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Tuesday, November 3, 2020

Nov 26 for Clare's appeal against decision allowing Terengganu sultanah not to testify

 


The Court of Appeal has set Nov 26 to hear the appeal by Sarawak Report editor Clare Rewcastle-Brown and two others against a High Court's decision to allow the application by Sultanah Nur Zahirah of Terengganu for her defamation suit against the former to be decided through the determination of points of law.

Rewcastle-Brown's lawyer Americk Sidhu and Sultanah Nur Zahirah's counsel Datuk Mohd Haaziq Pillay Abdullah, when contacted, confirmed the appeal hearing date.

Americk said his client wanted the defamation lawsuit to be decided through a full trial.

The appeal was fixed for case management before Court of Appeal deputy registrar Mohd Khairi Haron via e-review.

On Dec 13 last year, the High Court in Kuala Lumpur allowed Sultanah Nur Zahirah's application for the suit to be disposed of by way of Order 14A of the Rules of the Court 2012, through the determination of points of law.

Following the court's decision, Sultanah Nur Zahirah is exempted from testifying in her defamation suit which she filed against Rewcastle-Brown or Clare Louis Brown, Gerakbudaya Enterprise publisher Chong Ton Sin and printer Vinlin Press Sdn Bhd in Nov 2018.

In her statement of claim, Sultanah Nur Zahirah alleged that Rewcastle-Brown, made a disparaging statement about her in her book, "The Sarawak Report - The Inside Story of the 1MDB Expose".

The sultanah claimed that the statement could be taken to mean that she was involved in corrupt practices and interfered in Terengganu's administration besides using her status to influence the establishment of Terengganu Investment Authority (TIA) which later became 1MDB.

Sultanah Nur Zahirah also alleged that the statement had also construed her as having helped Jho Low or Low Taek Jho to become the adviser of TIA.

She contended that she had never involved herself in the administration of Terengganu state and establishment of TIA and therefore the statement had slandered and tarnished her reputation.

The sultanah is claiming general damages of RM100 million from each defendant and also seeking for an order for the publisher to withdraw the book containing the defamatory statement and for the printer to stop further printing of the book.

Bernama

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