The Kuala Lumpur High Court was told today that journalist Joseph Sipalan Jr, who is testifying in a defamation suit, cannot shield behind confidentiality when asked to disclose his source.

Sipalan, 32, wrote the news report 'Chua and Tiong in cahoots?' that was published by New Straits Times on Sept 6, 2007.

NONE It led to the civil dispute between BN Backbenchers Council chairperson Tiong King Sing ( right ), who sued former MCA president Ong Tee Keat.

Tiong's lawyer, Prem Ramachandran said Section 132 of the Evidence Act, 1950 provides protection for journalists.

"It's not a breach of duty if you are asked by the court to disclose (his source), 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 said judge Lau Bee Lan heard submissions on the application filed by Tiong for the court to order Sipalan to disclose the anonymous source of his article.

Justice Lau will make decision on April 26, after seeking clarifications from all parties.

Respondent to submit replies by April 1

Counsel 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.

NONE Ong is represent by Chan Tze Yuen, while Bhag Singh ( right ) and Noor Amirul Nazreen appeared for Sipalan, who is now with The Star .

Bhag Singh refused to disclose the content of an affidavit he filed in court yesterday, since it wasn’t read out in chambers.

The Sept 6, 2009, New Straits Times article quotes sources as saying Ong claimed that Tiong and MCA president Chua Soi Lek were conspiring to topple him by amassing a RM100 million war chest to mobilise their campaign against him.   

The article also suggested that Tiong, who was then chief executive officer of Kuala Dimensi Sdn Bhd, also wanted to sweep the ongoing Port Klang Free Zone (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 group editor then 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 NSTP Bhd, its group editor and the writer.

Even though the article does not directly quote Ong as uttering the allegation, Tiong said Ong’s silence amounted to his admission.

“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,” he said.

The Centre for Independent Journalism’s (CIJ) executive officer Masjaliza Hamzah was among those present in court today.