Court delivers reasons for judgment against Sarawak Report editor Rewcastle-Brown in defamation case

KUALA LUMPUR: The Kuala Terengganu Magistrate's Court delivered its reasons for judgment today against Clare Rewcastle-Brown, founder and editor of Sarawak Report.

On February 7, she was found guilty of defaming Sultanah Nur Zahirah of Terengganu in her book, The Sarawak Report: The Inside Story of the 1MDB Expose, thereby disrespecting the royal institutions.

In his reasons for the judgment dated June 2, Magistrate Nik Mohd Tarmizie Nik Mohd Shukri said Rewcastle-Brown's conduct had caused a bad perception of the Sultanah of Terengganu and tarnished her majesty's good name and reputation.

"Based on the evidence presented by the prosecution witnesses, the court is satisfied that the accusatory words against the Sultanah of Terengganu are slanderous, which can cause the good name and reputation of the Sultanah of Terengganu to be tarnished by such accusations.

"The words of accusation have directly linked the Sultanah of Terengganu with an individual, namely Jho Low (fugitive businessman Low Taek Jho) who is suspected of being involved in the 1MDB (1Malaysia Development Berhad) scandal and indirectly tarnished the good name of the Sultanah of Terengganu in the country's biggest scandal," he said

Nik Mohd Tarmizie stated that Rewcastle-Brown made the accusations against the Sultanah of Terengganu who is the consort of the Sultan of Terengganu.

The royal institution occupies a special and esteemed position in the Malaysian Constitution, commanding high respect from the public, particularly from those directly affected by the allegations.

The court noted that the defendant's disregard for the legal system, by choosing not to attend the trial, was taken into account during sentencing.

Judge Nik Mohd Tarmizie stated that the court was satisfied with the efforts to bring the defendant to justice, and her actions allowed the trial to proceed in absentia.

"The defendant's decision to evade the charges after communicating with the investigating officer, and remotely appointing a lawyer to file a motion in the Kuala Lumpur High Court, demonstrates her subsequent conduct in this case.

"Furthermore, the defendant made bold statements through a news portal, indicating her full awareness of the charges against her.

"The trial was conducted in absentia under Section 425A of the Criminal Procedure Code, leaving the court no choice but to find the defendant guilty and convict her under Section 500 of the Penal Code, sentencing her to two years in prison from the date of conviction (February 7)," he stated.

Rewcastle-Brown has appealed the Magistrate's Court decision, with case management scheduled for June 6 at the Kuala Terengganu High Court.

According to the charges, Rewcastle-Brown, residing in London, UK, authored a book titled The Sarawak Report: The Inside Story of the 1MDB Expose, containing defamatory statements against the Sultanah of Terengganu.

The defamatory statement, highlighted on page three, paragraph four, line seven, which Rewcastle-Brown knew would harm Sultanah Nur Zahirah's reputation, was committed at 8 am on Sept 14, 2018, at Lot 60048, Taman Chendering Utama.

Rewcastle-Brown was initially charged in absentia under Section 500 of the Penal Code, which carries a penalty of up to two years in prison, a fine, or both at the Kuala Terengganu Magistrate's Court on Sept 23, 2021.

She subsequently applied to transfer the case to the Kuala Lumpur High Court. However, on June 21, 2023, Judge K. Muniandy dismissed the application, keeping the case in the Kuala Terengganu Magistrate's Court.

-- BERNAMA

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