New Judge Assigned To Hear Rm100mil Libel Suit Against Rewcastle Brown

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Clare Rewcastle Brown alleged that Mabel Sheila Muttiah told family members of deceased DPP Kevin Morais to cremate his remains to avoid a second post-mortem. (AFP pic)KUALA LUMPUR: A new trial judge will hear the RM100 million defamation suit brought by Mabel Sheila Muttiah, a former special officer to former attorney-general Apandi Ali, against Clare Rewcastle Brown four years ago.
Lawyer Guok Ngek Seong said judicial commissioner Raja Ahmad Mohzanuddin Shah Raja Mohzan has been assigned to replace justice Azimah Omar, who has been transferred.
“A five-day trial from Aug 14 as fixed earlier is maintained,” he told FMT after the conclusion of case management before Raja Ahmad Mohzanuddin which was conducted online earlier today.
Guok, who is representing Rewcastle Brown, said parties today have also finalised the number of paragraphs that are to be retained in his client’s defence.
On March 23 last year, Azimah had allowed Mabel’s application to remove certain paragraphs of the defence which Rewcastle Brown filed over the lawsuit.
The application to expunge several paragraphs was made after Rewcastle Brown failed to deliver a number of documents to Mabel as directed by the court.
Guok said Raja Ahmad Mohzanuddin also directed parties to file all pre-trial documents by March 5 and set another case management for the following day.
Lawyer Venothani Rajagopal, who appeared for Mabel, confirmed the outcome of today’s proceedings.
Mabel filed the suit in July 2019 against the London-based Sarawak Report editor.
Mabel, who is now a sessions court judge, is asking for damages as well as a mandatory order for the defendant to remove an article from her website.
Rewcastle Brown is relying on the defence of justification and qualified privilege to defeat the suit.
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 family members of the late deputy public prosecutor urging them to expedite the cremation of his remains to avoid 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 others were sentenced to death in July 2020 after they were found guilty of his murder.
The case is pending appeal before the Court of Appeal. - FMT

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