Terengganu sultanah case - Sarawak Report editor's bid hits brick wall

The Attorney-General’s Chambers (AGC) has rejected Sarawak Report founder and editor Clare Rewcastle-Brown’s bid to have a criminal defamation charge against her withdrawn

Rewcastle-Brown’s counsel Guok Ngek Seong today confirmed with Malaysiakini the letter of representation dated March 8 in relation to the case involving Terengganu Sultanah Nur Zahirah had been rejected.

Under the law in relation to a letter of representation, an accused person can propose other ways to resolve the matter such as the withdrawal of the charge or for a lesser charge to be put forward.

According to a letter from the AGC to her counsel dated March 27, the chambers stated that the letter of representation is denied as there is sufficient evidence to maintain the charge still pending at the Magistrate’s Court in Kuala Terengganu.

The AGC further stated that its decision to maintain the charge is final and that any further representation from Rewcastle-Brown (above) would not be entertained except if there is new development or yet-to-be-considered circumstances that require further consideration.

On Sept 23, 2021, Rewcastle-Brown was charged in absentia with criminal defamation at the Magistrate's Court in Kuala Terengganu.

This is over her book 'The Sarawak Report - The inside story of 1MDB' which mentioned the Terengganu sultanah.

The charge is 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.

Terengganu Sultanah Nur Zahirah

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.

Rewcastle-Brown has a separate pending application before the High Court in Kuala Lumpur to transfer the criminal defamation case from the Kuala Terengganu court to Kuala Lumpur, as well as a pending court bid to quash the charge.

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.

Through the suit filed on Nov 21, 2018, the sultanah alleged Rewcastle-Brown's 438-page book inferred that she was involved in corrupt practice and had interfered in Terengganu’s administration.

However, Rewcastle-Brown argued, among others, that there was no imputation that the sultanah had committed graft or that she had influenced the Terengganu government. - Mkini