Deputy public prosecutor Engku Ahmad Rashidi Abdillah, who is also the Terengganu state director of prosecution, told Justice Hassan Abdul Ghani that the appellant was absent despite the court issuing an order on May 7 for her to be present today.
Lawyer Guok Ngek Seong, appearing for Rewcastle Brown, informed the judge that he had filed submissions to address his client’s non-appearance, together with a petition of appeal.
“However, I am ready to proceed with my oral submissions,” Guok said.
Hassan then said the matter could be ventilated after the High Court receives the full set of the record of appeal from the magistrate.
The High Court has yet to receive the notes of evidence recorded by the magistrate and exhibits tendered in the lower court.
The judge then set the appeal for further case management on July 21.
Earlier this week, Guok filed a petition of appeal to show errors the magistrate had committed in arriving at his ruling on Feb 7 that Rewcastle Brown was guilty of criminal defamation.
In the petition signed by Guok, he contended that magistrate Nik Mohd Tarmizie Nik Mohd Shukri had breached several provisions in the Criminal Procedure Code (CPC).
He also said that “a miscarriage of justice” had occurred in the case.
Guok said the magistrate’s invocation of Section 425A of the CPC was a total violation of the basic and cardinal rule of criminal justice.
He said that Section 425A required an accused to be brought before the court and charged first. The section only applies if the accused subsequently absconds, he added.
Guok also said the authorities had not made any effort to secure Rewcastle Brown’s extradition from the UK, where she currently resides, to face the charge.
The British national was charged in absentia in court in September 2021.
Rewcastle Brown was also convicted in her absence of defaming the sultanah for a statement contained in her book entitled “The Sarawak Report: The Inside Story of the 1MDB Expose”.
The act was said to have been committed in Kuala Terengganu on Sept 14, 2018.