Sultanah’s suit against Sarawak Report founder dismissed

Terengganu Sultanah Nur Zahirah failed in her defamation action against Sarawak Report founder Clare Rewcastle-Brown.

The Kuala Lumpur High Court this afternoon dismissed the state royal’s civil action over statements in Rewcastle-Brown’s book ‘The Sarawak Report - The Inside Story of 1MDB’.

Today was set for decision, following a full trial that saw both plaintiff and defendant among five witnesses testifying in court.

During online proceedings, judicial commissioner John Lee Kien How @ Mohammad Johan Lee ruled there was no defamatory statement in the book.

He noted that from the perspective of a reasonable reader, the impugned statements do not give rise to several imputations complained of by the sultanah.

Johan then made reference to these imputations (allegations) that she complained of, namely:

1. That she interfered in the administration of Terengganu

2. Used her position to influence the establishment of 1MDB’s predecessor, Terengganu Investment Authority (TIA)

3. Was involved in corrupt practice

4. Of being associated with a questionable character, namely fugitive businessperson Low Taek Jho (Jho Low)

5. That she was the one running the administration and affairs of the state due to her influence.

‘No negative connotation’

The judicial commissioner noted that the statements in question are not defamatory as they only imputed that the sultanah consented or agreed to the establishment of TIA, and that Low claimed she supported him in obtaining an advisory role in TIA.

“I see no such negative connotation from these two imputations. Despite the factual error there, to say that the plaintiff consented or agreed to the establishment of the sovereign wealth fund, will, to my mind, not in any way degrade the plaintiff’s reputation.

“Likewise, mere support for someone for a job would not in any way discredit a person bearing in mind such support or letters of support is very much a Malaysian culture.

“Moreover, the statement also highlights that such statement (about the support of the Sultanah in his [Low] obtaining of the position) was claimed by Jho Low himself. There is nothing to suggest the truth in it.

“To sum up, I see no defamatory imputation from the statements although there was obviously a matter of mistaken identity. Thus, the plaintiff’s case is hereby dismissed,” Johan ruled.

The judicial commissioner also ordered the Terengganu Sultanah to pay RM80,000 in costs to the three defendants: Rewcastle-Brown, Gerakbudaya Enterprise publisher Chong Ton Sin, and printing company Vinlin Press Sdn Bhd.

The Terengganu royal was represented by counsel A Vishnu Kumar, Mohd Haziq Pillay, and Mohd Hilmi Sarbini, while lawyer Americk Sidhu appeared for the three defendants.

During hearing of the civil action, the sultanah testified her denial of being involved in TIA, while Rewcastle-Brown testified that it was an honest mistake on her part in relation to the alleged defamatory portion in the book.

The book’s later editions removed the purportedly defamatory portion.

Sought RM100m damages

On Nov 21, 2018, the sultanah filed the civil action which named not only Rewcastle-Brown but Chong and Vinlin Press as well.

The plaintiff alleged that Rewcastle-Brown used defamatory statements in the book, which Vinlin Press printed in August 2018.

The plaintiff claimed she was not involved in either the administration or the setting up of TIA and alleged that the statements caused her embarrassment and tarnished her reputation.

She was seeking RM100 million in damages and wanted second defendant Chong to withdraw the books containing the statements, as well as stop the third defendant Vinlin Press from printing more copies of the book.

In their statement of defence, the three defendants denied they had ever accused Nur Zahirah of being involved in corruption.

Meanwhile, a separate criminal court case against Rewcastle-Brown in relation to the same portion of the book is still ongoing.

Verdict for sultanah's defamation suit against S'wak Report founder on Oct 31

T'ganu sultanah never meddled in TIA, ex-MB tells court

T'ganu sultanah denies involvement in 1MDB's predecessor

Aug 1 hearing of Sultanah Nur Zahirah's suit against Rewcastle-Brown