Latest news with #KuchingHighCourt
Borneo Post
6 days ago
- Politics
- Borneo Post
‘Black hole' defamation ruling: Appeals court gives judicial commission one month to deliver written grounds of judgment
Chong (centre) flanked by Kong (right) and Siew Chiang at the Kuching Court Complex. — Photo by Kentigern Minggu KUCHING (Aug 12): The Court of Appeal here today adjourned Sarawak DAP chairman Chong Chieng Jen's appeal against the Kuching High Court's 2022 defamation ruling over his 2013 'black hole' allegations, as the judicial commissioner had yet to deliver the written grounds of judgment. A three-member bench comprising Datuk Azimah Omar, Datuk Wong Kian Kheong, and Datuk Ismail Brahim, unanimously made the decision and ordered the judicial commissioner to deliver the written grounds within one month from today. The court further directed Chong's legal team to write to the Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi to inform her of the unavailability of the written grounds. Chong's lawyer Michael Kong pointed out the appeal was adjourned because the grounds of judgment had not been provided to the parties despite the trial concluding 49 months ago. During the appeal, Chong was also represented by counsels Chong Siew Chiang, Sharon Lo, and Brenda Chong. The respondents were represented by legal officers Ronald Felix Hardin, Mohd Adzrul Azlan, Mohamad Muhaimin Zakaria, and Felicity Thomas. In 2013, Chong, who is Stampin MP, alleged that RM11 billion from the state coffers had disappeared into a 'black hole' — implying financial mismanagement by the Sarawak government and the Sarawak Financial Authority (SFA). In a statement today, Chong said the state government subsequently sued him for defamation and the trial ran from Jan 7, 2021 to July 5, 2021. On Aug 30, 2022, Judicial Commissioner Alexander Siew How Wai ruled in favour of the plaintiffs, awarding RM150,000 in damages and RM50,000 in legal costs. 'However, he did not provide the grounds of judgment — the reasoning for his decision in favour of the state government,' Chong said. The court also granted an injunction restraining Chong, whether by himself, his servants, agents, or otherwise, from publishing or causing to be published the same or similar words or statements. According to him, over the years his party had written five times to the High Court requesting the grounds of judgment, but to no avail. black hole Chong Chieng Jen Court of Appeal lead
Borneo Post
18-07-2025
- Borneo Post
Jalan Stephen Yong fatal shooting: Bukit Aman traffic cop claims trial to murder
Genesis is escorted by police at the Kuching Court Complex lobby. — Photo by Kentigern Minggu KUCHING (July 18): A Bukit Aman traffic police officer with the rank of lance corporal claimed trial in the High Court here today to a charge of murder in connection with the fatal shooting of a man at Jalan Stephen Yong in April. L/Cpl Genesis Nitchell David Reddy, 30, pleaded not guilty when the charge under Section 302 of the Penal Code was read to him before Judicial Commissioner Datuk Faridz Gohim Abdullah. The Section provides for the death penalty, or if not sentenced to death, imprisonment of between 30 and 40 years, and a minimum of 12 strokes of the cane, upon conviction. The court set Aug 22, 2025 for further mention of the case and ordered the accused to be remanded at Puncak Borneo Prison pending the date. Deputy public prosecutor Jean Siow Chung Hwei appeared for the prosecution, while Genesis was represented by counsels Russell Lim, Brendan Ting, and Zoe Chan from the National Legal Aid Foundation. On April 26, two men showed up at the Batu Kawa police station around 5.30am to report that their friend, Muhammad Zaki, had been shot while inside a car. Police later found the victim dead with a gunshot wound to the head. Padawan police chief Supt Mohd Irwan Hafiz Md Radzi said six suspects were apprehended at various locations between 4pm and 5.30pm the same day, just hours after the report was lodged. During the arrests, police also seized a pistol loaded with 10 bullets. Faridz Gohim Abdullah Jean Siow Chung Hwei Kuching High Court
Borneo Post
28-05-2025
- Business
- Borneo Post
Petronas seeks ad hoc legal representation to challenge RM7.95 mln Petros claim
The legal team has applied to the Kuching High Court for ad hoc licences to appear. – AFP photo KUCHING (May 28): Petroliam Nasional Berhad (Petronas) is sending two Peninsular-based lawyers to represent it in the Kuching High Court in an ongoing legal dispute with Sarawak Petroleum Berhad's (Petros) over a RM7.95 million Maybank Islamic bank guarantee. The legal team, comprising Cyrus Vimala Kumar Vincent Das and Khoo Guan Huat, has applied to the Kuching High Court for ad hoc licences to appear. Their respective petitions are scheduled to be heard tomorrow (May 29) at the Sibu High Court, according to reliable sources. The case will be mentioned before Judicial Commissioner Datuk Faridz Gohim Abdullah this Friday (May 30), when the court is expected to address Petronas' applications for adjournment and stay of proceedings. According to a May 14 letter sighted by The Borneo Post , the Malaysian Attorney-General's Chamber raised no objections to the lawyers' petitions, supporting Petronas' right to be represented by its preferred legal counsel. The AG Chambers also expressed the view that the lawyers' involvement would assist the court in ensuring a comprehensive and fair disposal of the case – an issue that has reportedly not been litigated before. Petros, the plaintiff, is seeking a court order for the return of Rm7.95 million, paid to Petronas under the bank guarantee. The sum, Petros contends, was compensation for gas allegedly supplied in contravention of the Distribution of Gas Ordinance 2016, as Petronas is not the licensed gas aggregator in Sarawak. Petros argued that under the Sarawak Gas Sales Agreement dated Dec 30, 2019, Petronas lacks the necessary licence to distribute or supply gas in Sarawak, thereby invalidating the transaction. On April 28 this year, Kuching High Court Judicial Commissioner Datuk Faridz Gohim Abdullah dismissed Petronas' earlier application to stay proceedings, clearing the way for the main hearing on June 11. 'Petronas' application for a stay of proceedings lacked exceptional and compelling grounds, and there were no special circumstances to justify delaying the hearing of Petros' case, which is ready to proceed,' he said. The judicial commissioner further ruled that granting the stay sought by Petronas – pending the 'full and final disposal of the KL proceedings initiated by Shell SDMS Sdn Bhd' – would hinder the timely resolution of the Petros matter. Local counsel Alex Ngu, representing Petronas, informed the court of the company's intention to appeal the ruling and requested a further stay of proceedings pending the outcome of the appeal to the Court of Appeal. Both Petros and the State Attorney General's Chambers opposed the request for a further stay. State Legal Counsel Dato Sri JC Fong, appearing for the Sarawak government, asked the court to fix a hearing date for the Petros case and advised Petronas to apply for an expedited appeal under Rule 22 of the Rules of the Court of Appeal 1994. lead legal dispute Petronas Petros
Borneo Post
26-05-2025
- Borneo Post
Nurul Asikin Lan murder: E-Hailing driver's trial moves to Kuching High Court
Photo shows the exterior of the Kuching Court Complex. — Photo by Chimon Upon KUCHING (May 26): The Magistrates' Court has ordered that the case involving an e-hailing driver charged with the murder of Nurul Asikin Lan in December last year be transferred to the Kuching High Court. The accused, Zakwan Mokhtar, 23, indicated he understood the charge when it was read before Magistrate Syarifah Fatimah Azura Wan Ali during the case mention proceedings. No plea was recorded as the case falls under the jurisdiction of the High Court. Earlier, deputy public prosecutor Jean Siow Chung Hwei applied for the case to be transferred to the High Court, as the accused was charged under Section 320 of the Penal Code. The prosecution informed the court that it had received the DNA and post-mortem reports on the 28-year-old victim, as well as extracted WhatsApp message content relevant to the case. Zakwan, who was unrepresented, is charged with causing the death of Nurul Asikin, better known as Amoi, whose decomposed body was found in a drain along Jalan Setia Raja, Tabuan, at 9.10 pm on Dec 14, last year. The accused faces the death penalty or imprisonment for a term of between 30 and 40 years, and if the death penalty is not imposed, may also be liable to a minimum of 12 strokes of the cane. Previously, media reports quoted Sarawak police commissioner Datuk Mancha Ata as saying that the suspect had allegedly confessed to murdering the victim out of desperation for money to attend a football match. Amoi high court lead murder Nurul Asikin Lan transferred Zakwan Mokhtar
