By Dorcas Ting
KUCHING, Feb 26: The Court of Appeal has scheduled a case management hearing on March 5, 2025, via e-review to determine directions and fix a hearing date for DAP’s Michael Kong’s appeal.
Of note, on Jan 26, 2024, the Kuching High Court ruled in favour of Sarawak Federation of Chinese Associations president Dato Richard Wee in a defamation suit against DAP’s Kong over a Facebook post dated July 21, 2020.
In his ruling, Justice Dato Haji Alwi Abdul Wahab ordered Kong to remove the defamatory Facebook post within seven days.
The court awarded a total of RM250,000 in damages, including RM150,000 in general and aggravated damages, RM50,000 in malicious falsehood damages, and RM50,000 in legal costs. An interest rate of five per cent was also imposed on the damages from the date of the Facebook post.
Kong’s legal team had applied for leave to appeal, arguing that the Kuching High Court’s judgment amounted to less than RM250,000. Under Section 68(1) of the Courts of Judicature Act, appeals involving sums below this threshold require prior approval from the Court of Appeal.
However, Wee’s counsel, Dato Shankar Ram, argued that leave was unnecessary as the original claim exceeded RM250,000, and the case should proceed directly to appeal.
After hearing arguments, the Court of Appeal dismissed Kong’s leave application. The court noted that since Shankar did not object to the appeal proceeding, both parties should move directly to the appeal stage.
The case has now been set for case management on March 5, 2025, where further directions will be given, and a hearing date for the appeal will be fixed.
Last year, the court found no evidence to support Kong’s claim that Wee secured government contracts through connections with the Sarawak state government or Parti Pesaka Bumiputera Bersatu (PBB) elites.
It ruled that the contract for Layang-Layang Aerospace Sdn Bhd’s flying doctor and emergency medical services was awarded based on the company’s capabilities rather than political affiliations.
Justice Alwi also addressed claims regarding Wee’s business ties, clarifying that Wee’s late father had invited PBB deputy secretary-general Datuk Ibrahim Baki as a business partner in 1996 in accordance with Malaysian law and Bursa Malaysia regulations. However, the court found no evidence that Wee relied on this connection to obtain contracts.
In his judgment, the judge ruled that Kong’s statements were inaccurate, not fair comment, and recklessly made.
He noted that the statements were designed to mock and ridicule rather than serve the public interest.
Considering Wee’s high standing in the Chinese community, where he holds vice-presidential positions in both the Sarawak Federation of Chinese Associations and the Federation of Chinese Associations Malaysia (Hua Zong), the court determined that substantial damages were warranted.
Following the High Court’s decision, Kong’s legal counsel, Chong Chieng Jen, stated that they would consider an appeal.
Wee was represented by Shankar Ram, while Kong was represented by Chong Siew Chiang, Chong Chieng Jen, and Sim Kiat Leng. A total of 14 witnesses testified for the plaintiff, while the defendant called four witnesses. – DayakDaily
