Journalist among 2 called to testify in ‘black hole’ case

KUCHING: Two individuals including a journalist were called to the witness stand for the trial of the ‘black hole’ case involving the Sarawak government and state Democratic Action Party (DAP) chairman Chong Chieng Jen, that began at the High Court here yesterday.

The journalist from Sin Chew Daily, Chia Wee Sing who represented the plaintiff in this case, which is the state government, was crossed examined by defendant Chong and his counsel cum father Siew Chiang for over half an hour.

The Sarawak government was represented by state legal counsel Dato Sri JC Fong as well as state legal officers Mohd Adzul Adzlan, Voon Yan Sin and Oliver Chua, while also representing Chieng Jen were Michael Kong and Sim Kiat Leng.

Chieng Jen, who acted in person, asked Chia to interpret the ‘black hole’ leaflet, which was printed by the DAP, and this prompted Fong to raise for objection on the basis that the witness should not be asked to interpret the leaflet.

As such, Judicial Commissioner Alexander Siew ruled: “The witness is not called to interpret the leaflet done by DAP. The leaflet was done by your (Chieng Jen’s) party, this (Chia) is just a reporter.”

Siew said Chieng Jen’s counsel could submit at the end of the trial that the author had not accurately reported on the leaflet.

Chia replied “not entirely” when asked if her article, published in the Sin Chew Daily on Jan 3, 2013, was written based on the content of the leaflet printed by the DAP.

Chieng Jen even asked the witness if the Sarawak government had disclosed the approved agencies receiving contributions to the trust fund after her report was published, and whether she knew what the approved agencies were.

Chia said she could not recall as a response to the first question and she had no clue to the other question.

Earlier, Siew Chiang asked the witness whether the press conference (PC) she covered on Jan 2, 2013 was a joint PC by the DAP state leaders.

Chia agreed that it was a joint PC by the state DAP leaders with nine of them including four elected representatives at the time.

Siew asked the counsel about the relevance of whether it was a joint PC.

“Because she (Chia) said Chong Chieng Jen gave her the leaflet. I want to establish that it’s a joint PC, and it could be anyone (who gave her the leaflet).”

The witness also told the court that Chieng Jen was the one who spoke at the conference.

Siew Chiang referred to a photograph published along with the Sin Chew Daily report dated Jan 3, 2013 and confirmed with the witness that those state DAP leaders were each holding a copy of the leaflet.

He then asked Chia what the leaflet was and before the witness could reply, Siew responded: “You understand what leaflet, no need to question (the witness).”

The witness told the court, after being asked by Siew Chiang, that it was Chieng Jen who gave her the leaflet during the PC.

Siew Chiang further asked: “Can you affirm or can you swear that it was Chong Chieng Jen who gave it to you?”

This immediately invited Siew to say: “Counsel, the question has been asked and answered. There is no need to harass the witness.”

Meanwhile, Fong asked the witness for her source of information apart from writing her news report based on the leaflet.

This question was objected by the defendant’s counsel but such objection was overruled by Siew, who said the question would help to clarify that the witness’ report was not written based entirely on the leaflet.

Chia then told the court that she wrote her report based on the leaflet and what Chieng Jen said at the PC.

The witness said she did keep a copy of the recording on what Chieng Jen said during the PC.

Chia gave a “Yes” when asked whether she was sure that what was published in her report reflected what Chieng Jen said at the PC.

The trial has been scheduled for until next week.

In 2013, Chieng Jen used the term ‘black hole’ to insinuate that RM11 billion had gone missing from the state coffers.

His allegation was published in a Chinese national daily, a news portal and in leaflets distributed by Chieng Jen and the DAP, and also published in the Rocket, Malaysiakini and Sin Chew Daily on Jan 3, 2013.

As a result, the Sarawak government and the State Financial Authority (SFA) filed a defamation suit against him at the High Court here.