KUALA LUMPUR – The Kuala Terengganu High Court has ruled that the trial of Sarawak Report Editor Clare Rewcastle-Brown, which had previously been conducted in absentia by the Magistrate’s Court, is a mistrial.
In his ruling today, High Court Judge Datuk Seri Mohd Radzi Harun stated that as a result, both the conviction and sentence imposed by the Magistrate’s Court were nullified, Bernama reported.
“As this court has declared a mistrial, the charge against the appellant (Rewcastle-Brown) remains valid, and the criminal principle of autrefois acquit autre convict does not apply in her favour,” the judge explained.
Judge Mohd Radzi further ordered that, unless the public prosecutor decides otherwise, the case be referred to a new magistrate with the intention of holding a retrial on the same charge against Rewcastle-Brown. He also instructed that the retrial magistrate re-summon the prosecution’s witnesses and record their testimony in Rewcastle-Brown's absence.
The prosecution was represented by Deputy Public Prosecutors Azizan Abdullah, Mohd Khairuddin Idris, and Nor Aishah Mohamad. Rewcastle-Brown, who was not present at the hearing, was represented by lawyer Guok Ngek Seong.
In February 2024, Rewcastle-Brown, 66, was sentenced to two years' imprisonment in absentia by the Kuala Terengganu Magistrate’s Court for defaming Sultanah Nur Zahirah of Terengganu under Section 500 of the Penal Code. Magistrate Nik Mohd Tarmizie Nik Mohd Shukri had ordered that the sentence commence from the date of conviction.
Rewcastle-Brown later filed an appeal at the Kuala Terengganu High Court to overturn both her conviction and sentence.
When approached by reporters, lawyer Guok Ngek Seong commented that the court had agreed with the defence’s earlier arguments, which included the principle that an accused person must be physically present to be charged. He added, “If the accused does not appear before or during the trial, the court must decide whether it is fair to proceed in absentia… this was the point we raised.”
Asked if his client would attend the retrial and be present for the charges at the Magistrate’s Court, Ngek Seong indicated that it was uncertain due to the complexity of extraditing Rewcastle-Brown, given the lack of a formal extradition treaty between Malaysia and the United Kingdom. - December 14, 2025
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