S’wak Report editor fails to transfer criminal defamation case to KL

The High Court in Kuala Lumpur denied an application by Sarawak Report editor and founder Clare Rewcastle-Brown to have it hear the criminal defamation case against her involving Terengganu royalty.

Judge K Muniandy this morning ordered the criminal defamation case to continue to be heard by the Magistrate’s Court in Kuala Terengganu without further delay.

The High Court judge ruled that Rewcastle-Brown’s (above) application - which was based on her apprehension that she would not get a fair trial if her case continued to be heard at the lower court in Kuala Terengganu - lacked merit.

He said the High Court is reluctant to interfere as it requires exceptional reasons to do so, which she failed to provide.

Muniandy noted that the said apprehension must be reasonable and not imaginary or conjecture.

“However, she would be given reasonable opportunity to cross-examine the witnesses (for the prosecution),” Muniandy said, adding that the Malaysian legal system ensures an accused is given ample ways to try to defend himself or herself in the criminal court.

Lawyer Guok Ngek Seong appeared for Rewcastle-Brown, who was not present in court. Prosecution was conducted by deputy public prosecutor, Noor Haslinda Che Seman.

Back on May 15 during the hearing of the transfer application before Muniandy, Noor Haslinda submitted that United Kingdom-based Rewcastle-Brown, who has a warrant of arrest against her, would get a fair trial at the lower court in Kuala Terengganu.

The outspoken journalist had sought to have the criminal defamation case be heard by the High Court in Kuala Lumpur due to fears of partiality on the part of the state lower court as 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.

Rewcastle-Brown was charged in absentia before the east coast state’s lower court on Sept 23, 2021.

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

‘Offensive paragraph’

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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