KUALA LUMPUR (May 7): Muhammed Yusoff Rawther’s bid to get his polygraph report from the police in order to aid his sexual assault suit against now Prime Minister Datuk Seri Anwar Ibrahim has been dismissed.
High Court judge Dr John Lee Kien How @ Mohd Johan Lee dismissed the 31 year-old’s application on the grounds that Muhammed Yusoff had not clearly elaborated on why the document was relevant or needed in the disposal of his civil case.
“A mere statement that it is relevant or necessary is insufficient [...] The application is unnecessary and will not assist in the fair disposal of the trial. It is also part of the investigation paper and thus a privileged document,” Mohd Johan said in delivering his decision on Tuesday.
Mohd Johan also noted that a polygraph test report is not deemed to be reliable “in most, if not all” jurisdictions. Therefore, allowing the application would “only create more uncertainty” instead of assisting the court.
“I have to agree with the third parties that if this practice is allowed now, it would open the floodgates and become a trend by claimants out there to use the help of the police force to establish their private action in the civil courts. This must not be condoned,” he said.
Mohd Johan also noted that as averred by the investigating officer, the polygraph test is part of police investigation and protected under the law.
“Simply put, it is not for public consumption,” the judge said.
The court awarded a cost of RM5,000 to be paid to the police.
Muhammad Yusoff’s application is in relation to his ongoing suit against his former boss Anwar, over an alleged sexual assault that happened in 2018.
In a bid to further support his civil case, the former research assistant had filed a discovery application against the police for the polygraph test, conducted in December 2019.
Both Anwar and the police had objected to the application.
Lawyer Navpreet Singh appeared for Anwar, while Attorney General’s Chambers (AGC) deputy head of the civil division II Mohammad Al Saifi Hashim appeared for the police. Muhammed Yusoff was represented by Mohd Haniff Khatri Abdulla.
According to the suit filed in July 2021, Muhammed Yusoff alleged that the incident took place on Oct 2, 2018 in Anwar’s residence in Segambut, Kuala Lumpur.
Muhammed Yusoff claimed that following his police report on the matter, he was accused of plotting to bring Anwar down and damage the Parti Keadilan Rakyat (PKR) president’s political career. The alleged sexual assault and the accusation have allegedly affected his (Muhammed Yusoff’s) mental health.
As such, he is seeking from Anwar, special, general, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
Anwar, meanwhile, has denied the claim and filed a countersuit.
Muhammed Yusoff’s civil suit comes after he made a statutory declaration and a police report over the incident in 2019.
In January 2020, the AGC said it would not press charges against Anwar.