Did Chong’s defence claim the subpoena issue justified a retrial?

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The Court of Appeal Dismissed Chong Chieng Jen's Appeal, Upholding the Defamation Ruling and Increasing Damages

The Court of Appeal has dismissed an appeal by Sarawak DAP chief Chong Chieng Jen, upholding a High Court decision that he defamed the Sarawak government and the Sarawak Financial Authority (SFA) concerning claims made about state funds in 2013. The appellate court increased the damages awarded to the state government and the SFA from RM150,000 to RM300,000 and ordered Chong to pay RM150,000 in costs to the respondents. Chong is reportedly considering a further appeal to the Federal Court.
Subpoena Issue Raised as Grounds for Retrial

During the appeal proceedings, Chong's lawyer, Michael Kong, argued that the trial judge's decision to set aside a subpoena for former state finance minister II Wong Soon Koh constituted an error. Kong contended that this prevented Wong Soon Koh from testifying on behalf of the defence, thereby justifying a retrial.
Plaintiffs Argued Against Retrial

Lawyers representing the Sarawak government and the SFA countered that the original trial was conducted appropriately. They argued that granting a retrial would unfairly prejudice the plaintiffs and cause inconvenience to witnesses involved in the proceedings.
Original Defamation Ruling in August 2022

The defamation suit originated in 2013 when Chong alleged that RM11 billion in state funds had been unaccounted for. The case proceeded to trial in January 2021, concluding in July of the same year. In August 2022, the High Court found Chong's claims to be defamatory.

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Did Chong’s defence claim the subpoena issue justified a retrial?

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