An important point to note

Statement by Tan Sri Robert Phang

The action by Wee Ka Siong against me has not gone to full trial. Wee Ka Siong is now attempting to restrain me from publishing certain matters pending the full trial of the action. This is done by way of an application for an interim injunction. Pre-trial applications such as this injunction application are decided on affidavit evidence and not oral evidence. If oral evidence wants to be referred to, permission of the court has to be sought. I wish to clarify the withdrawal of my application for leave to cross-examine Wee Ka Siong. This application was to obtain the permission of the court to cross-examine Wee Ka Siong.
I believe that there have been inconsistencies arising out of statements made in his affidavits in court and statements made to the press as reported. If permission to cross-examine Wee Ka Siong was allowed, my lawyers would show that there was basis in my statements that are in issue in the legal action, and that these statements were not defamatory of Wee Ka Siong at all. After the application for leave to cross-examine Wee Ka Siong was filed, Wee Ka Siong filed his affidavit in reply. After perusing the affidavit in reply and after being advised by my lawyers, I take the position that his affidavit in reply confirmed that there were inconsistencies arising out of statements made in his affidavits in court and statements made to the press as reported. There was therefore basis in my statements that are in issue in the legal action, and that these statements were not defamatory of Wee Ka Siong at all. Wee Ka Siong is of course entitled to his position.

Cross-examination of Wee Ka Siong was to assist the court in determining the inter-partes injunction application. With the affidavit in reply by Wee Ka Siong, I believe that the objective has been achieved. The application was withdrawn to allow for the main issues to be heard by the court and decided without further delay. After the conclusion of the inter-partes injunction, parties would proceed to having the defamation action heard in full by way of a trial involving witnesses. During this process, Wee Ka Siong would be called as a witness and would be cross-examined. But that is for the full trial which dates have yet to be fixed by the court.

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