KUCHING: Sarawak Democratic Action Party (DAP) chairman Chong Chieng Jen lost a defamation suit filed by the Sarawak Government and the Sarawak Financial Authority (SFA) (plaintiff) and was ordered by the High Court to pay RM150,000 in damages to the state government.
He was also ordered to pay RM50,000 in legal cost.
Judicial Commissioner Alexander Siew How Wai made the decision after finding that the plaintiff successfully proved their case today.
Siew said, referring to the plaintiff, the defendant’s statement defamed the plaintiff, as it has been published or broadcasted by the defendant.
The matter touched on the justification of fair comments, and ‘qualified privileges’ which the court found that the defendant failed to prove all three matters involved.
In addition, the court found that the plaintiff succeeded in proving the true intention of the defendant.
“Therefore, the plaintiff’s claim is allowed.
The court hereby makes an order which is the award of damages of RM150,000 to be paid by the defendant to the plaintiff; 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 costs in the amount of RM50,000 to be paid by the defendant to the plaintiff,” he said.
He said this while giving his decision at the Kuching High Court today.
During the proceedings, defense attorney Michael Kong who represented the defendant requested a stay of execution for today’s judgment, due to 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 seat, thus costing millions of taxpayers’ money,” Kong said.
He added, the court needs to take into account the financial constraints or impact experienced by everyone due to COVID-19 because it is an unexpected situation.
According to Kong, the ‘Black Hole’ case is the first case 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 further 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 along with an immediate certificate if any.
“After doing the filing, the court will take care of it immediately,” said Siew again.
The plaintiff was also represented by legal officer Oliver Chua. Meanwhile, the defendant was represented by Kong and Chong Siew Chiang.
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 RM11 billion was missing from the state coffers and published the accusation in national newspapers and news portals.
The Sarawak government considered the Padungan assemblyman’s statement to mean that the government and the SFA channelled billions of ringgits 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 3 April 2013 at the Kuching High Court.
