KUALA LUMPUR (May 27): Prime Minister Datuk Seri Anwar Ibrahim is asking the High Court to pause (or stay) a civil lawsuit filed by Muhammed Yusoff Rawther, who has accused him of sexual assault.
Anwar’s legal team wants to bring the issue to the Federal Court first. They argue that there are important constitutional questions to answer — mainly, whether a sitting prime minister can be involved in a civil case that might harm his ability to lead the country.
If the court agrees to pause the case and refer it to the Federal Court, the civil trial could be delayed while these constitutional questions are settled.
The trial at the High Court was slated to hear the matter from June 16 to 19, and June 23 to 25. It will also hear Anwar’s counterclaim against Yusoff. The presiding judge is Roz Mawar Rozain.
A case management will be held on Wednesday (May 28) before Roz Mawar about the constitutional questions, and a date may be set to hear the application for leave to be granted or denied.
Anwar has also changed his solicitors to Messrs Zain, Megat and Murad, replacing Jeffrey Lee, Navpreet Singh and Ranjit Singh.
An affidavit in support of the stay filed to the court by Anwar’s new lawyer, Datuk Megat Abdul Munir Megat Abdullah Rafaie, says that Anwar has constitutional questions to be posed to the Federal Court.
Some of the questions include:
1. Does a sitting prime minister have some legal protection under the Constitution from being sued in a civil case for something that allegedly happened before he took office, if the lawsuit could affect his ability to do his job, or upset the balance of power between the government and the courts?
2. Whether the High Court, in allowing a civil suit against a sitting prime minister, where he has raised a credible plea of abuse of process (including allegations of politically motivated reputational sabotage and a manufactured claim), violates the constitutional guarantee of equality before the law under Article 8(1).
3. Whether the Federal Constitution, by necessary implication, requires courts to conduct a threshold inquiry prior to trial, into whether a civil suit against a sitting prime minister (based on pre-office conduct) constitutes an abuse of process, or a threat to public interest, and if so, whether such proceedings must be stayed or dismissed to preserve constitutional governance.
4. Whether the courts are constitutionally obliged under Article 5(1), read in light of the principle of due process and natural justice, to protect a public officeholder’s liberty and dignity from litigation that may impair the ability to discharge public duties, where no criminal guilt has been established.
Megat further claimed in the affidavit that while the claim was filed in 2018, before Anwar was prime minister, Yusoff continues to pursue the claim during Anwar’s tenure, which raises the constitutional questions as stated above.
“However, this civil claim is actively being prosecuted at present during the defendant’s tenure as prime minister of Malaysia, thereby giving rise to serious constitutional implications regarding the intersection of private rights, institutional stability, and the protection of core constitutional values,” the defence lawyer said.
Megat said that constitutional questions raise serious and substantive constitutional issues concerning the functional independence of the Executive branch of the government, the doctrine of separation of powers, the scope of the Federal Constitution in Article 8(1) (equal protection), and the guarantees under Article 5(1)(liberty and dignity).
“…especially when a prime minister faces reputational and operational harm through a politically-timed private civil suit,” he said.
Megat said that if Anwar’s questions to the Federal Court are not scrutinised at an early stage, it may undermine public confidence, degrade the dignity of constitutional office, and disrupt the government’s Executive branch of its ability to discharge its constitutional responsibilities without undue interference.
Yusoff, a 31-year-old ex-aide to Anwar, filed his civil suit in July 2021, in which he alleges that Anwar had sexually assaulted him on Oct 2, 2018, in Anwar’s residence in Segambut, Kuala Lumpur.
Yusoff claims that following his police report on the matter, he was accused of plotting to bring down Anwar and damage the Parti Keadilan Rakyat president’s political career. He claims that the alleged sexual assault and the accusation against him have affected his mental health.
As such, Yusoff is seeking from Anwar, special, general, aggravated, and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
Yusoff is also facing an ongoing criminal trial for allegedly trafficking 305 grammes of cannabis, and with alleged possession of imitation pistols. He was charged separately late last year for the two offences, and has pleaded not guilty to both.
The drug charge, which is framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, is punishable under Section 39B(2) of the same Act, which carries a life sentence and also whipping of not less than 12 lashes, if convicted.
The possession of fake pistols is framed under Section 36(1) of the Arms Act 1960. If found guilty, Yusoff faces a maximum imprisonment term of one year, or a maximum fine of up to RM5,000, or both.