In a surprise verdict on February 7, Rewcastle Brown, the founder and editor of online media outlet Sarawak Report, was convicted by the Kuala Terengganu Magistrates’ Court of defaming the Sultanah of Terengganu, Sultanah Nur Zahirah, under Section 500 of Malaysia’s Penal Code.
Magistrate Nik Mohd Tarmizie Nik Mohd Shukri found Rewcastle Brown’s book, ‘The Sarawak Report - The Inside Story of the 1MDB Exposé’, published in 2018, contained accusations against the Sultanah that constituted defamation. Contesting the contents of a single paragraph, Sultanah Nur Zahirah had originally sought MYR 100 million (USD 24,000) in damages from each defendant, including the book’s publishers GB Gerakbudaya Enterprise Sdn Bhd, Chong Ton Sin, and printer Vinlin Press Sdn Bhd.
One of the world’s largest corruption scandals, Rewcastle Brown’s investigation centred on the embezzlement of USD 4.6 billion from the Malaysian sovereign fund, 1Malaysia Development Berhad (1MDB), exposing its founder, former Malaysian Prime Minister Najib Razak, who diverted funds intended for economic development projects to a personal bank account. The kleptocracy case also implicated several high-profile celebrities and saw the first criminal charges filed against Wall Street firm Goldman Sachs.
Rewcastle Brown told Malaysiakini that she was not aware of the case and was not given the chance to defend herself at the hearing. Her lawyer, Guok Ngek Seong, said he had received instructions to file an appeal in the Malaysian High Court, with the failure of the magistrate to notify her or her lawyers in contravention of Section 425A (1) of the Criminal Procedure Code.
Speaking with the BBC, Brown said, “I'm afraid this is malicious, it is politically motivated. And I see it as revenge for my public interest journalism.” The verdict comes just days after former Prime Minister Najib’s 12-year prison sentence for his role in 1MDB was reduced by half.
The defamation case was originally categorised as “no further action” in 2018 but later revived by Malaysian authorities in March 2021, a move which Rewcastle Brown termed a “blatant abuse of power and influence within Malaysia”. Rewcastle Brown had previously advised the authorities that she has no intentions of travelling to Malaysia, noting ‘criminal defamation’ is not a crime in the United Kingdom.
The IFJ said: “The punitive verdict in the criminal defamation case against Clare Rewcastle Brown is a blatant attempt by the Malaysian authorities to quash critical reportage and crucial investigative journalism. Journalists must be permitted to report without repercussions on matters in the publish interest, and this ruling signifies a severe threat to press freedom. The IFJ calls for the immediate reversal of all charges against Rewcastle Brown and calls on the Malaysian government to cease using harassment and intimidatory tactics towards journalists and whistle-blowers.”