KUCHING: The High Court here today ruled in favour of Deputy Premier Datuk Amar Dr Sim Kui Hian in his defamation suit against Sarawak Democratic Action Party (DAP chairman) and Stampin MP Chong Chieng Jen.
It found that the plaintiff had successfully established claims of defamation and malicious falsehood arising from Facebook posts made during the COVID-19 pandemic.
In delivering his judgement, Judge Datuk Dr Alwi Abdul Wahab held that the defendant’s Facebook postings were maliciously published and calculated to injure Dr Sim’s reputation, particularly in relation to allegations involving the misuse of RM800,000 in Sarawak government funds meant for food relief at the height of the pandemic.
The court found that Chong had failed to prove all defences raised, including justification, fair comment, qualified privilege and Reynolds privilege, thereby rendering the impugned statements unlawful.
The judge further dismissed the defendant’s counterclaim in its entirety, ruling that articles published in local media and related press statements issued by Dr Sim did not carry any words capable of bearing a defamatory meaning.
In its findings, the court also took note of a TikTok video produced by the defendant, stating that it showed Chong play-acting while carrying bags of rice and wearing a DAP T-shirt, with no visible recipients of the food aid.
After the ruling, the court ordered Chong to pay Dr Sim RM350,000 in general and aggravated damages for defamation, RM50,000 in general damages for malicious falsehood, as well as RM100,000 in costs.
After the judgement was delivered, Dr Sim expressed relief and gratitude, describing the decision as long-awaited vindication following what he said were attacks on his personal reputation as a cardiologist and his standing as a Sarawak cabinet minister.
The suit arose from two Facebook posts published by the defendant on April 15 and April 18, 2020, during the implementation of pandemic-related restrictions.
Dr Sim filed the action on June 5, 2020 while the defence and counterclaim were filed on July 6, 2020.
The case had previously been struck out in January 2021 but was reinstated after the Court of Appeal unanimously overturned the decision in March that year, ordering the matter to be heard by another High Court judge.
Today’s ruling came after about 60 days of trial, with the court describing the judgement as a testament to the importance of perseverance and patience in the pursuit of justice.
