KUALA LUMPUR: Sarawak Report editor Clare Rewcastle Brown will know on July 28 whether the High Court will allow her reference application to the Federal Court to challenge the constitutionality of a criminal defamation charge framed against her.
Judge Zaini Mazlan fixed the date after hearing oral submissions and clarifications from the prosecution and lawyer Gopal Sri Ram, who is representing Rewcastle Brown.
The judge also sought the views of lawyer Rajpal Singh who is holding a watching brief for Terengganu’s Sultanah Nur Zahirah.
Deputy public prosecutor Saiful Hazmi Mohd Saad submitted that the application was premature because Rewcastle Brown’s matter was at the case management stage in the Kuala Terengganu magistrates’ court.
Sri Ram submitted that the proceeding had started the very moment his client was charged.
Rajpal, in support of the prosecution, said Rewcastle Brown was charged in absentia and a warrant of arrest was issued for her to attend court.
“The prosecution had not executed the warrant of arrest and it is unclear if they will go for trial in her absence,” he said.
On Sept 23 last year she was charged with defaming the Sultanah in a book, ‘The Sarawak Report – The Inside Story of the 1MDB Expose’, which was released in Malaysia four years ago.
A month later, she applied for the matter to be transferred to the magistrates’ court here and later to be struck out.
Two months ago, Rewcastle Brown made a reference application to have the Federal Court determine the constitutionality of the charge. Two questions of law have been framed for the Federal Court to answer.
The Sultanah had earlier filed a RM300 million suit against Rewcastle Brown and publishers Gerakbudaya Enterprise and Chong Ton Sin, and printer Vinlin Press Sdn Bhd for defaming her in the book. A six-day trial has been fixed for August and October. - FMT
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