No T'ganu palace interference in case against S'wak Report editor: DPP

A prosecutor has assured that Sarawak Report editor and founder Clare Rewcastle-Brown would get a fair trial at the Magistrate’s Court in Kuala Terengganu.

Deputy public prosecutor Noor Haslinda Che Seman today told the High Court in Kuala Lumpur this during counter-submissions against Rewcastle-Brown’s (above) application to transfer the criminal defamation case against her from the Kuala Terengganu court to the High Court in Kuala Lumpur.

The outspoken journalist had sought to have the criminal defamation case be heard by the High Court in Kuala Lumpur due to fear of partiality on the part of the state lower court after the case was linked to a police report lodged by the Terengganu palace.

The criminal defamation case involved a paragraph in Rewcastle-Brown’s initial edition of her book “The Sarawak Report - The inside story of 1MDB” which mentioned Terengganu’s Sultanah Nur Zahirah. However, later editions of the book had removed the paragraph concerned.

Haslinda told High Court judge K Muniandy this morning that the submissions from Rewcastle-Brown’s legal team do not show how the lower court in Kuala Terengganu would behave unfairly if the criminal defamation case is heard by it.

“Throughout the process of the prosecution, there has never been interference from (Terengganu) palace in this case.

“The appointed court officer would carry out duty fairly and equitably regardless of whether it involves the palace or the applicant (Rewcastle-Brown),” Haslinda submitted.

The DPP pointed out that the transfer application ought to be dismissed because the journalist’s legal team should have made the bid before the Magistrate’s Court in Kuala Terengganu rather than the High Court in Kuala Lumpur.

Haslinda added that the Malaysian authorities via an Interpol red notice among others had failed to serve the warrant of arrest issued by the lower court on Rewcastle-Brown, even though she was charged in absentia before the east coast state’s lower court on Sept 23, 2021.

Apprehension about partiality

Earlier during open-court proceedings before Muniandy today, Rewcastle-Brown’s counsel Guok Ngek Seong submitted that the journalist has reasonable apprehension about the partiality of the east coast state lower court to hear the case.

The lawyer added that the applicant is not questioning the integrity of the lower court but that she may not get a fair trial due to the Magistrate’s Court being in the same state where the police report against her was lodged by the palace on behalf of the sultanah.

At the end of proceedings, Muniandy set June 21 to deliver his decision on whether to allow the transfer of the criminal defamation case.

Rewcastle-Brown has a separate pending application before the High Court in Kuala Lumpur to quash the criminal defamation charge.

The criminal defamation charge was framed under Section 500 of the Penal Code which provides a punishment of up to two years imprisonment or a fine or both upon conviction.

According to the charge sheet, the offending parts are contained in line seven of paragraph four on page three of the book.

"(It) contains accusations against Sultanah Nur Zahirah as underlined 'the wife of the sultan' which is libel where you have cause to believe that the accusation will spoil the good name of Sultanah Nur Zahirah."

The charge sheet claimed the book was written at Lot 60048, Taman Chenderiang 21080 in Kuala Terengganu on Sept 14, 2018, at 8am.

According to Bernama, magistrate Nordiana Abd Aziz issued a warrant for Rewcastle-Brown’s arrest for failing to turn up in court.

Previously, the sultanah had also initiated related defamation proceedings in the civil court in Kuala Lumpur against Rewcastle Brown.

However, on Oct 31 last year, the High Court in Kuala Lumpur dismissed the civil action against Rewcastle-Brown. The sultanah has since appealed to the Court of Appeal.

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