Clare Rewcastle Brown, the editor of Sarawak Report, did contribute in highlighting the entire 1MDB and SRC scandal but sadly soon after the Najib's pardon, she has been convicted and sentenced to 2 years jail(being the maximum prison sentence permissible by law) in absentia -meaning she was not in court to enter a plea, or defend herself in trial.
“Rewcastle-Brown has and continues to do a great service to the people of Malaysia and, in particular, the disenfranchised of Sarawak by raising awareness of and exposing wrongdoings and abuses,” Anwar said in a statement on his Facebook page today.
The Port Dickson MP added that Rewcastle-Brown’s role in raising the issues of corruption, the plight of indigenous peoples, and the environmental harm stemming from illegal and immoral business practices in logging and development industries are exemplary acts of humanitarianism rarely seen in Malaysia....
“Journalists, whistleblowers, and activists should not be branded criminals without a fair trial, especially when they fight for the same justice we all want in Malaysia today,” Anwar said.
Personally, I believe that when PM Anwar came into power - he should have got her a 'Datukship' or some award to acknowledge her contribution in exposing the 1MDB scandal - the biggest kleptocracy scandal in the world. But that is my opinion only.
In the expose, it is not impossible for her to get some small issues wrong ...
Now, the Sultanah had already commenced a defamation suit against Clare, and recently the Court of Appeal overturned the High Court decision and asked her and others to pay damages of RM300,000.
Should then not reasonably the criminal defamation case be discontinued - as the affected party had exercised her right to justice through the civil courts? How many people had filed police reports alleging criminal defamation - that did not end up in the criminal courts? Maybe some MP will ask that question in Parliament... Should the crime of Defamation be repealed, as affected individuals already have a route to justice through defamation suits in the civil courts?
Why did the Attorney General/Public Prosecutor exercise his power to discontinue this criminal case like he recently did in the Zahid Hamidi's case?
Section 500 Punishment for defamation(Penal Code)
Whoever defames another shall be punished with imprisonment for a term which may extend to two years or with fine or with both.
And, then the court handed down the MAXIMUM imprisonment sentence - 2 years. Why the maximum prison sentence, not a reasonable one - did not the prosecution tell the court about what came out in the High Court about it being an 'honest mistake' and the fact that corrections had been made in the subsequent print run of the book >> indication of repentance and taking steps to correct the mistake.
In the High Court, that dismissed the defamation suit, the judge found it as a case of 'mistaken identity' -
Rewcastle-Brown testified that she made an “honest mistake” by naming Sultanah Nur Zahirah in the impugned passage, as she had mistaken the Sultanah with her sister-in-law, Tunku Datuk Rahimah Sultan Mahmud.
The journalist said that she made corrections to the passage in the book’s subsequent print runs.
With regard this Magistrate Court Criminal case - she alleges that she was unaware of it, and she or her lawyers were never informed of the court date....
Rewcastle Brown, however, said the first time she heard about the criminal defamation case was when an arrest warrant was issued against her in September 2021. The warrant lapsed in May last year.
She said neither she nor her lawyers were informed of any hearing. She also said that she was never formally charged.
Well, has Malaysia commenced any criminal case against the infamous Jho Low? Well, they did against Clare Rewcastle Brown and convicted/sentenced her in abstentia. WHY no case yet filed against Jho Low?
Fugitive businessman Low Taek Jho (pic), better known as Jho Low, has been sentenced in absentia to 10 years’ imprisonment by a Kuwaiti court on money laundering charges.
What is happening in Malaysia - Najib gets pardoned, and now one of the key person that HIGHLIGHTED this scandal gets sentenced to 2 years jail???
He called the move by the police an unnecessary public display that reeks of abusive political influence and said it added another dark mark on the country’s record regarding press freedom and respect for freedom of speech.
“The campaign against Rewcastle-Brown (above) is made more troubling by the fact that similar actions are not being taken against other known criminals, such as Jho Low.
“Regardless of the allegation against Rewcastle-Brown, she is owed the same dignity and respect as any other individual in Malaysia whom accusations are made against.
“Rewcastle-Brown has and continues to do a great service to the people of Malaysia and, in particular, the disenfranchised of Sarawak by raising awareness of and exposing wrongdoings and abuses,” Anwar said in a statement on his Facebook page today.
The Port Dickson MP added that Rewcastle-Brown’s role in raising the issues of corruption, the plight of indigenous peoples, and the environmental harm stemming from illegal and immoral business practices in logging and development industries are exemplary acts of humanitarianism rarely seen in Malaysia.
He stressed that while Malaysia is indeed a land of law and order, the country also must strive to always better itself as a land of justice and fairness where fair trial and treatment precede punishment by an independent judiciary.
“Journalists, whistleblowers, and activists should not be branded criminals without a fair trial, especially when they fight for the same justice we all want in Malaysia today,” Anwar said.
Police previously made a public appeal for information after an arrest warrant was issued against Rewcastle-Brown as she was charged in absentia for allegedly defaming the Sultanah of Terengganu in her book “The Sarawak Report - The inside story of 1MDB”.
The arrest warrant was issued for her failure to appear in court for the criminal defamation suit.
The infamous 1MDB scandal whistleblower is currently residing in the UK, and has maintained that she has no regret for exposing the scandal, which subsequently led to the downfall of former prime minister Najib Abdul Razak. - Malaysiakini, 17/11/2021
Sarawak Report editor jailed two years for defaming Terengganu Sultanah
- Nation
-
Wednesday, 07 Feb 2024
PETALING JAYA: Sarawak Report editor Clare Rewcastle-Brown has been sentenced to two years' jail for defaming Terengganu Sultanah Nur Zahirah.
Magistrate Nik Mohd Tarmizie Nik Mohd Shukri passed down the sentence on Rewcastle-Brown on Wednesday (Feb 7) at the Kuala Terengganu Magistrates' Court, Harian Metro reported.
Rewcastle-Brown did not attend the hearing.
She
was charged with criminal defamation under Section 500 of the Penal
Code over claims in her book "The Sarawak Report – The Inside Story of
the 1MDB Expose". Star, 7/2/2024
Rewcastle-Brown's book was titled The Sarawak Report: The Inside Story of the 1MDB Exposé. (File photo by Shahrin Yahya/The Edge)
PUTRAJAYA (Dec 12): The Court of Appeal (COA) has allowed Terengganu Sultanah Nur Zahirah's appeal in her defamation suit against Sarawak Report editor Clare Rewcastle-Brown and two others.
In a unanimous decision on Tuesday, a three-member appellate court bench said that the statement in Rewcastle-Brown's book titled The Sarawak Report: The Inside Story of the 1MDB Exposé linking the sultanah to fugitive financier Low Taek Jho (Jho Low) was defamatory.
The bench chaired by Datuk Hadhariah Syed Ismail and consisting of COA judges Mohamed Zaini Mazlan and Datuk Azhahari Kamal Ramli awarded damages of RM300,000 and cost of RM120,000.
The damages are to be paid jointly by all the defendants, which include Gerakbudaya Enterprise publisher Chong Ton Sin and printer Vinlin Press Sdn Bhd.
Prevailing circumstances in 2018 needed to be taken into account
Azhahari, who read out the decision, said that the bench agreed with the appellant's submissions that over-analysis of specific words should be avoided, and an ordinary reader's comprehension of the impugned statement ought to be taken into account.
The panel said that the High Court had considered extrinsic evidence or the dictionary meaning of specific words in the impugned statement, and noted that this was not the correct approach in determining the statement's "natural and ordinary" meaning.
The panel noted that the law does not confine the statement to its "literal meaning", but also considers the "context" in which it was used.
Azhahari said that the book was published in August 2018, about five months after the 14th general election, where 1Malaysia Development Bhd (1MDB) and Jho Low's connection to the scandal was a heated campaign topic.
"The defamatory part of the statement can be seen in the allegations that the [sultanah] was said to have supported Jho Low to be appointed to the advisory position in Terengganu Investment Authority (TIA)," the judge said in reference to 1MDB's predecessor.
The panel was of the view that a reasonable person, using their common sense of the prevailing circumstances at that time, would derive the meaning as pleaded by the sultanah — that she used her position to help Jho Low get the TIA position, that she had influence in the state administration, and that she was involved in alleged corrupt practices.
The impugned statement reads: “Jho was also friendly with a key player in Terengganu, the wife of the sultan, whose acquiescence was needed to set up the fund, and he later cited her support as having been crucial to his obtaining the advisory position."
Azhahari also said that Rewcastle-Brown failed to show that the impugned statement was true.
A Vishnu Kumar and Datuk Mohd Haziq Pillay represented the sultanah, while the defendants were represented by Americk Sidhu and Mervyn Lai.
The sultanah was appealing against then judicial commissioner Dr Johan Lee Kien How @ Mohd Johan Lee's decision on Oct 31, where the High Court dismissed her suit on the grounds that the statement in question was not defamatory, although there was a case of mistaken identity, where Rewcastle-Brown had mistaken Sultanah Nur Zahirah for her sister-in-law, Tunku Datuk Rahimah Sultan Mahmud.
The court awarded RM80,000 in costs. In her November 2018 suit, the sultanah sought, among others, general damages of RM100 million each from the defendants. - Edge, 12/12/2023
Kuwaiti court sentences Jho Low to 10 years in prison
- Nation
-
Thursday, 30 Mar 2023
PETALING JAYA: Fugitive businessman Low Taek Jho (pic), better known as Jho Low, has been sentenced in absentia to 10 years’ imprisonment by a Kuwaiti court on money laundering charges.
According to a report in Kuwaiti newspaper Al-Qabas, the criminal court had sentenced Low, a sheikh, his partner and a foreigner to 10-year jail terms.
A lawyer was also sentenced to seven years on money laundering charges in relation to a “Malaysian fund”.
While the newspaper did not name the Malaysian fund in question, The Sarawak Report said it was referring to 1Malaysia Development Bhd (1MDB).
The court, wrote Al-Qabas, also ordered those convicted to return US$1bil (RM4.4bil) and that they would be fined a total of 183mil Kuwaiti dinars (RM2.6bil).
Kuwait’s public prosecution office had reopened the case following a two-year hiatus due to a lack of information from international parties.
“Investigations showed that about US$1bil (RM4.4bil) entered the account of an influential Kuwaiti person and was then transferred abroad,” the report said.
Kuwaiti public prosecutors had charged the defendants “as an
organised criminal group” and with having committed the crime of money
laundering in Chinese currency, knowing that these funds were proceeds
from crimes, theft of funds, and investments in 1MDB. - Star, 30/3/2023
Sarawak Report editor ‘embarrassed for Malaysia’ after jail sentence
Clare Rewcastle Brown says the jail sentence imposed by the Kuala Terengganu magistrates’ court for criminal defamation was political in nature.
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PETALING JAYA: Clare Rewcastle Brown says she feels “embarrassed for Malaysia” after a Terengganu court sentenced her in absentia to two years in jail today.
Saying she was unaware of the case, the Sarawak Report editor said the jail sentence for criminal defamation imposed on her was political in nature.
“Maybe they want to get me on Interpol’s Red Notice list for the third time,” she told FMT, referring to a request for law enforcement authorities worldwide to locate and arrest a person.
Earlier today, the New Straits Times reported that the Kuala Terengganu magistrates’ court had convicted Rewcastle Brown in her absence for defaming Sultanah Nur Zahirah of Terengganu.
Magistrate Nik Tarmizie Nik Shukri ordered the sentence to start today.
Rewcastle Brown was found to have defamed the sultanah in a book titled “The Sarawak Report – The Inside Story of the 1MDB Expose”.
The sultanah claimed Rewcastle Brown’s book implied that she was a close associate of Low Taek Jho, or Jho Low, and that she had helped him obtain an advisory position in Terengganu Investment Authority, before it became 1MDB.
Rewcastle Brown, however, said the first time she heard about the criminal defamation case was when an arrest warrant was issued against her in September 2021. The warrant lapsed in May last year.
She said neither she nor her lawyers were informed of any hearing. She also said that she was never formally charged.
The timing of the prison sentence could not come at a worse time for Malaysia, she said.
“This ruling draws attention to the fact that I had once exposed kleptocracy in Malaysia,” Rewcastle Brown said, referring to her book.
“And it comes days after Najib Razak’s sentence was reduced. I feel embarrassed for Malaysia.”
The former prime minister, who was at the centre of the scandal, had his 12-year sentence halved to six years last week. He also had his fine reduced from RM210 million to RM50 million.
In 2018, Sultanah Nur Zahirah filed a defamation suit against Rewcastle Brown, publisher Chong Ton Sin and printer Vinlin Press Sdn Bhd, claiming the writer had made a disparaging statement in the book.
Last
December, the Court of Appeal awarded the sultanah RM300,000 in
damages, holding Rewcastle Brown, Chong and Vinlin Press liable for
defamation. - FMT, 7/2/2024
KUALA LUMPUR (Oct 31): The High Court on Monday (Oct 31) dismissed Terengganu Sultanah Nur Zahirah’s defamation suit against Sarawak Report editor Clare Rewcastle-Brown and two others, and awarded the defendants RM80,000 in costs.
In delivering his decision, judicial commissioner Dr John Lee Kien How @ Mohd Johan Lee said although there was a case of mistaken identity, the statement in question was not defamatory. “I see no defamatory imputation from the statement, although there was obviously a matter of mistaken identity. The plaintiff’s (Sultanah Nur Zahirah) case is hereby dismissed,” the JC said during proceedings via Zoom.
Sultanah Nur Zahirah’s suit, filed in Nov 2018, revolves around a statement in Rewcastle-Brown's book “The Sarawak Report: The Inside Story of the 1MDB Exposé”.
Recognising the importance of embracing technology and sustainable practices, leading property developer UDA Holdings Bhd is committed to strengthening digitalisation and sustainability in its business practices and projects.
The impugned statement is: “Jho (fugitive businessman Low Taek Jho, or Jho Low) was also friendly with a key player in Terengganu, the wife of the Sultan, whose acquiescence was needed to set up the fund and he later cited her support as having been crucial to his obtaining the advisory position”.
Apart from Rewcastle-Brown, the other defendants in the suit were Gerakbudaya Enterprise publisher Chong Ton Sin and printer Vinlin Press Sdn Bhd. Among others, the Sultanah sought general damages of RM100 million from each defendant.
The Sultanah alleged that Rewcastle-Brown made a disparaging statement about her in the book and that the statement could be taken to mean that she was involved in corrupt practices and interfered with the state’s administration.
She also claimed that the statement in the book had linked her as “friendly” with Jho Low and the statement had construed her as having helped Jho Low become the adviser of Terengganu Investment Authority (TIA), the predecessor of 1Malaysia Development Bhd (1MDB).
During the hearing of the suit in August, which spanned two days with five witnesses testifying, Sultanah Nur Zahirah denied ever knowing Jho Low or having any role or influence or involvement in TIA.
Rewcastle-Brown testified that she made an “honest mistake” by naming Sultanah Nur Zahirah in the impugned passage, as she had mistaken the Sultanah with her sister-in-law, Tunku Datuk Rahimah Sultan Mahmud.
The journalist said that she made corrections to the passage in the book’s subsequent print runs.
JC: Claims made would not have degraded Sultanah’s reputation
In his judgement, Mohd Johan ruled that from the perspective of a reasonable reader, there was nothing in the impugned statement to suggest the allegations made by the Sultanah, save for two claims.
He zeroed in on the Sultanah’s claim that the statement implied that the Sultanah consented to the establishment of the sovereign wealth fund and that she used her position to assist and/or support Jho Low in obtaining an advisory role in TIA.
The JC ruled that he saw no negative connotation in the two claims.
“Despite the factual error there, to say that the Plaintiff [Sultanah] consented or agreed to the establishment of the sovereign wealth fund, will, to my mind, not in any way degrade the Plaintiff [Sultanah]’s reputation.
“Likewise, mere support for someone for a job would not in anyway discredit a person, bearing in mind such support or letters of support is very much a Malaysian culture,” he said.
Mohd Johan added that the claim that Low had obtained the advisory position with the Sultanah’s support was made by the fugitive himself and “there is nothing to suggest the truth in it”.
AK Vishnu Kumar and Datuk Mohd Haziq Pillay represented the Sultanah, while the defendants were represented by Americk Sidhu.
Aside from this civil suit, Rewcastle-Brown has also been charged with criminal defamation in a court in Terengganu over the same book. She has made an application to transfer the matter to the Kuala Lumpur High Court.
The prosecution is opposing the transfer application, and the matter is set to be heard on Dec 12.
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