Malaysia: In Absentia Prison Sentence for British Journalist Clare Rewcastle-Brown
The London-based reporter, who unveiled the 1MDB corruption scandal, is handed a two-year prison sentence for defamation
Location: Malaysia, Terengganu
Date: February 7, 2024
The sentencing of Clare Rewcastle-Brown by a Malay court to two years in prison in absentia, for defaming the queen consort Sultanah Nur Zahirah of Terengganu, is deeply troubling. Brown's pivotal role in uncovering corruption within Malaysia's political echelons makes the severity of her punishment suspect, hinting at a blatant attempt to stifle journalistic scrutiny. Such egregious acts not only erode democratic values but also cast a chilling shadow over independent journalism. The Coalition For Women In Journalism and Women Press Freedom is outraged by the court’s ruling and vehemently condemns the decision to impose a prison sentence. We are also deeply concerned that Brown and her legal team were given no information about the hearing, leaving them unable to present a defense. The court must rectify its unjust decision immediately and overturn its conviction.
On February 7, 2024, Clare Rewcastle-Brown, the award-winning editor of Sarawak Report, was handed a two-year imprisonment sentence in absentia by the Terengganu Magistrate's Court.
The verdict stemmed from defamation charges brought against her by Sultanah Nur Zahirah of Terengganu regarding her book, "The Sarawak Report - The Inside Story of the 1MDB Exposé." Brown, who resides in London, was convicted for allegedly defaming Sultanah Nur Zahirah, implicating her in corrupt activities related to the 1MDB scandal.
Brown and her lawyer reacted to the court’s decision with astonishment. They noted that the verdict came as a shock, as Brown or her legal representatives were not notified of the hearing, summons, or information prior to the hearing.
Guok Ngek Seong, the Sarawak Report editor’s lawyer, says her conviction is a clear violation of the criminal procedure code as there was no opportunity for Brown to present a defense. He contends that under Malaysian law, a magistrate cannot impose a sentence of imprisonment in the absence of the accused. Guok called “for the illegal and irregular decision of the court to be set aside.”
Brown plans to appeal the conviction. Her lawyer says he has received instructions from the journalist to file an appeal in the High Court.
Clare Rewcastle-Brown's investigative work on the 1MDB scandal has been globally recognized. Her dedication to uncovering corruption involving Malaysian public funds, implicating high-profile figures, including Prime Minister Najib Razak, has sparked international investigations and earned her numerous awards and accolades.
Sultanah Nur Zahirah is the consort of the Sultan of Terengganu, a state in Malaysia. As the queen consort, she holds a significant position in the royal family of Terengganu. In 2018, the Sultanah filed the suit against Brown. She claimed that the journalist made defamatory claims about her, insinuating that she was involved in corrupt practices and had meddled in the Terengganu state government's administrative affairs. Zahirah says Brown’s book also claimed she had used her status to influence the establishment of the Terengganu Investment Authority (TIA), which was later known as 1Malaysia Development Bhd (1MDB). The suit claimed that the allegations in the book meant that the Sultanah had played a role in helping fugitive financier Low Taek Jho, better known as Jho Low, become an advisor to TIA. In 2021, Malay authorities issued an arrest warrant for Brown in relation to the case.
Although press freedom is theoretically guaranteed in Malaysia by article 10 of the constitution, which provides for free expression — the government applies significant political pressure to discourage media coverage of sensitive topics and to silence criticism of politicians and officials. Discussion or reporting critical of the monarchy is prohibited, with severe penalties imposed, fostering widespread self-censorship on the matter.
The sentencing of Clare Rewcastle-Brown is a grave violation of press freedom and highlights the challenges faced by journalists who dare to expose corruption and hold power to account. The Coalition For Women In Journalism and Women Press Freedom stands in solidarity with Brown and calls for the immediate overturning of this unjust verdict.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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