By Dorcas Ting
KUCHING, Jan 27: The Court of Appeal has set Feb 19, 2026 for case management to determine the date of its decision in the appeal filed by Sarawak Democratic Action Party (DAP) chairman Chong Chieng Jen over the civil defamation suit linked to his “RM11 billion black hole” remarks.
A three-member panel comprising Datuk Mohamed Zaini Mazlan, Datuk Ismail Brahim and Muniandy Kannyappan made the direction after hearing submissions from both sides during proceedings today.
Counsel for Chong, Michael Kong, urged the appellate court to send the matter back to the High Court for a retrial. He submitted that a fresh hearing would allow all parties to fully present their cases and ensure that the dispute is adjudicated by a trial judge who can properly assess and weigh the evidence in the interests of justice.
Kong also stressed that it is the prerogative of the parties to decide which witnesses to call in support of their cases.
He argued that in the earlier trial, the judicial commissioner had acted on his own motion by setting aside a subpoena issued against Dato Sri Wong Soon Koh, effectively preventing him from testifying for the defence.
Responding for the plaintiffs, State Attorney Mohamad Adzrul Adzlan contended that ordering a retrial would cause undue prejudice and unnecessary inconvenience, particularly to witnesses. He pointed out that the plaintiffs had already called and completed the testimony of seven witnesses, and that several amendments had been sought at a late stage of the proceedings.
Adzrul submitted that the attempt to call Wong at the final stage of the trial amounted to an effort to introduce new evidence that had not been pleaded earlier, and that the judicial commissioner was therefore justified in rejecting the application. He added that the trial had been conducted in an orderly and proper manner throughout.
Chong was also represented by lawyers Chong Siew Chiang, Michael Kong, Chong Hong Hien, Sharon Lo and Brenda Chong. The respondents were represented by Mohamad Muhaimin Zakaria, Felicity Thomas and Christie Sereni Philimon.
The dispute traces its roots to statements made by Chong in 2013, when he alleged that RM11 billion from the Sarawak state treasury had disappeared into a “black hole,” implying a lack of transparency in the financial management of the Sarawak Government and the Sarawak Financial Authority.
Wong was Sarawak’s second finance minister during the material time.
Following the remarks, the Sarawak government and the Sarawak Financial Authority filed a defamation suit against Chong. The trial began on Jan 7, 2021 and concluded on July 5, 2021.
On Aug 30, 2022, Judicial Commissioner Alexander Siew How Wai ruled in favour of the plaintiffs, awarding RM150,000 in damages and RM50,000 in legal costs. The court also granted an injunction restraining Chong, whether personally or through his employees, agents or others, from publishing or causing the publication of the same or similar statements. — DayakDaily
