Political mobilisation cannot replace legal reasoning, DAP Sarawak chief urged to focus on appeal

Wilfred Yap

By DayakDaily Team

KUCHING, Dec 24: Kota Sentosa assemblyman Wilfred Yap has urged Democratic Action party (DAP) Sarawak chairman Chong Chieng Jen to concentrate on his appeal instead of politicising a High Court decision, warning that continuing to do so risks undermining public confidence in the judicial process.

The remarks came following the High Court’s ruling on Monday (Dec 22) in a defamation and malicious falsehood lawsuit filed by Deputy Premier Datuk Amar Dr Sim Kui Hian against Chong.

The case arose from Facebook posts made during the Covid-19 pandemic in 2020. It was fully litigated over approximately 60 days, with numerous witnesses called and extensive legal submissions made by both parties.

“The decision and findings of the High Court judge were reached only after due consideration of the evidence, testimony, and legal arguments presented throughout the trial. This is a judicial determination grounded in facts and law, not a political opinion or administrative action,” he stressed in a statement today.

He stressed that recasting a concluded High Court judgment into a political narrative is inappropriate, noting that it risks eroding public trust in the courts and blurs the line between political debate and legal accountability.

Yap added that if Chong disagrees with the High Court’s findings, the proper and lawful forum is the Court of Appeal, where judicial determinations are reviewed through legal arguments and evidence, not through political mobilisation or public shows of support.

“Respect for democracy includes respect for the rule of law and the independence of the courts. Political mobilisation cannot substitute for legal reasoning, just as public sympathy cannot overturn judicial findings,” he said.

Yap concluded that Sarawakians expect all elected representatives, whether from the government or opposition, to uphold judicial accountability, respect court decisions, and engage the legal process with maturity and integrity.

In delivering the judgment on Dec 22, High Court judge Dato Dr Alwi Abdul Wahab found that Dr Sim had successfully proven his claims that the impugned Facebook posts were maliciously published and calculated to injure his reputation. The posts had involved allegations regarding the alleged misuse and manipulation of RM800,000 in Sarawak government funds allocated for food relief.

The court ruled that Chong failed to establish the defences of justification, fair comment, qualified privilege, and Reynolds privilege. His counterclaim was dismissed in its entirety, with the court noting that articles published in a local English daily and related press statements issued by Dr Sim did not carry defamatory meaning. The judgment also referenced a TikTok video produced by Chong showing him play-acting while carrying bags of rice in a DAP T-shirt, with no identifiable recipients of the alleged food aid.

As a result, the High Court awarded Dr Sim RM350,000 in general and aggravated damages for defamation, RM50,000 in general damages for malicious falsehood, and RM100,000 in costs.

Yesterday (Dec 23), DAP members and supporters from the Kuching area pledged their support for Chong in pursuing an appeal, arguing that the case stemmed from issues of public governance and livelihood during the Movement Control Order (MCO) in 2020, and that Chong was fulfilling his constitutional duty by questioning the implementation of assistance measures.— DayakDaily