KUALA LUMPUR: The Kuala Terengganu High Court has allowed an appeal by Sarawak Report editor Clare Rewcastle-Brown on her two-year jail sentence for defaming Sultanah of Terengganu Sultanah Nur Zahirah.
Judge Datuk Mohd Radzi Harun overruled the preliminary objection made by the Attorney-General's Chambers today as he found the appeal by Rewcastle-Brown's counsel competent, and the appellant must be given the right to be heard.
Besides, he said the mere absence of the appellant at the court could not be used as a reason to strike out the appeal.
"Despite the appellant having contended that she does not submit herself to the jurisdiction of the Malaysian court for purposes of the case and the court below, and for the purposes of this appeal, the appellant must be given the right to canvass her appeal, which is centred on the argument that this court has the jurisdiction to hear her appeal, as this court must hear the merits of the appellant's argument that there was paramount miscarriage of justice of the entire proceedings, and the decision of the learned magistrate was tainted with illegality," he said.
Radzi added that the appellant must appear in person before the judge for the appeal hearing as her decision to attend would be considered by the court when making a final decision on her appeal, besides the issues raised by her counsel and the prosecution.
In June, the A-GC wanted to quash Rewcastle-Brown's appeal over her two-year jail sentence for defaming Sultanah of Terengganu Sultanah Nur Zahirah.
Her lawyer Guok Ngek Seong said deputy public prosecutor Engku Ahmad Rashidi Abdillah made the application during case management before Kuala Terengganu High Court judge Datuk Hassan Abdul Ghani on June 6.
Guok said the prosecutor made the application because his client was absent despite the court order for her presence in today's proceedings.
However, the senior lawyer said they had informed the judge that they had filed submissions to address the issue of non-appearance, along with the petition of appeal.
On Feb 7, Rewcastle-Brown was sentenced to two years in prison by the magistrate's court here after finding her guilty of defaming Sultanah Nur Zahirah under Section 500 of the Penal Code.
Magistrate Nik Mohd Tarmizie Nik Mohd Shukri said Rewcastle-Brown's action had created a negative perception of Sultanah Nur Zahirah and damaged her good name and reputation.