By Dorcas Ting
KUCHING, Dec 22: The High Court today ruled in favour of Deputy Premier Datuk Amar Dr Sim Kui Hian in his defamation and malicious falsehood lawsuit against Democratic Action Party (DAP) Sarawak chairman Chong Chieng Jen, over Facebook posts made during the Covid-19 pandemic in 2020.
In delivering the judgment, High Court Judge Dato Dr Alwi Abdul Wahab held that Dr Sim had successfully proven his claims that the impugned Facebook posts were maliciously published and calculated to injure his reputation, particularly in relation to allegations involving the misuse and manipulation of RM800,000 in Sarawak Government funds allocated for food relief.
The court found that Chong failed to establish the defences of justification, fair comment, qualified privilege and Reynolds privilege. Chong’s counterclaim was also dismissed in its entirety, with the court ruling that articles published in The Borneo Post and related press statements issued by Dr Sim did not carry defamatory meaning.
The High Court also noted that a TikTok video produced by Chong which showed him play-acting while carrying bags of rice in a DAP T-shirt, with no identifiable recipients of the alleged food aid.
As a result, the court awarded Dr Sim RM350,000 in general and aggravated damages for defamation, RM50,000 in general damages for malicious falsehood, and RM100,000 in costs.
Following the reading of the judgment, Dr Sim expressed relief and gratitude, describing the decision as a long-awaited vindication. He said justice had not only been done but was also seen to be done after what he described as attacks on his personal reputation as a cardiologist and a Sarawak Cabinet minister through two Facebook posts published on April 15 and April 18, 2020.
Dr Sim was represented by a legal team led by Dato Shankar Ram Asnani, with advocates Sidharth Shankar Asnani and Shemira Adzhaar, assisted by pupil Nur Fa’hira Fardela.
Chong was represented by advocates Chong Siew Chiang, Michael Kong and Brenda Chong.
The lawsuit was filed by Dr Sim on June 5, 2020, while Chong entered his defence and counterclaim on July 6, 2020. The case was initially struck out on Jan 12, 2021, but the decision was unanimously overturned by the Court of Appeal on March 18, 2021, which ordered the matter to be reheard before a different High Court judge.
After nearly 60 days of trial, today’s ruling brought the long-running legal dispute to a close. Dr Sim, who maintained his position throughout the proceedings, said the outcome underscored the importance of courage and patience in the pursuit of justice.
The suit arose from Facebook posts published by Chong during the Movement Control Order (MCO) in April 2020. Dr Sim alleged that the posts were defamatory and damaged his reputation, while Chong maintained that the statements were criticisms of the Sarawak GPS Government’s food aid policy and were not directed personally at Dr Sim.
During final submissions, Dr Sim’s counsel argued that the posts must be read together with Chong’s press statements and public remarks, forming a pattern of conduct intended to discredit the plaintiff. They further submitted that Chong’s failure to verify facts before publication amounted to malice.
The defence argued that the posts were protected as fair comment on matters of public interest, adding that as a public figure, Dr Sim was subject to public scrutiny. The High Court ultimately rejected these arguments, ruling in favour of the plaintiff. – DayakDaily
