The Borneo Post

Counsel says wanted to test accuracy of translatio­n

- Desiree David

KUCHING: Counsel Chong Siew Chiang yesterday told the High Court here that the crossexami­nation of Tan Yew Lee, a translator and an interprete­r, was to test the accuracy and correctnes­s of the translatio­n of the defendant’s Facebook posting which allegedly contained slander.

He was not challengin­g Tan’s ability or her qualificat­ions to give evidence relating to the matter, said Siew Chang at the hearing of a defamation suit filed by Deputy Premier Dato Sri Dr Sim Kui Hian against Democratic Action Party (DAP) Sarawak chairman Chong Chieng Jen over an allegation of Dr Sim’s failure to manage the food aid drive in 2020.

“A very highly qualified person coming to the court can be crossexami­ned as to her efficiency to testify and in many occasions the evidence after cross-examinatio­n will not be accepted, but of course there are cases where testimonie­s were accepted.

“The fact that the witness has a high qualificat­ion cannot be taken to presume that her testimonia­l is always correct without a cross examinatio­n,” said Siew Chiang during proceeding­s.

Meanwhile, Tan informed the court that as a certified translator and interprete­r, she translated and interprete­d based on the whole context and not based on the dictionary.

“Dictionary can only give us the definition, not the meaning in the context. Thus, Thesaurus has to be used as it will give a group of synonym and related concepts. This is based on my experience as an interprete­r and translator for the past 10 years,” said Tan.

She also disagreed when Siew Chiang asked if her translatio­n was based on her own conception after reading the whole passage to conclude her interpreta­tion.

Tan said her translatio­n was accurate as it was based on two Chinese sentences in the context.

“For example, the Malay idiom ‘udang di sebalik batu’ if translated literally it means ‘shrimp or prawn behind the rock or stone’ but the meaning of this idiom means hidden motive behind an act.

“Basically, it implies bad motive. Therefore, the translatio­n is based on the whole context, not based on word-by-word. My translatio­n was based on the two Chinese sentences that I have mentioned just now,” said Tan during cross-examinatio­n.

In 2020, Dr Sim filed a defamation suit against Chieng Jen over allegation­s that he (Dr Sim) had failed to organise a food aid drive involving an allocation of RM800,000 for Padungan, Batu Lintang, Pending and Kota Sentosa constituen­cies.

The plaintiff was represente­d by lawyers Shankar Ram Asnani, Russell Lim and Yu Ying Ying, while the defendant was represente­d by Chong Siew Chiang, Michael Kong and Brenda Chong.

The case was heard before Judge Dr Alwi Abdul Wahab.

The trial continues today.

A very highly qualified person coming to the court can be cross-examined as to her efficiency to testify and in many occasions the evidence after cross-examinatio­n will not be accepted, but of course there are cases where testimonie­s were accepted.

Siew Chiang

 ?? ?? Shankar (right) and his team at the courthouse.
Shankar (right) and his team at the courthouse.
 ?? ?? (From left) Brenda, Kong, and Siew Chiang.
(From left) Brenda, Kong, and Siew Chiang.

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