What prejudice did the Sarawak government and SFA cite against granting a retrial?

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Sarawak Government and SFA Cited Prejudice Against Retrial

The Sarawak government and the Sarawak Financial Authority (SFA) argued that a retrial would prejudice the plaintiffs and cause inconvenience to witnesses. This stance was presented during the appeal proceedings in the defamation case involving DAP’s Chong Chieng Jen. The Court of Appeal ultimately dismissed Chong’s appeal, upholding the High Court’s ruling that his claims regarding state funds in 2013 were defamatory.
Prejudice to Plaintiffs

The plaintiffs, comprising the Sarawak government and the SFA, contended that a retrial would introduce prejudice to their case. This argument suggests that reopening the proceedings after a High Court judgment could negatively impact their position and the established findings. The initial suit was filed in 2013 following Chong's allegations of RM11 billion in state funds disappearing.
Inconvenience to Witnesses

Beyond the potential prejudice to the plaintiffs, the respondents also highlighted the inconvenience a retrial would impose on witnesses. The case had already undergone a trial that commenced in January 2021 and concluded in July of the same year, with the High Court delivering its verdict in August 2022. Requiring witnesses to testify again would necessitate additional time and effort, potentially affecting their availability and willingness to participate.
Dismissal of Retrial Argument

During the appeal, Chong’s legal team had sought a retrial, arguing that the trial judge had erred in setting aside a subpoena for former state finance minister II Wong Soon Koh, thereby preventing his testimony for the defence. However, the counsel for the Sarawak government and SFA countered this by asserting that the trial was conducted appropriately. Their arguments regarding prejudice and inconvenience ultimately contributed to the Court of Appeal's decision to dismiss the appeal and uphold the initial ruling.

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What prejudice did the Sarawak government and SFA cite against granting a retrial?

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