PUTRAJAYA: The Federal Court has dismissed a leave application to appeal by Clare Rewcastle-Brown and two others to set aside the Court of Appeal decision that found them liable for defaming the Sultanah of Terengganu Sultanah Nur Zahirah in her book.
A three-judge panel chaired by Justice P. Nallini, unanimously ruled that the application by the Sarawak Report editor, Gerakbudaya Enterprise publisher Chong Ton Sin and printer Vinlin Press Sdn Bhd 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 here on Tuesday.
The court noted that Rewcastle-Brown's book contained an important basis for the 1Malaysia Development Berhad (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 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.
The other judges on the panel were Justices Zabariah Yusof and Vazeer Alam Mydin Meera.
On Dec 12, last year, the Court of Appeal ordered Rewcastle-Brown, Gerakbudaya Enterprise and Vinlin Press to pay RM300,000 in damages to the Sultanah for defamation.
The appellate court allowed Sultanah Nur Zahirah’s appeal to overturn a High Court decision, made on Oct 31, 2022, which dismissed her suit against the three defendants.
Sultanah Nur Zahirah filed the suit on Nov 21, 2018, claiming the three had defamed her in the book, "The Sarawak Report: The Inside Story of the 1MDB Expose".
She claimed that the statement, among others, meant that she was involved in corruption and interfering in the administration of the Terengganu government, besides using her status to influence the establishment of the Terengganu Investment Authority (TIA), which was later known as 1MDB.
The Sultanah also claimed that the statement meant that she had helped fugitive businessman Low Taek Jho, or known as Jho Low, to become a TIA adviser.
She sought general damages of RM100mil from each respondent and an order for the publisher to withdraw the book containing the alleged defamatory statement, and for the printer to stop printing the book.
