Bintulu MP Tiong King Sing lost his appeal at the Federal Court in Putrajaya today, relating to the issue of confidentiality of sources by a journalist in his defamation suit.

A five-man bench chaired by Court of Appeal president Md Raus Shariff unanimously dismissed his appeal and ordered him to pay costs of RM10,000 each to journalist Joseph Sipalan and former MCA president Ong Tee Keat.

He said the court (Federal Court) agreed with the Court of Appeal’s verdict that the decision of the High Court ruling that Sipalan, a former New Straits Times ( NST ) journalist, now with Reuters , need not disclose the identity of his sources for an article he had written, was not appealable.

Md Raus said the High Court’s decision was made in the course of a trial; thus, it did not finally dispose off the rights of a party.

The panel also included Federal Court judges Hasan Lah, Zainun Ali, Abu Samah Nordin and Court of Appeal judge Balia Yusof Wahi.

Tiong had originally filed a civil suit on Oct 12, 2009, naming the New Straits Times Press (NSTP) Bhd, its former group editor Syed Nadzri Syed Harun, Sipalan and Ong as defendants, but later withdrew his claim against NSTP, Syed Nadzri and Sipalan.

In the midst of the trial, Tiong applied to the High Court to make an order compelling Sipalan, who is a witness, to disclose his sources for the article he wrote with the heading, ‘Chua and Tiong in cahoots’ which was published in the New Sunday Times on Sept 6, 2009.

(‘Chua’ in the heading refers to former MCA president Dr Chua Soi Lek.)

The High Court in Kuala Lumpur, on July 31, 2013, had dismissed Tiong’s application and ruled that there was no need for Sipalan to disclose his sources.

High Court judge Lau Bee Lan held that it was in her view it would be more in the public interest for the court not to order Sipalan to reveal his sources.

On Aug 29, 2014, the Court of Appeal dismissed Tiong’s appeal after ruling that his appeal was incompetent and not appealable.

Tiong obtained leave from the Federal Court on June 16, last year to appeal against the Court of Appeal’s decision.

Ong’s counsel, Chan Tse Yuen told reporters that parties in the case would go back to the High Court to inform that court of the Federal Court’s decision and the High Court would fix a date to resume the hearing of the civil suit.

He said following the Federal Court’s decision, the High Court ruling that Sipalan need not disclose his sources, stood.

Lawyer Bhag Singh represented Sipalan while Porres Royan appeared for Tiong.

Also representing Ong was lawyer Lee Siew Lin.

- Bernama