KUCHING: Sarawak Democratic Action Party (DAP) chairman Chong Chieng Jen lost the defamation suit filed by the Sarawak government and the Sarawak Financial Authority (SFA), and was ordered by the High Court to pay RM150,000 to the plaintiffs as damages.
Judicial commissioner Alexander Siew How Wai, in his judgement on Tuesday (Aug 30), made the decision after finding that the plaintiffs successfully proved their case.
According to Siew, referring to the plaintiff, the defendant’s statement actually defamed the plaintiff, as it had been published or broadcast by the defendant.
The matter involved also touched on the justification of fair comments, and ‘qualified privileges’ which the court found that the defendant failed to prove.
In addition, the court found that the plaintiffs succeeded in proving the true intention of the defendant.
“Therefore, the plaintiffs claim has been proven and the court hereby makes an order which is the award of damages of RM150,000 to be paid by the defendant to the plaintiffs
“The court also allows an injunction restraining the defendant either himself, his servants or agents or otherwise from publishing or causing to be published the same or similar words or statements; and RM50,000 in legal cost to be paid by the defendant to the plaintiffs,” he said.
During the proceedings, defence attorney Michael Kong, who represented the defendant, requested a stay of execution on the judgment, which involved finances.
“If the defendant fails to pay the government as ordered by the court, he may go bankrupt if bankruptcy proceedings are initiated against him and this means he will have to vacate his MP and assemblyman status.
“This will have a domino effect that by-elections will have to be held for the Padungan state constituency, thus costing millions of taxpayers’ money,” Kong stressed.
He added the court needed to take into account the financial constraints or impact experienced by everyone due to Covid-19 pandemic because this was an unexpected situation.
According to Michael Kong, the ‘Black Hole’ case is the first in Malaysia involving the government filing a lawsuit against a private individual.
Sarawak legal adviser Datuk Seri JC Fong however requested the court for the defendant to file an official application.
Siew then stated that the court was not prepared to allow any delay in the oral application by the defendant’s counsel.
However, the defendant is free to file an official application of stay with a certificate of urgency if so implied.
“After doing the filing, the court will take care of it immediately,” said Siew.
The plaintiffs were represented by legal officer Oliver Chua while the defendant was represented by Chong Siew Chiang and his special assistant Michael Kong.
Based on previous reports, in 2013, the former Deputy Minister of Domestic Trade and Consumer Affairs, Chong Chieng Jen used the term ‘black hole’ to state that a total of RM11bil was missing from state coffers and published the accusation in national newspapers and national news portals.
The Sarawak government considered the Padungan assemblyman’s statement as if it meant that its party and the Sarawak Financial Authority channelled billions of ringgit for the benefit of government cronies and their families through the budget process.
Therefore, the Sarawak government and the Sarawak Financial Authority filed a defamation suit against him on April 3, 2013 at the Kuching High Court.
