By Dorcas Ting
KUCHING, May 6: The Kuching High Court fixed a new trial date for the defamation suit filed by Local Government and Housing Minister Dato Sri Dr Sim Kui Hian against Michael Kong, special assistant to Sarawak Democratic Action Party (DAP) chairman Chong Chieng Jen.
Kuching High Court Judicial Commissioner (JC) Alexander Siew How Wai today dismissed the application by the plaintiff to stay all the proceedings of this case pending the full and final determination of the appeal to the Court of Appeal.
JC Alexander fixed March 20 to April 6, 2023 for the trial dates of this case and vacated the trial dates that were fixed initially, which were July 4 to July 15, 2022.
In the defamation suit filed by Dr Sim against Kong, the plaintiff had applied to the Kuching High Court to recuse JC Alexander Siew How Wai from hearing the case.
However, JC Alexander had dismissed the said recusal of the judge’s application of the plaintiff on August 24, 2021.
The plaintiff’s counsel had appealed against JC Alexander’s decision to dismiss the plaintiff’s application to recuse the Judge to the Court of Appeal.
Therefore, the plaintiff had applied to JC Alexander to stay all further proceedings of this case pending the full and final determination of the appeal to the Court of Appeal.
The Counsel for the plaintiff, Shankar Ram Asnani, had applied for the recusal of the Judge on two grounds, which are, this suit is similar to the defamation suit filed by Dr Sim against Chong, and if these two cases and jointly heard, it would save the Court’s time.
The defamation suit between Dr Sim and Chong is heard before High Court Judge Haji Alwi Abdul Wahab.
Secondly, JC Alexander had, on January 12, 2021, found Shankar to have committed contempt in the face of the Court and dismissed Dr Sim’s claim application over the alleged defamatory statement concerning funding for food assistance during the movement control order (MCO) made by Chong.
Dr Sim is taking legal action against Kong over allegedly defamatory statements on the allocation of funds for food assistance during the Covid-19 crisis in 2020.
It was reported that Kong had accused Dr Sim of “wrongfully taking control” of funding for food assistance allocated for Padungan, Batu Lintang, Pending and Kota Sentosa, totalling RM800,000.
Dr Sim accused DAP leaders of going overboard with their attacks against him “without basis and without verifying the facts beforehand”.
Dr Sim is represented by counsels Datuk Bong Ah Loi and Shankar, while Kong is represented by counsel Chong. — DayakDaily
