The application was made under Section 84 of the Courts of Judicature Act.
Last September she was charged in the Kuala Terengganu magistrates’ court over an article said to be the subject matter of a defamation suit brought by Terengganu’s Sultanah Nur Zahirah.
The questions posed are whether Sections 499 and 500 of the Penal Code are constitutional and could be enforced in criminal proceedings; and if both sections cannot be brought into accord with the constitution under Article 162 (1), then is the court empowered to repeal the said provisions.
Rewcastle Brown said, as a foreigner, she could not be deprived of her personal liberty, save in accordance with the law as provided under Article 5(1).
In a letter to the court, Rewcastle Brown’s solicitor, Messrs Guok Partnership said freedom of speech was a guaranteed right although Parliament could impose restrictions.
It said the Penal Code was introduced into the federation in 1938 and there was no Parliament at that time to enact the law.
Sections 499 and 500 are existing laws under Article 162 (2) but are subject to Article 10 (1) (a) and (10) (2) (a) on grounds of public order, morality and contempt of court
It said the court was entitled to modify existing law and this included repealing it.
Deputy public prosecutor Haslinda Che Seman, in a proceeding before judge Zaini Mazlan yesterday, asked for time to respond as Rewcastle Brown had only raised this matter on Monday.
The judge has now fixed the matter for May 18.
Counsels Gopal Sri Ram, Guok Ngek Seong, How Li Nee and J B Yong are representing Rewcastle Brown while deputy public prosecutor Nadia Zulkifli is assisting Haslinda.
Rajpal Singh held a watching brief for Sultanah Nur Zahirah.
Last November, the London-based journalist made an application to transfer and strike out the charge that she committed criminal defamation against the Sultanah.
In her application, she said the charge must be quashed as it was done in bad faith, was malicious in nature, and an abuse of the court process and prosecutorial powers.
The Sultanah filed a defamation suit against Rewcastle Brown and publishers Gerakbudaya Enterprise and Chong Ton Sin, and printer Vinlin Press Sdn Bhd for defaming her in a book, The Sarawak Report – The Inside Story of the 1MDB Expose, released in Malaysia in September 2018.
Rewcastle Brown said a fair and impartial trial could not be conducted in Kuala Terengganu as potential and unwarranted influence would be exerted by various quarters on the magistrate to ensure a conviction against her.