By Dorcas Ting
KUCHING, Aug 12: The Court of Appeal today deferred hearing the appeal in the high-profile ‘black hole’ defamation case involving Sarawak Democratic Action Party (DAP) chairman Chong Chieng Jen, after it was revealed that the grounds of judgment from the Kuching High Court were not yet available.
Without the High Court judge’s grounds of judgment, the appellate panel said it could not proceed with the matter. The court has directed the Kuching High Court to provide its grounds of judgment within one month before the appeal can be reheard.
The appeal stems from an August 30, 2022, decision in which the High Court found in favour of the Sarawak government and the State Financial Authority over Chong’s 2013 ‘RM11 billion black hole’ remark.
Judicial Commissioner Alexander Siew How Wai ruled that the statement was defamatory, published by Chong, and made with actual malice.
The court ordered Chong to pay RM150,000 in damages, RM50,000 in costs, and issued an injunction restraining him from repeating similar statements.
The legal battle has seen multiple rounds in the courts, including a 2018 Federal Court ruling affirming that a state government can sue for defamation.
Chong’s subsequent review application, citing freedom of speech under Article 10 of the Federal Constitution, was dismissed in 2019, with RM100,000 in costs awarded against him.
In the 2021 trial, the plaintiffs called seven witnesses while the defence called three.
The 2022 High Court verdict concluded the State had proven its case and rejected Chong’s defences of justification, fair comment, and qualified privilege.
With the Court of Appeal’s adjournment today, the case will only resume once the High Court’s written reasons are filed and served. — DayakDaily
