IN THE HIGH COURT OF JUSTICE Claim No.

HQ17M01386
QUEENS BENCH DIVISION
MEDIA AND COMMUNICATIONS LIST

BETWEEN
HONOURABLE ABDUL HADI AWANG MP
Claimant
and

CLARE REWCASTLE BROWN

Defendant

___________________________________________________
SUMMARY OF THE DEFENCE AND COUNTERCLAIM
pursuant to PD16 to Part 16 of the Civil Procedure Rules
___________________________________________________

SUMMARY OF THE DEFENCE

1. The Claimant claims in respect of the publication of a political commentary

written by the Defendant and published by her on the Sarawak Report website
from 6 August 2016 and by being sent by email to subscribers to Sarawak report
in England and Wales, Singapore and Malaysia. The words complained of appear
at the end of the article, in its final eight, short paragraphs. They refer to the
political party PAS and to the top echelons of that political party. The
Claimant is neither named nor identified as being the object of any statements
made in the article.

Reference

2. The Claimants case that the words complained of were reasonably understood
to refer to him is denied. The Claimant could not reasonably be understood to
be referred to. Affording the Claimant a cause of action as a person referred to
by the said words would be a disproportionate, unnecessary and unjustified
 interference and inhibition of the Defendants and the publics rights to
freedom of expression pursuant to Article 10 and particularly the exercise of
those rights in the free discussion of political matters.

Meaning

3. The Defendant denies that the words complained of could be understood to

bear either the defamatory meaning concerning the Claimant for which he
contends or, indeed, any defamatory meaning concerning him.

Serious harm

4. Section 1 of the Defamation Act 2013 requires that it be proved that

publication of the statements complained of has caused or is likely to cause
serious harm to the reputation of the Claimant. The Defendant denies that such
harm has been caused or is likely to be caused by the publication of which the
Claimant complains

An illegitimate, politically motivated claim

5. Contrary to the Claimants professed purpose in bringing these proceedings, the

Defendant will contend that his purpose and intention has not been the
legitimate one of correcting and protecting himself from serious harm to his
reputation but for the illegitimate purposes of protecting the reputations and
advancing the political purposes of the PAS party and his political ally,
Malaysias corrupt and corrupting Prime Minister, Najib Razak.

Publication in the public interest

6. The Defendant also relies on the defence available to her pursuant to s.4 of the
Defamation Act 2013.

7. The statements in the Article of which the Claimant complains were, or were
part of, statements on matters of the greatest possible public interest, namely
the corrupt and criminal history and activity and corrupting conduct and
influence on the government and political and judicial processes of Malaysia
and fitness for office of that countrys Prime Minister, Najib Razak.
8. Having regard to all the facts and matters set out in paragraphs 25.1 to 25.102
of the Defence and (as required by s.4(2) of the Act) all the circumstances of
the case, it was entirely reasonable for the Defendant to believe that her
publication of the Article including the statements complained of was in the
public interest. The Defendant will contend that to find to the contrary would
constitute an illegitimate interference with her and the publics Article 10
rights wholly disproportionate to any countervailing need to protect or
vindicate the Claimants reputation rights.

Truth

9. The Defendant also relies on the defence of Truth available to her pursuant to
s.2 of the Defamation Act 2013.

10. If and in so far as the words complained of were reasonably understood to

convey an imputation defamatory of the Claimant, that imputation is
substantially true. The Defendant will prove that as the President of the
political party PAS the Claimant has knowingly allowed that party to be
compromised and corrupted morally and politically and the democratic process
to be undermined by senior party personnel accepting and personally
benefitting from enormous secret payments of money from the corrupt Prime
Minister of Malaysia Najib Razak, paid to undermine and draw PAS away from
the Opposition coalition.

11. In the premises the Claimant is not entitled to damages as sought, whether
aggravated or at all. Nor is he entitled to injunctive relief.

SUMMARY OF THE COUNTERCLAIM

12. The Claimant has colluded with the Malaysian government of Najib Razak and
their agents to exploit these proceedings as part of their propaganda efforts to
exonerate Najib Razak and disable and discredit the Defendant and Sarawak
Report in its justified campaign that Najib Razak be removed from office and
brought to justice for his corrupt and criminal conduct.
13. The Claimant, whether himself or by his agents, has either been party to the
publication of a series of articles viciously and racially abusing, defaming and
harassing the Defendant on The Third Force website and on the Malaysia Today
 website, or has aided and/or abetted and/or counselled and/or procured those
publications by passing information concerning these proceedings to those
agents of the Malaysian government of Najib Razak.

14. Those publications amount to harassment, proscribed by s.1(1) of the

Protection from Harassment Act 1997. Pursuant to s.3 of that Act, the
Defendant claims damages for the severe stress, anxiety and distress caused
her by those publications and an injunction restraining the Claimant from
further harassment of the Defendant.

HARVEY STARTE

STATEMENT OF TRUTH
I believe that the facts stated in these Particulars of Claim are true.

Date ...

Served this day of 2017 by Reynolds Porter Chamberlain LLP