PUTRAJAYA: The Federal Court has dismissed a leave application to appeal by Sarawak Report editor Clare Rewcastle-Brown in her bid to set aside the Court of Appeal decision that found her liable for defaming the Sultanah of Terengganu Sultanah Nur Zahirah in her book.

A three-judge panel chaired by Justice P. Nallini unanimously ruled that Rewcastle-Brown had failed to meet the threshold of novelty or public importance in her application.

She said a complex linguistic and grammatical analysis was conducted in the case, which was contrary to the established and straightforward approach for determining whether the words were defamatory.

“The sense or meaning in which the words were understood by the plaintiff (Rewcastle-Brown) who is the respondent (in the suit) here, is not relevant.

“Accordingly, this is not a question of law of novelty or public importance that requires ventilation in this court," Justice Nallini said.

The court noted that Rewcastle-Brown's book contained an important basis for the 1Malaysia Development Berhad (1MDB) expose and that the defamatory excerpt was part of the book.

"While the significance of the book cannot be underplayed, it does not and cannot provide immunity to the author where there is defamation of a third party.

“In that context, all parties are equal before the law and are subject to equal treatment by the courts,” the judge said.

https://www.thestar.com.my/news/nation/2024/09/10/federal-court-dismisses-leave-application-by-clare-rewcastle-brown