The Kuala Lumpur High Court today was told that journalist Joseph Sipalan Jr who is testifying in a defamation suit, can't shield behind confidentiality when requested to disclose a source.
Joseph, 32, wrote the news report 'Chua and Tiong in cahoots?' which was published by New Straits Times on Sept 6, 2007.
It led to the civil dispute between BN Backbencher Council chairperson Tiong King Sing (right) who is suing former MCA president Ong Tee Keat.
The plaintiff's lawyer, Prem Ramachandran, said Section 132 of Evidence Act, 1950 provides protection for journalists.
"It's not a breach of duty if you are asked by the court to disclose, so it's a complete defence," Prem told reporters outside chambers.
"I don't know why in this particular case, the reporter is being so secretive."
He added Justice Lau Bee Lan had heard submissions in the application brought by Tiong, to have the court order Joseph to disclose the anonymous source of his article.
Justice Lau will make decision on April 26 after seeking clarification from the parties.
Joseph, 32, wrote the news report 'Chua and Tiong in cahoots?' which was published by New Straits Times on Sept 6, 2007.
It led to the civil dispute between BN Backbencher Council chairperson Tiong King Sing (right) who is suing former MCA president Ong Tee Keat.The plaintiff's lawyer, Prem Ramachandran, said Section 132 of Evidence Act, 1950 provides protection for journalists.
"It's not a breach of duty if you are asked by the court to disclose, so it's a complete defence," Prem told reporters outside chambers.
"I don't know why in this particular case, the reporter is being so secretive."
He added Justice Lau Bee Lan had heard submissions in the application brought by Tiong, to have the court order Joseph to disclose the anonymous source of his article.
Justice Lau will make decision on April 26 after seeking clarification from the parties.
Counsels ordered to submit replies by April 1
Both counsels representing the journalist and the respondent were ordered to submit written replies by April 1, while the plaintiff will have another two weeks to respond.
Ong is represent by his counsel Chan Tze Yuen, while Bhag Singh (right) and Noor Amirul Nazreen represent the journalist, who is now with The Star.
Bhag Singh refused to disclose the content of an affidavit he had submitted to the court yesterday, as it wasn’t read out in chambers.
The Sept 6, 2009 New Straits Times article quotes sources as saying Ong had alleged that both Tiong and MCA president Dr Chua Soi Lek were conspiring to topple him by amassing a RM100 million war chest to mobilise their campaign against Ong.
The article also suggests that Tiong, then-Kuala Dimensi Sdn Bhd chief executive officer, also wanted to sweep the on-going PKFZ scandal under the carpet.
Following the publication of the article, Tiong filed his defamation suit in October 2009, naming the New Straits Times Press (M) Bhd, its then-group editor Syed Nadzri Syed Harun, the writer, and Ong as the parties.
Tiong is seeking an undetermined amount as compensation and an apology from Ong, although he later dropped his demands against New Straits Times, its group editor and the writer.
Even though the article does not directly quote Ong as uttering the allegation, Tiong said that Ong’s silence amounted to his admission.
Ong only said that the contents of the article were not defamatory after he issued the former MCA chief a legal letter dated Oct 1, 2009, Tiong added through a written witness statement on Oct 30.
“The allegations in the article are of the worst kind. It gives the impression to the public at large that I am guilty of a criminal conspiracy.
“It also suggests that I was actively buying votes within the MCA to cover up a scandal,” said Tiong.
The Centre for Independent Journalism’s (CIJ) executive officer Masjaliza Hamzah was spotted in court as well.
Both counsels representing the journalist and the respondent were ordered to submit written replies by April 1, while the plaintiff will have another two weeks to respond.
Ong is represent by his counsel Chan Tze Yuen, while Bhag Singh (right) and Noor Amirul Nazreen represent the journalist, who is now with The Star.Bhag Singh refused to disclose the content of an affidavit he had submitted to the court yesterday, as it wasn’t read out in chambers.
The Sept 6, 2009 New Straits Times article quotes sources as saying Ong had alleged that both Tiong and MCA president Dr Chua Soi Lek were conspiring to topple him by amassing a RM100 million war chest to mobilise their campaign against Ong.
The article also suggests that Tiong, then-Kuala Dimensi Sdn Bhd chief executive officer, also wanted to sweep the on-going PKFZ scandal under the carpet.
Following the publication of the article, Tiong filed his defamation suit in October 2009, naming the New Straits Times Press (M) Bhd, its then-group editor Syed Nadzri Syed Harun, the writer, and Ong as the parties.
Tiong is seeking an undetermined amount as compensation and an apology from Ong, although he later dropped his demands against New Straits Times, its group editor and the writer.
Even though the article does not directly quote Ong as uttering the allegation, Tiong said that Ong’s silence amounted to his admission.
Ong only said that the contents of the article were not defamatory after he issued the former MCA chief a legal letter dated Oct 1, 2009, Tiong added through a written witness statement on Oct 30.
“The allegations in the article are of the worst kind. It gives the impression to the public at large that I am guilty of a criminal conspiracy.
“It also suggests that I was actively buying votes within the MCA to cover up a scandal,” said Tiong.
The Centre for Independent Journalism’s (CIJ) executive officer Masjaliza Hamzah was spotted in court as well.
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