Federal Court to review decision on Chong’s appeal against defamation suit

KUCHING: Chong Chieng Jen will know his fate today (Feb 12) when the Federal Court in Putrajaya delivers a review on its own decision to dismiss the Stampin MP’s appeal against the Sarawak government’s defamation suit.

Chong had used the term ‘blackhole’ to insinuate that some RM11 billion had gone missing from the state’s coffers.

Chong, who is also Sarawak Pakatan Harapan chief and the state DAP chairman, had filed a judicial review on the decision of the Federal Court after it ruled in favour of Sarawak government.

When dismissing Chong’s appeal, the Federal Court said that governments at federal and state levels can sue individuals for defamation as they have reputation to protect.

The Federal Court thus affirmed the Court of Appeal ruling that public authorities could sue an individual for defamation, in the suit brought against Chong by the Sarawak government.

In a unanimous decision, Court of Appeal president Justice Ahmad Maarop, who chaired the five-man Federal Court bench, dismissed Chong’s appeal and ordered the case to be remitted back to the Kuching High Court.

It was also held that the Court of Appeal was wrong to rule that Chong was liable for defamation without hearing his defence.

Justice Ahmad said the trial was to include the determination of the question whether the impugned words were defamatory to the Sarawak government and the State Financial Authority (plaintiffs).

Chong, who is also Deputy Domestic Trade and Consumer

Affairs Minister, filed an appeal against the majority decision of the Court of Appeal on April 7 2016.

The Sarawak government and the state Financial Authority filed the defamation suit against Chong at the Kuching High Court in April 2013.

The suit was over his allegations of “RM11 bil disappearing into a black hole” published in a Chinese national daily and a news portal, and in pamphlets distributed by Chong and the DAP.

On April 28 2014, the Kuching High Court held that the government and the state Financial Authority were not allowed under common law to sue Chong for defamation even though his words against the government were defamatory.

The court then struck out the government’s suit against Chong.