KUALA LUMPUR: Sarawak Report editor Clare Rewcastle-Brown's defamatory statements about the Sultanah of Terengganu, Sultanah Nur Zahirah, in her book about 1Malaysia Development Bhd (1MDB), were disrespectful to country's royal institution.
Terengganu magistrate Nik Mohd Tarmizie Nik Mohd Shukri said Rewcastle-Brown's action created a negative perception of Sultanah Nur Zahirah and damaged her good name and reputation.
He said this in his judgment when sentencing the 65-year-old editor to two years after finding her guilty of defaming Sultanah Nur Zahirah in her book, 'The Sarawak Report – The Inside Story of the 1MDB Exposé'.
"After considering the testimonies provided by the prosecution witnesses, the court is convinced that the slanderous remarks directed at the Sultanah of Terengganu constitute defamation that could tarnish her reputation and good name.
"The slanderous remarks directly implicated the involvement of the Sultanah of Terengganu with fugitive businessman Low Taek Jho or Jho Low, who is suspected of being involved in the 1MDB scandal.
"This indirectly tarnishes the reputation of the Sultanah of Terengganu in the country's largest scandal," he said in the judgment dated June 2.
He said the royal institution holds a special and highest position in the Constitution and is highly regarded by the people.
"As the trial was conducted in absentia under Section 425A of the Criminal Procedure Code, the court had no alternative, and thus finds the accused guilty and convicts her under Section 500 of the Penal Code from the date of conviction (Feb 7)."
He said the defendant's failure to respect the Malaysian legal system by choosing to waive her right to attend the trial was also taken into consideration by the court in imposing the maximum sentence.
According to the charges, Rewcastle-Brown, who has a London address in the United Kingdom, wrote a book titled "The Sarawak Report - The Inside Story of 1MDB Expose" which contains accusations against the Sultanah of Terengganu.
The specific defamatory content, highlighted on page three, paragraph four, and line seven, was the phrase "the wife of the Sultan," which was deemed a deliberate act aimed at tarnishing the reputation of Sultanah Nur Zahirah.
She was charged with committing the offence at 8 am, Sept 14, 2018, at Lot 60048, Taman Chendering Utama here.