KUALA LUMPUR: Sarawak Report editor Clare Rewcastle-Brown has failed to transfer her criminal defamation case involving Terengganu Sultanah, Sultanah Nur Zahirah, from the Kuala Terengganu Magistrate's Court to the High Court here.
High Court judge Justice K. Muniandy dismissed her application for transfer on the grounds that it lacks merit.
He also said that Rewcastle-Brown's apprehension to have the case tried in Terengganu as she was fearful that she may not be accorded the justice she deserves is not reasonable and exceptional as an accused person is presumed innocent until proven guilty. He added that Rewcastle-Brown is allowed a reasonable opportunity to cross-examine all witnesses called by the prosecution and said that she is not hampered to advance submissions on facts and law before the magistrate arrives 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.
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