Shankar Ram (right) and Russell Lim (left) representing Dr Sim.
KUCHING (July 1): In the trial of Deputy Premier Dato Sri Dr Sim Kui Hian’s defamation suit against Sarawak Democratic Action Party (DAP) chairman Chong Chieng Jen, the Kuching High Court yesterday has disallowed Chong to ask a witness to check whether the audited accounts involving the Covid-19 food aid fund amounting to RM16.4 million had been raised in the Sarawak Legislative Assembly (DUN).
The defendant’s counsel Michael Kong said the witness is currently the director of the Sarawak Premier’s Administrative Unit, Nicholas Sia, whom the defendant asked to find such a report and submit to the court, if there is any.
Shankar Ram, the plaintiff’s counsel, however, said that that was not the issue of the trial.
Shankar: The libel in the first and second Facebook posts alleged that Dr Sim received the RM800,000 allocation meant for the opposition which is untrue, to go so far as to ask the witness to check and produce documents. The defendant himself is a DUN member.
Shankar: It is for the defendant to substantiate their case of Dr Sim getting the RM800,000. Other than that I leave it to the court to bear in mind this factor is the discovery stage.
Kong: We have always said that there is a lack of transparency and lack of accountability.
Kong: Exhibit P23 which is the direction clearly states at the paragraph that “The audited accounts shall then be laid on the table of the DUN”. The word ‘shall’ is mandatory in nature.
Kong: My instruction from the defendant is so far he has not received any payment in 2021 because in the said year, there was no sitting called by the secretary of DUN. I pray that both sides, the defendant and the witness, to check.
The court however did not allow the application.
Meanwhile, Sia told the court that his side had submitted the 2020 account statement audited by the Auditor General and was given a clean bill of health.
“At this point in time, I have no information whether the statement has been laid on the table of DUN,” said Sia.
The trial of the case will continue on Aug 22 to 25 this year.
In 2020, Dr Sim, who is also SUPP president, filed the defamation suit against Chong for alleging that he (Dr Sim) had failed to manage the food aid of RM800,000 meant for four state constituencies, namely Padungan, Batu Lintang, Pending and Kota Sentosa.
Shankar was assisted by lawyers Russell Lim and Yu Ying Ying while Chong was represented by lawyers Kong, Chong Siew Chiang, Sim Kiat Leng and Brenda Chong.
The case was heard before Judge Dr Alwi Abdul Wahab.
from Borneo Post Online https://bit.ly/3NsGWpW
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