Malaysian magistrate says being disrespectful of Malaysia's royalty is to be defamatory, words that "could tarnish" a person's reputation are sufficient to make a finding of criminal defamation-Malaysian decision in favour of Sultanah Of Terengganu turns curiouser and curiouser

 by Ganesh Sahathevan 

DYMM Sultan Terengganu dan KDYMM Sultanah

The problematic decision  handed down by the Kuala Terengganu Magistrates’ in favour of the Sultanah Of Terengganu has become, to quote Lewis Carroll in Alice In Wonderland, curiouser and curiouser. Malaysia's national paper of the record, the government controlled Newt Straits Times has reported that Magistrate Nik Mohd Tarmizie Nik Mohd Shukri's reasons for decisions include the following statement which implies that  criminal defamation can be founded even when there is a possibility that a phrase "could tarnish" a persons reputation: 

 After considering the testimonies provided by the prosecution witnesses, the court is convinced that the slanderous remarks directed at the Sultanah of Terengganu constitute defamation that could tarnish her reputation and good name.

The NST also reported that the complainant need not be the direct subject of the phrase for the Magistrate also stated:

“The slanderous remarks directly implicated the involvement of the Sultanah of Terengganu with fugitive businessman Low Taek Jho or Jho Low, who is suspected of being involved in the 1MDB scandal. “This indirectly tarnishes the reputation of the Sultanah of Terengganu in the country’s largest scandal,”

Worryingly, the Magistrate has equated being "disrespectful" with being defamatory for the NST has reported that the Magistrate had found Rewcastle-Brown had been " disrespectful of the country’s royal institution."

The Magistrate maintains this  false finding:

 The specific defamatory content, highlighted on page three, paragraph four, and line seven, was the phrase “the wife of the Sultan,” which was deemed as a deliberate act aimed at tarnishing the reputation of Sultanah Nur Zahirah. Rewcastle-Brown was charged with committing the offence at 8am on Sept 14, 2018, at Lot 60048, Taman Chendering Utama here.

Rewcastle-Brown was never in Terengganu, let alone at the address mentioned. It appears that the false finding is necessary in order to bring the matter within the Terengganu court's jurisdiction. 

REFERENCE 

‘EDITOR’S BOOK DISRESPECTED SULTANAH’
Rahmat Khairulrijal

5 June 2024
New Straits Times



RAHMAT KHAIRULRIJAL rahmat@nst.com.my 

KUALA LUMPUR:

SARAWAK Report editor Clare Rewcastle-Brown’s defamatory statements about the Sultanah of Terengganu, Sultanah Nur Zahirah, in her book about the 1Malaysia Development Bhd (1MDB) scandal, were disrespectful of the country’s royal institution. Terengganu magistrate Nik Mohd Tarmizie Nik Mohd Shukri said Rewcastle-Brown’s action created a negative perception of Sultanah Nur Zahirah and damaged her good name and reputation. He said this in his judgment when sentencing the 65-year-old editor to two years’ imprisonment after finding her guilty of defaming Sultanah Nur Zahirah in her book, The Sarawak Report — The Inside Story of the 1MDB Exposé. “After considering the testimonies provided by the prosecution witnesses, the court is convinced that the slanderous remarks directed at the Sultanah of Terengganu constitute defamation that could tarnish her reputation and good name.

“The slanderous remarks directly implicated the involvement of the Sultanah of Terengganu with fugitive businessman Low Taek Jho or Jho Low, who is suspected of being involved in the 1MDB scandal. “This indirectly tarnishes the reputation of the Sultanah of Terengganu in the country’s largest scandal,” he said in the judgment dated June 2. He said the royal institution holds a special and highest position in the constitution and was highly regarded by the people. “As the trial was conducted in absentia under Section 425A of the Criminal Procedure Code, the court has no alternative, and thus finds the accused guilty and convicts her under Section 500 of the Penal Code from the date of conviction (Feb 7).” 

He said the defendant’s failure to respect the Malaysian legal system by choosing to waive her right to attend the trial was also taken into consideration by the court in imposing the maximum sentence. According to the charge, Rewcastle-Brown, who has a London address in the United Kingdom, wrote the book which contained allegations against the Sultanah of Terengganu. The specific defamatory content, highlighted on page three, paragraph four, and line seven, was the phrase “the wife of the Sultan,” which was deemed as a deliberate act aimed at tarnishing the reputation of Sultanah Nur Zahirah. Rewcastle-Brown was charged with committing the offence at 8am on Sept 14, 2018, at Lot 60048, Taman Chendering Utama here.

( END )

New Straits Times Press (Malaysia) Berhad

Document NSTRAT0020240605ek650000f

Has the Sultanah Of Terengganu created a fissure in the shield that protects Malaysia's royals from being charged for crimes or sued in their personal capacity?

 by Ganesh Sahathevan 

DYMM Sultan Terengganu dan KDYMM Sultanah

The Committee For The Protection Of Journalists and others have reported: 

The Kuala Terengganu Magistrates’ Court ruled in a one-day hearing on Wednesday that Rewcastle Brown criminally defamed Terengganu Sultanah Nur Zahirah, a Malaysian royal, in her book “The Sarawak Report—The Inside Story of the 1MDB Expose.” The ruling was made under Section 500 of the Penal Code, the reports said.

It has been previously reported that the Malaysian royal concerned, the Sultanah Of  Terengganu , caused the matter above to be initiated by lodging , or by causing to be lodged, a police report in her home state.

The above raises an interesting question about the  shield that protects royalty from being charged for crimes or sued in their personal capacity. In Malaysia , the rulers, and arguably their consorts, can only be tried in criminal and civil matters before the Special Court,and then only with the approval of the Attorney General.

Given the Special Court provisions, it would seem unfair if not incongruent that rulers and their consorts  could, on the other hand lodge police reports against anyone without undergoing a similar process. Complainants could for example  be required to appear as witnesses , but given the Special Court provisions  the rulers and their consorts  may well be exempt from being called to provide evidence. The Sultanah in the case above did not appear in court to provide any evidence, and Rewcastle-Brown does appear to have been convicted on the basis of mere hearsay, if not, without any evidence. Defamation, including criminal defamation, is personal to the complainant, so it is difficult to see how the Malaysian court determined the  matter without evidence from the complainant, the Sultanah. 

Has the The Sultanah created a fissure in the shield that protects Her Highness and other royals  so that the Special Court shield provided rulers and their consorts may be ignored when the royal is the complainant, in matters that are brought before the criminal courts, and even civil courts? 

The matter is not trivial for as witnesses royals can be subject to cross-examination under oath , and court processes like discovery.

Complicating matters further in this case is the fact that Sultan Of Terenggannu himself is mentioned in the book, but has not made any sort of complaint. 

TO BE READ WITH 

Monday, October 1, 2018

Sultanah Terengganu may consider herself to be defamed,but what of the Sultan & his sister ,neither of whom have denied their association with Jho Low?

by Ganesh Sahathevan

DYMM Sultan Terengganu dan KDYMM Sultanah

So, the Sultanah Terengganu is of the opinion that her sister- in - law and husband have  “close ties with persons of “questionable character”?

From Her Royal Highness’s learned lawyers:

According to Haaziq, the sultanah came across the passage when reading the book, became extremely distressed and upset, and immediately instructed the palace to lodge a police report.

He added that the royal comptroller carried out the instruction on Sept 14.

The lawyer claimed that the passage implies that the sultanah is involved in corrupt practices, has close ties with persons of “questionable character,” and has influence over the state’s administration.

Though pointing out that the other allegations in the book, especially those relating to 1MDB, are of no concern to him, he stressed that the sultanah has never interfered in government affairs and was never involved in TIA’s establishment.

However,there is this from The Star,which has been in the public domain unchallenged,for quite some time:

However, (Jho Low's)  rise to fame came when he was made special adviser to the Sultan of Terengganu and the-then Yang di-Pertuan Agong Sultan Mizan Zainal Abidin, who was also at that point of time the chairman of the now-defunct Terengganu Investment Authority (TIA). The aim of TIA was to manage the state’s annual oil royalty from Petroliam Nasional Bhd (Petronas).

As well as this:

Q: How did you get to know the Yang di-Pertuan Agong?

A: His Majesty’s sister Tunku Datuk Rahimah introduced us. She is the chairman of Loh & Loh Corporation Bhd, whom I met as a fellow shareholder of Abu Dhabi-Kuwait-Malaysia Investment Corporation (ADKMIC).

END

References

Withdraw S'wak Report book or face RM100m suit, say T’ganu sultanah's lawyers

Koh Jun Lin

Published: 29 Sep 2018, 1:50 pm  |  Modified: 29 Sep 2018, 5:05 pm

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Lawyers representing Terengganu Sultanah Nur Zahirah have demanded that the publisher and printer of The Sarawak Report: The Inside Story of the 1MDB Exposé withdraw the book from further sale and circulation.

Mohd Haaziq Pillay Abdullah said a letter of demand to that effect had been served to publisher Gerakbudaya Enterprise and printer Vinlin Press Sdn Bhd on Sept 27, as well as the book’s author Clare Rewcastle-Brown.

They have eight days from the date of service to comply, Haaziq said, or they would each face a suit demanding RM100 million in damages.

The sultanah’s lawyer said the proceeds of any damages awarded by the court would be donated to charity.

“The sultanah does not want the money, but wants to preserve the reputation of the Terengganu royal household and her position as her royal highness the sultanah,” he told a press conference in Petaling Jaya today.

Haaziq was accompanied by members of his legal team, as well as the royal comptroller of the Terengganu Palace, Mohd Azmi Mohamad Daham.

The lawyer also requested that Rewcastle-Brown, Gerakbudaya, and Vinlin issue a full, written, and unequivocal retraction and apology for the allegedly defamatory statement contained in the book within the eight-day period, as well as undertaking not to repeat the statement.

https://i.malaysiakini.com/1311/40b2d1a01e4c4a2ef50e9a0849691e9e.jpeg

He added that the statement supposedly defamatory to the sultanah is on page 3 of the book, which is part of the book’s prologue.

It reads: "Jho was also friendly with a key player in Terengganu, the wife of the sultan, whose acquiescence was needed to set up the fund and he later cited her support as having been crucial to his obtaining the advisory position.”

The passage refers to the controversial financier Low Taek Jho and the setting up of the Terengganu Investment Authority (TIA), which later became 1MDB when the federal government took over the sovereign wealth fund.

According to Haaziq, the sultanah came across the passage when reading the book, became extremely distressed and upset, and immediately instructed the palace to lodge a police report.

He added that the royal comptroller carried out the instruction on Sept 14.

The lawyer claimed that the passage implies that the sultanah is involved in corrupt practices, has close ties with persons of “questionable character,” and has influence over the state’s administration.

Though pointing out that the other allegations in the book, especially those relating to 1MDB, are of no concern to him, he stressed that the sultanah has never interfered in government affairs and was never involved in TIA’s establishment.

In addition, she never knew Low, nor supported him in obtaining his advisory position in TIA.

“Rewcastle-Brown’s statements are unjustified, baseless, and have aspects of insult,” he said.

'Qualified apology'

As for Rewcastle-Brown’s apology published on her blog on Thursday, Haaziq (photo) said it was a qualified apology rather than the unequivocal apology that the sultanah demands.

https://i.malaysiakini.com/1317/5f95c643d66c7f1980782e735c3aa80a.jpeg

“In our view, it is not an apology. It cannot be an apology.

"It is simple: The arrow as left the bow. This is not the terms of our demand, and I wish to state that this so-called ‘apology’ only came about after we initiated the demand, and it is not an unequivocal apology.

“If you look at it, it is a bit qualified – that if you feel hurt, if you misinterpreted it, I’m sorry. That’s not the way defamation law works,” he said.

Rewcastle-Brown’s statement on Thursday reads: “With regard to the complaint by the sultana(h) of Terengganu, Sarawak Report is happy to clarify that the passage in the book The Sarawak Report does not in any way suggest that the sultanah was 'in a conspiracy' with Low nor 'involved in government administration in the 1MDB affair’ or that the sultanah was in any way personally connected with TIA (of which her husband was chairperson of the advisory board), let alone 1MDB.

"...We suspect this matter has been deliberately misinterpreted to the sultanah by people seeking to cause trouble, and assure her that a careful reading of the short passage should make it clear there is no allegation made against anyone in the Terengganu royal family regarding the 1MDB affair, which took place after any involvement by the state ceased in that fund.

"We are sorry if she has been upset by any misinterpretations of our meaning and trust this clarifies the matter."

Sultanah Terengganu may consider herself to be defamed,but what of the Sultan & his sister ,neither of whom have denied their association with Jho Low?

by Ganesh Sahathevan

DYMM Sultan Terengganu dan KDYMM Sultanah

So, the Sultanah Terengganu is of the opinion that her sister- in - law and husband have  “close ties with persons of “questionable character”?

From Her Royal Highness’s learned lawyers:

According to Haaziq, the sultanah came across the passage when reading the book, became extremely distressed and upset, and immediately instructed the palace to lodge a police report.

He added that the royal comptroller carried out the instruction on Sept 14.

The lawyer claimed that the passage implies that the sultanah is involved in corrupt practices, has close ties with persons of “questionable character,” and has influence over the state’s administration.

Though pointing out that the other allegations in the book, especially those relating to 1MDB, are of no concern to him, he stressed that the sultanah has never interfered in government affairs and was never involved in TIA’s establishment.

However,there is this from The Star,which has been in the public domain unchallenged,for quite some time:

However, (Jho Low's)  rise to fame came when he was made special adviser to the Sultan of Terengganu and the-then Yang di-Pertuan Agong Sultan Mizan Zainal Abidin, who was also at that point of time the chairman of the now-defunct Terengganu Investment Authority (TIA). The aim of TIA was to manage the state’s annual oil royalty from Petroliam Nasional Bhd (Petronas).

As well as this:

Q: How did you get to know the Yang di-Pertuan Agong?

A: His Majesty’s sister Tunku Datuk Rahimah introduced us. She is the chairman of Loh & Loh Corporation Bhd, whom I met as a fellow shareholder of Abu Dhabi-Kuwait-Malaysia Investment Corporation (ADKMIC).

END

References

Withdraw S'wak Report book or face RM100m suit, say T’ganu sultanah's lawyers

Koh Jun Lin

Published: 29 Sep 2018, 1:50 pm  |  Modified: 29 Sep 2018, 5:05 pm

https://i.malaysiakini.com/1317/3755aea2eadf2f72ffecbfade2c35c90.jpeg

https://i.malaysiakini.com/1317/081386c48c1cbb530eb8bb5770a026d3.jpeg

https://i.malaysiakini.com/1317/7451c37db29d065865c8123c17851161.jpeg

   

Lawyers representing Terengganu Sultanah Nur Zahirah have demanded that the publisher and printer of The Sarawak Report: The Inside Story of the 1MDB Exposé withdraw the book from further sale and circulation.

Mohd Haaziq Pillay Abdullah said a letter of demand to that effect had been served to publisher Gerakbudaya Enterprise and printer Vinlin Press Sdn Bhd on Sept 27, as well as the book’s author Clare Rewcastle-Brown.

They have eight days from the date of service to comply, Haaziq said, or they would each face a suit demanding RM100 million in damages.

The sultanah’s lawyer said the proceeds of any damages awarded by the court would be donated to charity.

“The sultanah does not want the money, but wants to preserve the reputation of the Terengganu royal household and her position as her royal highness the sultanah,” he told a press conference in Petaling Jaya today.

Haaziq was accompanied by members of his legal team, as well as the royal comptroller of the Terengganu Palace, Mohd Azmi Mohamad Daham.

The lawyer also requested that Rewcastle-Brown, Gerakbudaya, and Vinlin issue a full, written, and unequivocal retraction and apology for the allegedly defamatory statement contained in the book within the eight-day period, as well as undertaking not to repeat the statement.

https://i.malaysiakini.com/1311/40b2d1a01e4c4a2ef50e9a0849691e9e.jpeg

He added that the statement supposedly defamatory to the sultanah is on page 3 of the book, which is part of the book’s prologue.

It reads: "Jho was also friendly with a key player in Terengganu, the wife of the sultan, whose acquiescence was needed to set up the fund and he later cited her support as having been crucial to his obtaining the advisory position.”

The passage refers to the controversial financier Low Taek Jho and the setting up of the Terengganu Investment Authority (TIA), which later became 1MDB when the federal government took over the sovereign wealth fund.

According to Haaziq, the sultanah came across the passage when reading the book, became extremely distressed and upset, and immediately instructed the palace to lodge a police report.

He added that the royal comptroller carried out the instruction on Sept 14.

The lawyer claimed that the passage implies that the sultanah is involved in corrupt practices, has close ties with persons of “questionable character,” and has influence over the state’s administration.

Though pointing out that the other allegations in the book, especially those relating to 1MDB, are of no concern to him, he stressed that the sultanah has never interfered in government affairs and was never involved in TIA’s establishment.

In addition, she never knew Low, nor supported him in obtaining his advisory position in TIA.

“Rewcastle-Brown’s statements are unjustified, baseless, and have aspects of insult,” he said.

'Qualified apology'

As for Rewcastle-Brown’s apology published on her blog on Thursday, Haaziq (photo) said it was a qualified apology rather than the unequivocal apology that the sultanah demands.

https://i.malaysiakini.com/1317/5f95c643d66c7f1980782e735c3aa80a.jpeg

“In our view, it is not an apology. It cannot be an apology.

"It is simple: The arrow as left the bow. This is not the terms of our demand, and I wish to state that this so-called ‘apology’ only came about after we initiated the demand, and it is not an unequivocal apology.

“If you look at it, it is a bit qualified – that if you feel hurt, if you misinterpreted it, I’m sorry. That’s not the way defamation law works,” he said.

Rewcastle-Brown’s statement on Thursday reads: “With regard to the complaint by the sultana(h) of Terengganu, Sarawak Report is happy to clarify that the passage in the book The Sarawak Report does not in any way suggest that the sultanah was 'in a conspiracy' with Low nor 'involved in government administration in the 1MDB affair’ or that the sultanah was in any way personally connected with TIA (of which her husband was chairperson of the advisory board), let alone 1MDB.

"...We suspect this matter has been deliberately misinterpreted to the sultanah by people seeking to cause trouble, and assure her that a careful reading of the short passage should make it clear there is no allegation made against anyone in the Terengganu royal family regarding the 1MDB affair, which took place after any involvement by the state ceased in that fund.

"We are sorry if she has been upset by any misinterpretations of our meaning and trust this clarifies the matter."

Sultanah Nur Zahirah of Terengganu,among the richest Muslim women in the world: A compliment,or not.....

by Ganesh Sahathevan


TERENGGANU ruler Sultan Mizan Zainal Abidin,estimated to be worth 
USD 15 Billion

 A 2015  article in Pakistan's PARHLO  ranks Her Highness Sultanah Nur Zahirah of Terengganu
at Number 8 among the 10 richest Muslim women in the world. The Sultanah  is  estimated to be worth USD 15 Billion. One would normally consider this a compliment, but Her Highness' USD 75 Million defamation suit against the author and investigative journalist Clare Rewcastle Brown ,for claiming that the Sultan Of Terengganu takes advice from his Queen ,makes one wonder what is what in these confusing times.
Be that all as it may,the PARHLO article does show the Sultanah to be in very rich and beautiful company:



8. SULTANAH NUR ZAHIRAH OF TERENGGANU
(MALAYSIA)

 Source

Sultanah Nur Zahirah of Terengganu is the wife of King Al-Wathiqu Billah Tuanku Mizan Zainal Abidin. Born on December 7th, 1973, Sultanah Nur Zahirah was the 13th queen consort of Malaysia from 2006-2011. Though her family comes from a copious amount of money, Sultanah Nur Zahirah has never revealed the amount her family is worth, however, according to many sources, their worth comes out to about $15 billion.

SUMAENAH RIZVI

JULY 7, 2015

A portion of the wealthiest individuals on the planet are from the middle east, 

and happen to be Muslim. Some earned it, some acquired their wealth, and 

others are hitched to a percentage of the wealthiest men on earth. 

Regardless of how they got rich, below is a rundown of 10 of the 

wealthiest muslim females on the planet:

1. PRINCESS AMEERAH AL TAWEEL

 Source

Princess Ameerah Al Taweel was born on November 6th, 1983. She is married to prince Al Waleed bin Talal, who belongs to a Saudi royal family. Prince Al Waleed is a 58-year-old businessman, and has been ranked the 26th richest man in the world, according to Forbes magazine.

2. QUEEN RANIA OF JORDAN

 Source

Queen Rania of Jordan is the wife of prince Abdullah II. She was born on August 31st, 1970, and her husband, Abdullah II ibn Al-Hussein, is the king of Hashmite Kingdom of Jordan, and ascended throne in 1999. Although King Abdullah II has never been public about his wealth, or how much he is worth, one can assume that he’s not hurting for money, based on him having built the Star Theme park for $1 billion.

3. PRINCESS HAJAH HAFIZAH SURURUL BOLKIAH OF BRUNEI

 Source

Princess Hajah Hafizah Sururul Bolkiah is the daughter of Sultan Bolkiah. She was born on March 12th, 1980, and her father, the Sultan, was voted as the richest person in the world in 1997. Her father owns a Rolls-Royce coated with 24k gold, aside from his other 7,000 cars. He also owns the world’s largest residence, which is a 1,700-room palace. The Sultan also spent $20 million on his daughter’s wedding.

4. HER ROYAL HIGHNESS PRINCESS LALLA SALMA OF MOROCCO

 Source

Princess Lalla Salma was born to a school teacher on May 10th, 1978,  and is the wife of King Muhammed VI. She was the first publically acknowledged queen consort of Morocco, and has two children. Despite being the first lady, Princess Lalla Salma prefers to keep a low profile, and succeeded in doing so. Her husband’s net worth has been reported to be around $2.5 billion.

5. SHEIKHA MAITHA BINT MOHAMMED BIN RASHID AL MAKTOUM OF DUBAI

 Source

Sheikha Maitha won a silver medal in the 2006 Asian Games representing the UAE. She and her family are worth over $40 billion.

6. SHEIKHA HANADI BINT NASSER AL THANI OF QATAR

 Source

Sheikha Hanadi is a real estate entrepreneur, investor, and banker, and one of the most successful women in Qatar’s economy. She is the CEO of Waab City Real Estate development project, as well as a special advisor in Standard Chartered Bank. Additionally, Sheikha Hanadi is the deputy CEO of Nasser bin Khaled Al Thani & Sons Group, and her estimated worth is over $15 billion.

7. PRINCESS FATHIMA KULSUM ZOHAR GODABARI OF SAUDI ARABIA

 Source

Princess Fathima Kulsum Zohar Godabari was once a royal princess, but now officially a queen of Saudi Arabia. She is the wife of Sheikh Avdi Al Muhammad, and belongs to one of richest royal families in the world from Saudi Arabia, which is the richest OPEC nation in the world, with 39% of OPEC oil reserves locally. Because she is always covered up, her beauty is seldom revealed, but some photos of her have been posted publicly.

8. SULTANAH NUR ZAHIRAH OF TERENGGANU (MALAYSIA)

 Source

Sultanah Nur Zahirah of Terengganu is the wife of King Al-Wathiqu Billah Tuanku Mizan Zainal Abidin. Born on December 7th, 1973, Sultanah Nur Zahirah was the 13th queen consort of Malaysia from 2006-2011. Though her family comes from a copious amount of money, Sultanah Nur Zahirah has never revealed the amount her family is worth, however, according to many sources, their worth comes out to about $15 billion.

9. HER ROYAL HIGHNESS PRINCESS HAJAH MAJEEDAH NUURUL BULQIAH OF BRUNEI

 Source

Princess Hajah Majeedah Nuurul Bulqiah of Brunei is the second daughter, and fourth child of the Sultan of Brunei Hassanal Bolkiah. She was born on March 16th, 1976, birthed a son, and in June of 2007, married to Khairul Khalil, who is a noble, as well as an Assistant Executive Officer at the Prime Minister’s office. The Sultan of Brunei, Majeedah’s father, was the richest person in the world in 1997.

10. SHEIKHA MOZAH BINT NASSER AL MISSNED OF QATAR

 Source

The second of three wives of Sheikh Hamad bin Khalifa Al Thani, formed Emir of the state of Qatar, Sheikha Mozah was born in 1959. Sheikh Hamad’s estimated worth is 7 billion GBP. Qatar’s resources, such as natural gas reserves, make it among the countries with the highest per income in the world, making it a hot spot for wealthy men and women of the middle east to live and thrive in.