EPISODES / Dramatis Personæ: Who's Who of Clare Brown

PUZZLING QUESTIONS | UPDATED AUGUST 17

Clare Rewcastle Brown doesn't actually give much out about details of her past, even present life, except in vague terms. These are then frequently punctuated and littered with controversies, names of individuals and/or issues that she would later expand at length, leaving the listener gaping in awe at her passion.

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RELATED (1-2)
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[1: FOCUS / CLARE'S CONTRADICTIONS–THE FORKING OF THE TONGUE – "After finishing university in London, [Clare Rewcastle Brown] went into journalism, spending most of her career at the BBC World Service. But she seized every opportunity to return to Sarawak, a place that never quite let her go." - Foreign Policy, March 13, 2013]~[2: FOCUS / CLARE'S CONTRADICTIONS–THE FORKING OF THE TONGUE – "I have happy childhood memories of Sarawak. I didn’t return until I’d grown up and established myself in a completely different world [back in the UK], but I’d always followed what was happening in Borneo. By the time I came back in 2006—ironically because I’d been asked to take part in an environmental conference that [Tun Abdul] Taib [Mahmud] was holding at the time—" - Clare Rewcastle Brown - Esquire Malaysia, July 21, 2015]

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Hence, in the process of piecing together - and getting to know - the real Clare Brown from the frugal amount of legally available data out there, the NINE QUESTIONS Blog will filter out other irrelevant references and attempt to give the nearly hidden details she is sharing with us the prominence it deserves.

TOPIC / WITHY KING, LLP ON DEFAMATION & MALICIOUS FALSEHOODS - DISPUTE RESOLUTION

TOPIC REPRODUCES MATTERS AND DISCUSSIONS OF INTEREST FROM THE TREASURE TROVE OF PUBLICLY ACCESSIBLE SITES AROUND THE WEB WITHOUT PANEL COMMENTARY

WITHY KING LLP. 
Defamation & malicious falsehoods 
Dispute Resolution

What is defamation? 

Defamation occurs when a statement is published to a third party which serves to lower and damage the reputation of an individual, company or firm. Defamation can be in the form of libel or slander.  

Libel is the publication of defamatory words in permanent form, which ordinarily is through the written word, but also includes broadcast on television or radio and publication through images. Slander is the publication of defamatory words in transient form which ordinarily means oral publication. 

What is malicious falsehood? 

Malicious falsehoods are published statements which are false without necessarily being defamatory. In order to prove malicious falsehood, a claimant will need to prove that: 

• the words are false. 

• the words were published maliciously. 

• the words published have caused special damage or financial loss to the claimant.  

A common situation where malicious falsehood arises is in respect of trade disputes between rival businesses where adverse comparisons have been made regarding the quality of goods. 

CURRENT / CLARE'S OFFICIAL STATEMENT ON THE WARRANT OF HER ARREST

THE FOLLOWING IS A REPRODUCTION OF SARAWAK REPORT'S OFFICIAL STATEMENT MADE ON THE "TALKBACK" COMMENTS SECTION FOR MALAYSIAKINI'S ANNOUNCEMENT OF THE ARREST, REPOSTED ON THE SAID BLOG. 

REPRODUCED HERE FOR DATA GATHERING AND FUTURE REFERENCE.

Arrest warrant for S'wak Report editor

"Police have obtained an arrest warrant for Sarawak Report editor Clare Rewcastle Brown, who has been accused of being part of a conspiracy to topple Prime Minister Najib Abdul Razak.

"The warrant is in connection with offences allegedly committed under Section 124B and 124I of the Penal Code.

"In a brief statement this evening, CID director Mohmad Salleh said the police would also proceed with applications to place her on the Aseanapol wanted list as well as the Interpol red notice. 

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[RELATED: BREAKING / INTERPOL SAYS NO TO MALAYSIA'S RED NOTICE REQUEST – Sources, August 29, 2015] 

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CURRENT / THE CHARGES AGAINST CLARE

THE PENAL CODE ARTICLES 124B AND 124I - AT A GLANCE

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LAWS OF MALAYSIA

ACT A1430

PENAL CODE (AMENDMENT) 2012

124B. and 124I.

6. The Code is amended by inserting after section 124A the following sections:
 


“Activity detrimental to parliamentary democracy

124B. Whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to twenty years.

Dissemination of false reports

124I. Any person who, by word of mouth or in writing or in any newspaper, periodical, book circular, or other printed publication or by any other means including electronic means spreads false reports or makes false statements likely to cause public alarm, shall be punished with imprisonment for a term which may extend to five years.

(e-Federal Gazette - Laws of Malaysia, Act A1430, Penal Code (Amended) 2012)

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BREAKING / ARREST WARRANT OBTAINED FOR CLARE REWCASTLE BROWN

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1.

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PRESS STATEMENT FROM THE HOME MINISTER OF MALAYSIA
Scroll down for translation and press statement from the Royal Malaysia Police.

EPISODES / Prima Facie - The Name of the Game

OF BURDENS AND PROOFS


For the uninitiated, prima facie is the Latin term used by the legal fraternity for “a fact presumed to be true unless it is disproved”, and that “the plaintiff must produce enough evidence on all elements of the claim to support the claim and shift the burden of evidence production to the respondent”.

In other words, for an accusation to satisfy the prima facie condition, every aspect of that accusation must be amply presented.