By Dorcas Ting
KUCHING, July 3: The Court of Appeal today unanimously dismissed Democratic Action Party (DAP) Sarawak chairman Chong Chieng Jen’s appeal in a defamation suit linked to his 2013 “RM11 billion black hole” remarks.
In the same ruling, the three-member appellate panel allowed the Sarawak government’s cross-appeal, increasing the High Court’s damages award from RM150,000 to RM300,000.
The court also upheld the High Court’s order for Chong to pay RM50,000 in costs. In addition, he was ordered to pay RM100,000 in costs for the dismissed appeal and a further RM50,000 for the successful cross-appeal, bringing the total sum payable in damages and costs to RM500,000.
The case originated from a High Court judgment delivered on Aug 30, 2022, which found Chong liable for defamation over statements alleging that RM11 billion from the Sarawak Treasury had “disappeared into a black hole.”
The court held that the remarks carried defamatory imputations suggesting a lack of transparency and accountability in the financial management of the Sarawak government and the Sarawak Financial Authority.
The Sarawak government and the Sarawak Financial Authority subsequently filed a civil suit.
Following a trial held between January and July 2021, the High Court ruled in favour of the Sarawak government and the Sarawak Financial Authority, awarding RM150,000 in damages and RM50,000 in costs, and issuing an injunction restraining Chong from publishing or causing the publication of similar statements.
During the appeal hearing earlier this year, Chong’s counsel Michael Kong argued that the matter should be remitted to the High Court for a retrial, contending that the trial judge had erred in setting aside a subpoena issued to former second finance minister Dato Sri Wong Soon Koh, which he said prevented the witness from testifying for the defence.
Counsel for the respondents opposed the application, arguing that the trial had been properly conducted and that a retrial would prejudice the plaintiffs and cause unnecessary inconvenience to witnesses. — DayakDaily
