CLARE Rewcastle Brown was “surprised and saddened” by a high court ruling today that elements of defamation existed in her book, The Sarawak Report: The Inside Story of the 1MDB Expose.

The editor of the Sarawak Report told The Malaysian Insight that the defamation suit brought by Terengganu’s Sultanah Nur Zahirah could have been amicably resolved.

The suit focuses on one paragraph on Page 3 of the book, which alleged that Penang financier Low Taek Jho had the sultanah’s support to obtain an official advisory position in the Terengganu Investment Authority.

“I was very surprised. It was an unusual judgment to say the least,” she told The Malaysian Insight hours after the ruling was made by justice Ahmad Zaidi Ibrahim.

“Particularly the judge, in his remarks, appeared to have alluded to saving the sultanah the ordeal of having to appear in court to pursue her case.

“That would appear unrelated to the legal matters that are actually at hand.”

In his ruling, the judge had said Rewcastle Brown must now turn up in court to defend herself, adding that she will be cross-examined by the plaintiff.

The other two defendants named in the suit – Gerakbudaya Enterprise publisher Chong Ton Sin and printing company Vinlin Press Sdn Bhd – must also appear in court to fight the defamation claims.

As for the sultanah, Ahmad ruled she did not have to appear in court as she had proven she had been defamed.

In the second edition of Rewcastle Brown’s book, the words the “sultan’s wife” had been changed to the “sultan’s sister”.

In a statement posted on the Sarawak Report website last year, Rewcastle-Brown had apologised to the sultanah if she “had been upset by any misinterpretations of our meaning”.  

Sarawak Report has routinely published exposés on the scandal. It was an article by Sarawak Report that sparked a 2015 investigation into allegations of misappropriation of public funds at SRC International, for which former prime minister Najib Razak is standing trial now.

Rewcastle Brown said she was saddened that she has been “rewarded” with this ruling today for her work uncovering the 1MDB scandal.

“Given the momentous things that are going on in Malaysia, I am sad that this case (was not) amicably resolved as I have long since acknowledged that I had not meant to refer to the sultanah and had changed the reference to that of the sultan’s sister, who is recorded as being the social connection that introduced Low to the sultan.

“I have also made clear that I did not publish a suggestion that there has been any impropriety on the part of the sultan’s sister in making such an introduction.

“I’m sad that this case has carried on with the sultanah demanding RM300 million. Sadly, I’m not in the position to pay for her charitable causes.

“I am further saddened that my efforts in uncovering the scandal in 1MDB have rewarded me with actions like this,” she added.

On whether she will appeal today’s decision, Rewcastle Brown, who resides in London, said her Malaysian legal team has yet to be consulted, adding that she lived “eight hours behind”.

“Exactly what transpired today – and it is a legal action – all these things need to be evaluated before I can make a fulsome response.” 

The sultanah is claiming RM100 million each in general damages from Rewcastle Brown, the publisher and the printer.  

The sultanah had refused to accept the author’s apology and instead, through her lawyer, said she would donate all the money awarded to her by the court to charity should she win her case. – December 13, 2019.