High Court judge Justice K. Muniandy dismissed her application for transfer on grounds that it lacked merit.
He also said that Rewcastle-Brown’s apprehension to have the case tried in Terengganu as she was fearful that she might not be accorded the justice she deserved, was not reasonable and exceptional as an accused person is presumed innocent until proven guilty. Rewcastle-Brown was allowed reasonable opportunity to cross-examine all witnesses called by the prosecution, and she was not prevented from advancing submissions on facts and law before the magistrate arrived at a finding of facts in the case.The court also said that if the case did not favour Rewcastle-Brown, she still has the right to appeal against the decision at the High Court pursuant to Section 307 of the CPC.
The court then ordered for the case to remain at the Kuala Terengganu Magistrate’s Court where it ought to proceed to trial without any further impediment since the date of charge was Sept 23, 2021.
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