected Kong’s Notice of Motion for a stay of execution, and ordered him to pay RM10,000 in costs, subject to allocatur.
This development stems from a lawsuit filed by Wee in the High Court in Kuching against Kong over defamatory statements posted on Facebook on July 21, 2020.
In its decision dated January 26, 2024, the High Court had found that the contents of Kong’s Facebook post were defamatory and constituted malicious falsehood. The post had accused Wee of gaining business advantages due to his purported connections with those in power, of which the court found no evidence.
High Court Judge Justice Dr Alwi Abdul Wahab, who presided over the High Court case, ruled that Kong’s post was not only defamatory but also published with malice, noting that the statements were false, unsubstantiated, and aimed at damaging Wee’s personal and professional reputation.
The High Court awarded RM150,000 in general and aggravated damages for defamation, RM50,000 in general damages for malicious falsehood, RM50,000 in costs, and 5 percent interest on the damages from the date of publication until full payment.
Kong had sought to stay the enforcement of this judgment pending the outcome of his appeal. However, the Court of Appeal’s decision today clears the way for Wee to enforce the High Court ruling immediately.
Wee, who serves as the president of the Sarawak Federation of Chinese Associations and is vice president of the national federation Huazong, was represented by Counsels Dato Shankar Ram and Liu Wan Ping.
Kong, a politician affiliated with the Democratic Action Party (DAP), was represented by Counsels Chong Siew Chiang, Chong Chieng Jen and Sharon Lo Min Hui. – DayakDaily
