This comes after High Court judge K Muniandy dismissed her application to transfer the case from the Kuala Terengganu magistrates’ court to the High Court here.
In dismissing the application, Muniandy said the power of transfer under Section 417 of the Criminal Procedure Code (CPC) should only be exercised if it appears that not doing so may result in an unfair or unimpartial trial or otherwise appearing expedient in the interest of justice.
“The application by the applicant (Rewcastle Brown) lacks merit. It is hereby dismissed,” he said, adding that Rewcastle Brown’s apprehension that she would not be accorded a fair trial in Kuala Terengganu was not reasonable.
Muniandy cited several grounds for this, including the fact that an accused is presumed innocent until proven guilty, the magistrate presiding over the case in Kuala Terengganu is independent and unbiased, and Rewcastle Brown is not hampered to deliver submissions on both facts and law before the magistrate arrives at a finding.
“If the decision on the case is not in favour of the applicant, she has the right to appeal to the High Court pursuant to Section 307 (1) of the CPC.
“The applicant is subject to the law of the land where she is alleged to have committed a crime, thus the Malaysian legal system, including its criminal justice process, prevails,” he said.
He said the trial should proceed without further delay since the charge had been instituted quite long ago – on Sept 23, 2021.
Rewcastle Brown, who is believed to be in the UK, was charged in absentia at the Kuala Terengganu magistrates’ court with criminal defamation under Section 500 of the Penal Code, which carries a jail term of up to two years or a fine, or both, if convicted.
She is alleged to have defamed Sultanah Nur Zahirah in her book titled “The Sarawak Report – The Inside Story of the 1MDB Expose”.
Deputy public prosecutor Noor Haslinda Che Seman appeared for the prosecution while Rewcastle Brown was represented by counsel Guok Ngek Seong. Lawyer Siti Anis Che Ab Wahab held a watching brief for the sultanah.
The Kuala Terengganu magistrates’ court had set June 25 for mention of the case.