Dr Sim’s defamation suit against Michael Kong over 2020 Covid food aid remarks settled

KUCHING (March 13): Sarawak Deputy Premier Datuk Amar Dr Sim Kui Hian’s defamation lawsuit against special assistant to Sarawak Democratic Action Party (DAP) chairman Chong Chieng Jen, Michael Kong, over social media remarks on the state government’s food aid programme during the 2020 pandemic has reached a settlement.

The mutual agreement was placed on record today before Judicial Commissioner Zaleha Mohd Yusof Pan at the Kuching High Court, bringing the matter to a close without prolonged court proceedings.

Dr Sim’s counsel Datuk Shankar Ram informed the court that the parties had settled amicably and tendered a draft consent judgment for Zaleha’s approval.

“The terms of the settlement are that Dr Sim (plaintiff) withdraws and discontinues the action against Kong (defendant) with no liberty to file afresh, the defendant withdraws and discontinues his counterclaim against the plaintiff with no liberty to file afresh, and each party is to bear their own costs,” he said.

“One of the most important factors is that in Suit No. 1 the plaintiff has been successful in its claim, and the plaintiff does not wish to pursue this second suit,” he added.

Counsels Chieng Jen and Chong Siew Chiang, representing Kong, confirmed the settlement terms and requested that the agreement be placed on record.

“The reason why the defendant accepted this settlement is that it has always been the defendant’s view that such a matter ought to be settled in the arena of politics and not in court,” they said.

Following the proceedings, Kong said in a statement that public service is never without its trials, especially for the opposition.

“There will always be attempts to silence or pressure those who choose to question and hold those in power accountable.

“This has been a long and challenging journey, but throughout it all I remained steadfast in my belief that we must always stand up for what is right and speak out in the interest of the people,” he said.

He added that the experience had strengthened his resolve to continue serving the public.

“I will continue to stand tall and firm, and I will continue to speak up for the people and for better governance, transparency and accountability,” he added.

In 2020, Kong posted on Facebook that the federal and state governments’ poor decisions should be highlighted to ensure problems could be rectified.

He alleged that the assistance was unfairly distributed, particularly to disadvantageous constituents in opposition-held areas.

Dr Sim later demanded a public apology and compensation from Kong, who declined, prompting the filing of the defamation suit.