Sarawak Report editor, Clare Rewcastle-Brown, who was sentenced to two years’ jail in absentia by the Magistrate’s Court today is appealing against her sentence and conviction.
Her lawyer, Guok Ngek Seong, said he had received instructions from Rewcastle-Brown to file an appeal in the High Court and at the same time urged the judge to invoke his revisionary power to correct what was said as grossly illegal and irregular order.
Guok said the application will be filed tomorrow as the magistrate’s decision violates Section 425A (1) of the Criminal Procedure Code, FMT reported.
The lawyer also said the prosecution did not produce Rewcastle-Brown in court in September 2021 and that she was charged in absentia.
“The police knew her whereabouts in London but did not take steps to bring her to Malaysia.
“The trial of accused persons could only proceed in their absence if they had absconded after claiming trial.
“The accused then shall be deemed to have waived his right to be present at the trial.”
Rewcastle-Brown sentence today came after the verdict was issued by Magistrate Nik Mohd Tarmizie Nik Mohd Shukri after the 65-year-old was found guilty of the offence.
Nik Mohd Tarmizie ordered the sentence to run from today.
The court had previously issued an arrest warrant for Rewcastle-Brown for failing to attend the charge proceedings.
The trial was conducted in absentia under Section 425A of the Criminal Procedure Code.
Earlier report:
Feb 7, Clare Rewcastle-Brown jailed two years for defaming Terengganu Sultanah