PUTRAJAYA: The Federal Court has dismissed a leave application to appeal by Sarawak Report editor Clare Rewcastle-Brown (pic) and two others in their bid to set aside a Court of Appeal’s decision that found them liable for defaming Sultanah Nur Zahirah of Terengganu in her book.
A three-judge panel, chaired by Justice P. Nallini, unanimously ruled that the application by Rewcastle-Brown, Gerakbudaya Enterprise publisher Chong Ton Sin and printer Vinlin Press Sdn Bhd had failed to meet the threshold of novelty or public importance.
She said a complex linguistic and grammatical analysis was conducted in the case, which was contrary to the established and straightforward approach for determining whether the words were defamatory.
“Accordingly, this is not a question of law of novelty or public importance that requires ventilation in this court,” Justice Nallini said yesterday.
The court noted that Rewcastle-Brown’s book contained an important basis for the 1Malaysia Development Bhd (1MDB) expose and that the defamatory excerpt was part of the book.
“While the significance of the book cannot be underplayed, it does not and cannot provide immunity to the author where there is defamation of a third party. In that context, all parties are equal before the law and are subject to equal treatment by the courts,” the judge said.
The court also touched on the Sultanah’s royal stature.
“The fact that she is a member of a royal family does not preclude her from bringing a claim and being treated as would any member of the public. The fact of her background should not be held against her, as all are equal in the eyes of the law,” Justice Nallini said.
The apex court said that it has considered the chances of success in the appeal and found that even with leave granted, the prospects of success were slim.
It then dismissed the application with RM15,000 in costs.
Other judges on the panel were Justices Zabariah Yusof and Vazeer Alam Mydin Meera.
