The Kuala Terengganu High Court sets aside the conviction of Sarawak Report editor Clare Rewcastle-Brown, ordering a potential retrial on defamation charges
KUALA TERENGGANU: The Kuala Terengganu High Court today declared the previous in absentia trial of Sarawak Report editor Clare Rewcastle-Brown a mistrial.
Judge Datuk Seri Mohd Radzi Harun consequently set aside the conviction and two-year prison sentence previously ordered by the Magistrate’s Court.
He ruled that the original charge against Rewcastle-Brown still stands, meaning the legal principle of double jeopardy does not apply in her favour.
Unless the public prosecutor decides otherwise, the judge ordered the case to be mentioned before a new magistrate for a potential retrial on the same charge.
Mohd Radzi also ordered that the retrial magistrate must re-summon prosecution witnesses and record their evidence in the appellant’s absence.
Rewcastle-Brown was sentenced in absentia on 7 February 2024 for defaming the Sultanah of Terengganu, Sultanah Nur Zahirah, under Section 500 of the Penal Code.
She subsequently filed an appeal at the High Court seeking to set aside both the conviction and the imposed sentence.
Her lawyer, Guok Ngek Seong, said the court agreed with the defence’s submission that an accused person must be brought to court to be charged.
He stated that only after this should a court decide on the fairness of proceeding with a trial in the accused’s absence.
When asked if his client would appear for the retrial, Guok said he was uncertain due to the difficulty of extradition between Malaysia and the United Kingdom.
The prosecution today was conducted by deputy public prosecutors Azizan Abdullah, Mohd Khairuddin Idris and Nor Aishah Mohamad. – Bernama
