Court strikes out part of Rewcastle Brown’s defence in RM100mil suit

Court strikes out part of Rewcastle Brown’s defence in RM100mil suit

Judge Azimah Omar orders the defendant to come up with a draft of an amended defence statement.

The High Court also orders Clare Rewcastle Brown to pay Mabel Sheila Muttiah RM8,000 in costs.
KUALA LUMPUR:
The High Court has allowed an application by a former special officer to ex-attorney-general Apandi Ali to remove certain paragraphs in Clare Rewcastle Brown’s defence in a lawsuit.

In July 2019, Mabel Sheila Muttiah filed a RM100 million defamation suit against the Sarawak Report editor.

Lawyer David Gurupatham, who is appearing for Mabel, said Judge Azimah Omar delivered her ruling during an online proceeding today.

“The judge has allowed our client’s application to strike out several paragraphs in the defence statement,” he said.

The application to expunge several paragraphs was made after Rewcastle Brown did not deliver a number of documents to the plaintiff (Mabel) as directed by the court.

On Feb 10, 2020, Azimah allowed Mabel’s discovery application, meaning Rewcastle Brown had to hand over the requested documents to the plaintiff.

Gurupatham said that London-based Rewcastle Brown was given ample time to produce the documents but failed to comply.

He said that Azimah instructed the defendant to come up with a draft of an amended defence.

Azimah also ordered Rewcastle Brown, represented by TH Liew and Angeline Tan, to pay Mabel RM8,000 in costs.

A case management will be held on May 17 while a five-day trial has been fixed for August 2023.

Mabel, who is now a sessions court judge, is asking for damages as well as a mandatory order for the defendant to remove an article from her website.

The Sarawak Report article titled “How AG’s Office connived to prevent a second post-mortem on Kevin Morais – exclusive expose”, had alleged that Mabel had sent texts to the family members of the late deputy public prosecutor urging them to expedite the cremation of Morais’ remains to prevent a second post-mortem.

Morais’ remains were found in a steel drum after he was kidnapped from his car on the way to work in September 2015.

A former army doctor and five others were sentenced to death in July 2020 after they were found guilty of his murder.

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