Sarawak Report editor Rewcastle-Brown fails to transfer criminal defamation case to KL High Court

KUALA LUMPUR, June 21 — The case ofeditor Clare Rewcastle-Brown of allegedly defaming the Sultanah of Terengganu Sultanah Nur Zahirah will remain to be heard in Kuala Terengganu Magistrate’s Court.

In dismissing the application, Muniandy said the power of transfer under Section 417 of the Criminal Procedure Code should only be exercised only if it appears that not doing so may result in an unfair or unimpartial trial or otherwise appears expedient in the interest of justice. The judge also cited several grounds for this, among others are, an accused is presumed innocent until proven guilty, the magistrate presiding over the case in Kuala Terengganu is independent and unbiased and she is not hampered to deliver submissions on both facts and law before the magistrate arrives at a finding.

“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,” said the judge.

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