Wee vs Kong: High Court dismisses application to expunge evidence given by witness Wong King Wei

File photo depicting the Kuching Court Complex.

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By Dorcas Ting

KUCHING, June 10: The High Court here has dismissed the application by the defendant to expunge substantial parts of the evidence given by witness Wong King Wei in the trial surrounding the defamation suit by Sarawak Federation of Chinese Associations president Dato Richard Wee over DAP’s Michael Kong’s Facebook post on July 21, 2020.

High Court Judge Haji Alwi Abdul Wahab after having heard the submissions from both parties, relevant affidavits and cross-papers, found that there is no merit in the said application by the defendant.

He said whether Wong’s evidence is relevant or not or whether the evidence related to the facts and issue are for the Court to evaluate, to assess and to reconsider at the conclusion of the trial.

Kong through his counsels had applied to the Court to expunge the evidence given by Wong during the cross-examination, especially involving Chong Chieng Jen on grounds that Wong’s evidence was not relevant to the case, and it is Wong’s mere speculation or opinion of Chong.

The substantial parts that the defendant’s wanted to expunge were Wong’s allegations that Chong Chieng Jen or DAP will take action against DAP members; that Wong could sense that Chong instigated the issuance of the defendant’s Facebook Post and more.

The plaintiff’s counsel Shankar Ram had objected to the application and said Wong’s evidence was related to the case and pleaded that answers given by Wong were answers to Chong’s own cross-examination questions.

The plaintiff had in total called 17 witnesses for the case and had closed its case on April 21.

Judge Alwi Abdul Wahab then fixed July 4 to 5 for the defence’s case.

Wee was represented by Counsels Shakar Ram, Yu Ying Ying and Russel Lim whereas Kong was represented by Counsels Chong Siew Chiang, Chong Chieng Jen, Sim Kiat Leng and Brenda Chong. — DayakDaily