Court dismisses Soon Koh’s application to amend his statement of defence

SIBU: Sibu High Court has recently denied and dismissed Parti Sarawak Bersatu (PSB) president Dato Sri Wong Soon Koh’s application to make an amendment to his statement of defence in a defamation suit by the State Government.

Judicial commissioner Christopher Chin also dismissed the application with costs of RM3,000 to the state government.

According to the notes proceedings, Wong who faced a defamation suit by the state government regarding the Petronas issue applied to make one amendment on his defence to challenge the locus standi or the right of the state government to sue him for defamation.

He applied to make one amendment by adding ‘Plaintiff has no locus standi to commence the action herein against the Defendant and/or’ in his statement.

His counsel argued that although the issue of locus standi of the state government to sue a person or a party for defamation, as decided recently in Federal Court’s decision in Chong Chieng Jen vs Government of State of Sarawak , it is always open for another panel of the Federal Court to revise or review its earlier decision.

He argued that the state government’s action would place an undesirable fetter on freedom of speech.

The state government opposed the amendment on the ground that the state government can sue a person or a party for defamation as a statutory right.

In making his decision, Chin said the proposed amendment by Wong is rendered ‘ineffectual’ or ‘inmaterial’ by virtue of Chong Chieng Jen’s case.

Last year, the state government filed a suit against Wong alleging defamation statements published via Facebook post by Wong on May 9 last year.

Wong in his Facebook post said the Sarawak Government owes an explanation to the State Legislative and the people of Sarawak on the reason Petronas was allowed to pay only RM2 billion when it owed RM3.8 billion.

He also questioned the deal struck behind closed doors between the Gabungan Parti Sarawak (GPS) and Petronas for Sarawak to give up its petroleum rights in exchange for a meagre payment of RM2 billion which Petronas was already obligated to pay under the court order.

The state government denied those allegations.

Meanwhile, in April, Wong’s counsel subpoenaed chairman of Petronas Tan Sri Ahmad Nizam Salleh to give evidence and produce documents on behalf of the defendant.

The state government then filed an application seeking the court to set aside the Subpoena to Testify by Ahmad Nizam on the ground that he did not have personal knowledge of any facts leading to the defamation suit nor of the negotiations and discussions leading to the joint statement.

Ahmad Nizam also filed an application seeking the court to set aside the subpoena on the same ground as the state government.

On April 13, 2021, the court ruled it was staisfied the subpoena served on the chairman of Petronas Tan Sir Ahmad Nizam Zalleh is not oppressive on him as his evidence would be material to the suit.