Federal Court rejects appeal by Sarawak Report founder in defamation case involving Terengganu Sultanah

PUTRAJAYA (Sept 10): The Federal Court today affirmed a Court of Appeal ruling that Sarawak Report editor Clare Rewcastle-Brown and two others are liable for defaming the Sultanah of Terengganu, Sultanah Nur Zahirah, in the book, “The Sarawak Report — The Inside Story of the 1Malaysia Development Bhd (IMDB) Expose”.

This was after a three-judge panel of the Federal Court, led by Tan Sri Nallini Pathmanathan, dismissed an application by Rewcastle-Brown and Gerakbudaya Enterprise publisher Chong Ton Sin and printer Vinlin Press Sdn Bhd for leave to appeal against the Court of Appeal’s decision.

In the unanimous decision, the court held that the questions of law raised by the three applicants did not meet the threshold requirements under Section 96 of the Courts of Judicature Act (CJA) 1964, concerning novelty and public importance.

“In this case, there was a convoluted linguistic and grammatical exercise and analysis undertaken which is contrary to the accepted and trite approach to be taken in comprehending whether the words are defamatory of the person or not,” said Justice Nallini in her decision delivered via Zoom.

Sitting with Justice Nallini are Justices Datuk Zabariah Mohd Yusof and Datuk Vazeer Alam Mydin Meera.

Justice Nallini also noted that Rewcastle-Brown’s book played a key role in uncovering the 1Malaysia Development Berhad (1MDB) scandal.

“This excerpt comprises a part of that book. While the significance of the book cannot be underplayed, it does not and cannot provide immunity to the author where there is defamation of a third party. In that context all parties are equal before the law and are subject to equal treatment by the courts,” she said.

Justice Nallini further said that Sultanah Nur Zahirah is equally entitled to equal treatment at law.

“The fact that she (Sultanah Nur Zahirah) is a member of a royal family does not preclude her from bringing a claim and being treated as would any member of the public.

“The fact of her background should not be held against her, as all are equal in the eyes of the law,” she said and awarded costs of RM15,000 to Sultanah Nur Zahirah.

Rewcastle-Brown was represented by lawyer Americk Singh Sidhu, while lawyer A. Vishnu Kumar acted for Sultanah Nur Zahirah.

On Dec 12 last year, the Court of Appeal overturned a High Court decision made on Oct 31, 2022, which dismissed Sultanah Nur Zahirah’s RM100 million lawsuit against Rewcastle-Brown, Chong and Vinlin Press and ruled that at the time of publication of the book, the statement was calculated to expose the Sultanah to hatred, ridicule or contempt.

The appellate court awarded RM300,000 in damages to Sultanah Nur Zahirah.

Sultanah Nur Zahirah filed the suit in 2018, claiming the trio defamed her in the book. — Bernama