A journalist giving evidence in court today was warned that he would be cited for contempt of court after he refused to disclose the identities of the anonymous sources he quoted in an article he wrote as a New Straits Times reporter four years ago.

Joseph Sipalan, 32, now a reporter with The Star, was called as a witness for the plaintiff in the defamation trial brought against former MCA president Ong Tee Keat by BN Backbenchers Club president Tiong King Sing.

Questioned by Tiong's counsel Prem Ramachandran, Joseph admitted he wrote the article titled ‘Chua and Tiong in cahoot?' that was published on Sept 6, 2009, after he interviewed seven to eight MCA central committee and state committee members who wished to remain anonymous.

After the witness admitted to remembering his sources, Prem asked Joseph to reveal the names of the MCA leaders in court, but he refused, citing journalistic confidentiality.

Prem then said there was no journalistic privileges when a matter comes to court. He then asked for a short break.

After the break, Joseph changed his statement by saying that he forgot the names of MCA leaders he spoke to. This resulted the lawyer threatening to cite the witness for contempt when the trial resumes on Feb 20.

Prem cited Section 142 of the Evidence Act and said the witness must answer in court, that the witness must answer even if the testimony would incriminate him under Section 132.

"There are no such things as newspaper rules in Malaysia. This is not for journalists to come to court and say they are not prepared to disclose sources," Prem said, adding that even Singapore courts do not recognise newspaper rules within their jurisprudence.

The trial adjourned to Feb 20 for the witness to seek independent legal advice, and decide if he is willing to disclose his sources.

'No personal grudge'

Ong’s counsel Chan Tze Yuen said that the anonymous source will be placed in the witness stand, even if it may not have any bearing to the trial.

azlanWhen queried by the defence counsel earlier, Tiong has denied that the suit was a result of a personal grudge between him and Ong to seek revenge.

On Sept 6, 2009, New Straits Times published an article which quoted sources that Ong had alleged both Tiong and MCA president Chua Soi Lek in conspiring to topple him by amassing a RM100 million war chest to mobilise their campaign against Ong.   

The article also suggests that the then Kuala Dimensi Sdn Bhd CEO wanted to sweep the on-going Port Klang Free Zone scandal under the carpet.

Tiong had filed a defamation suit in Oct 2009, following the published article in New Straits Times, he named The New Straits Times Press (M) Berhad, its group editor Syed Nadzri Syed Harun, the writer, and Ong as the parties involved.

Tiong seeks an undetermined amount of compensation and an apology from Ong, although he later dropped his charges against New Straits Times, its group editor and writer.

Even though the article had not directly quoted Ong in uttering the allegation, Tiong said that Ong’s silence amounted to admission.

Ong only said that the content of the article wasn’t defamatory after he issued the former MCA chief a legal letter dated Oct 1, 2009, Tiong added.

“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,” Tiong said in his written witness statement.

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