The Kuala Lumpur High Court is a "neutral ground" and "far away" from Kuala Terengganu to ensure a fair hearing in a criminal defamation case, Sarawak Report editor Clare Rewcastle-Brown claimed in a court filing.
She said this in her affidavit in reply to the prosecution's contention that the criminal defamation case against her, currently before the Kuala Terengganu Magistrate's Court, is free from any alleged influence from the state's palace.
On Nov 23 last year, Free Malaysia Today (FMT) reported that Rewcastle-Brown filed an application to not only transfer her criminal defamation case from the lower court in Kuala Terengganu to the High Court in Kuala Lumpur but also to quash the charge. The bid was filed at the Kuala Lumpur High Court.
In an affidavit filed yesterday in support of the application, Rewcastle-Brown contended, among others, that a fair criminal trial could not take place at the east coast state's lower court due to possible unwarranted influence being exerted on it.
In the latest affidavit, which Malaysiakini sighted, Rewcastle-Brown contended that there is a real risk and/or fear on whether a "junior judiciary and legal officer", such as the Kuala Terengganu magistrate, would be able to dispense justice without fear or favour in the case which is of public importance.
"Therefore, justice and fairness would demand that this case be heard by a High Court judge in Kuala Lumpur.
"A High Court judge in Kuala Lumpur will be best suited to hear this criminal case as he secured his tenure of office under the provisions of the Federal Constitution. This is unlike the case of a magistrate, with all due respect.
"Kuala Lumpur High Court is a preferred choice as a neutral ground as it is far away from Kuala Terengganu," she said.
When contacted this afternoon, counsel Guok Ngek Seong confirmed that his client Rewcastle-Brown filed the affidavit yesterday.
The lawyer added that following today's case management, the Kuala Lumpur High Court has set March 29 to hear the application to transfer and quash the criminal defamation charge.
The criminal court case was over her book "The Sarawak Report - The inside story of 1MDB", which mentioned the Terengganu Sultanah, Sultanah Nur Zahirah.
However, on Dec 22 last year, FMT reported the prosecution, in its affidavit, contending that the criminal charge was based on evidence and dismissing the allegation the case was due to pressure from the state palace.
Separate civil suit
Even before Rewcastle-Brown was charged in absentia with the criminal defamation charge on Sept 23 last year, the news portal editor already has a related ongoing civil action for defamation against her instituted by the Terengganu Sultanah.
The civil suit over defamation, pending before the Kuala Lumpur High Court, was also in relation to the same book.
Concerning the separate civil action for defamation, the Kuala Lumpur High Court was initially scheduled to hear the lawsuit for four days beginning Dec 15 last year.
However, the hearing was vacated after Rewcastle-Brown filed an application to stay the civil proceedings, pending disposal of the criminal case against her.
The Kuala Lumpur High Court has fixed March 4 to hear the stay application. - Mkini
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