KUALA LUMPUR: The High Court will rule on Feb 10 whether to allow an application by a former special officer to former attorney-general Mohamed Apandi Ali to remove certain paragraphs in the defence of Sarawak Report editor Clare Rewcastle Brown, who is facing a defamation suit.
Lawyer David Gurupatham, who is appearing for Mabel Sheila Muttiah, said parties made submissions online before judge Azimah Omar last week.
The application to expunge several paragraphs was made as Rewcastle Brown did not produce a number of documents to the plaintiff (Mabel) as directed by the court.
On Feb 10, 2020, Azimah allowed Mabel’s discovery application, meaning Rewcastle Brown had to hand over the documents to the plaintiff.
Gurupatham, who was assisted by Venothani Rajagopal, said the judge last year fixed a four-day trial from Jan 10, but it was vacated to first dispose of the application to remove a few paragraphs from Rewcastle Brown’s defence.
“On Feb 10, the judge will also fix a new trial date after delivering her ruling,” Guruptham told FMT when asked for an update on the case.
Lawyer TH Liew and Angelene Tan are appearing for the journalist, who is based in London.
In July 2019, Mabel filed a RM100 million suit, stating that she had to seek legal redress as “a very serious allegation is levelled against a member of the administration of justice”.
In the statement of claim filed by Mabel, now a sessions court judge, she is asking for damages as well as a mandatory order for Rewcastle Brown to remove a posting from the website.
The Sarawak Report article titled “How AG’s Office connived to prevent a second post-mortem on Kevin Morais – exclusive expose”, had alleged that Mabel had sent texts to the family members of the late deputy public prosecutor urging them to expedite the cremation of his remains to prevent a second post-mortem.
Morais’ remains were found in a steel drum after he was kidnapped from his car on the way to work in September 2015.
A former army doctor and five o
thers were sentenced to death in July 2020 after they were found guilty of his murder.
Sources by: Click Here