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Monday, March 28, 2022

No stay, sultanah’s defamation suit against Sarawak Report founder still on - court

 


Clare Rewcastle-Brown failed in her bid to stay a defamation civil action against her by Terengganu Sultanah Nur Zahirah.

The Sarawak Report founder had sought to stay the civil proceedings, pending the disposal of related criminal court proceedings against her.

The Terengganu royalty’s counsel Mohd Haaziq Pillay Abdullah confirmed that the High Court in Kuala Lumpur this afternoon dismissed Rewcastle-Brown’s application to stay the civil suit.

“The defendant’s stay of proceedings application was dismissed with costs of RM5,000 (against the defendant).

“The next case management (for the sultanah’s civil suit) is set on April 4, 2022, for the fixing of trial dates (of the civil action),” the lawyer said when contacted today.

When contacted, Rewcastle-Brown's counsel Mervyn Lai also confirmed the outcome of proceedings this afternoon.

On Sept 23 last year, the Kuala Terengganu Magistrate’s Court charged Rewcastle-Brown in absentia with criminal defamation.

The criminal court case was over her book ‘The Sarawak Report - The inside story of 1MDB’ which mentioned the Terengganu sultanah.

In August last year, Free Malaysia Today reported that Rewcastle-Brown had filed a motion in the High Court in Kuala Lumpur to not only transfer the criminal case to the Kuala Lumpur court but also to quash the criminal charge.

The online news portal reported Rewcastle-Brown contending that the criminal charge must be quashed as it was allegedly done in bad faith, is malicious, and an abuse of court process.

The Terengganu sultanah’s civil action against the Sarawak Report editor was over the same article that is the subject matter of the criminal charge.

Gerakbudaya Enterprise publisher Chong Ton Sin

Besides Rewcastle-Brown, the civil suit also targeted Gerakbudaya Enterprise publisher Chong Ton Sin and printing company Vinlin Press Sdn Bhd.

‘Rewcastle-Brown used defamatory statements in the book’

It was reported that her counsel Mervyn Lai explained they sought a stay of the civil action as it may be prejudicial if the defamation suit is allowed to proceed while the criminal court case is also ongoing.

On Nov 21, 2018, the Terengganu sultanah filed the civil suit against Rewcastle-Brown and the two other defendants at the High Court in Kuala Lumpur.

Sultanah Nur Zahirah alleged that Rewcastle-Brown used defamatory statements in the book, which was printed by Vinlin Press in August 2018.

She claimed that the statements implied that she was involved in corrupt acts and interfered in the administration of Terengganu.

She further claimed that the statements alleged that she used her role to influence the setting up of the Terengganu Investment Authority (TIA), and assisted wanted fugitive Low Taek Jho, more popularly known as Jho Low, to become the adviser of TIA, which later morphed into 1MDB.

The sultanah claimed she was not involved in either the administration of the state or the setting up of TIA, and alleged that the statements had caused her embarrassment and tarnished her reputation in the eyes of the public.

Sultanah Nur Zahirah is seeking RM100 million in damages and wants the second defendant Chong to withdraw the books containing the defamatory statements, as well as stop third defendant Vinlin Press from printing more copies of the book.

In their statement of defence, the three defendants denied they had ever accused Sultanah Nur Zahirah of having been involved in corruption. - Mkini

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