KUALA LUMPUR (May 28): The High Court has set June 3 to hear Prime Minister Datuk Seri Anwar Ibrahim’s bid to stay (pause) a civil lawsuit filed by Muhammed Yusoff Rawther, who has accused him of sexual assault, while Anwar seeks immunity from the Federal Court for this civil suit.
Anwar and his new legal team Messrs Zain, Megat and Murad want the apex court to rule whether Articles 39, 40, and 43 of the Federal Constitution grant him qualified immunity from a suit filed by Yusoff four years ago, prior to Anwar becoming the PM.
At a case management at the High Court on Wednesday, judge Roz Mawar Rozain set June 3 to hear the application for the stay.
Roz Mawar told counsels in the case management via Zoom that Anwar’s team must show where it states in law that a sitting prime minister is allowed immunity.
Roz Mawar has to make a determination on whether the application by Anwar has crossed the required threshold to be taken up for reference to the Federal Court.
In a statement by Yusoff’s lawyer Rafique Rashid after the case management on Wednesday, the lawyer said that they would obey the instructions of the court and would defend his clients’ right to proceed with the case.
“Access to justice is a human right which is guaranteed in the Federal Constitution,” he said.
Anwar’s lawyer Datuk Megat Abdul Munir Megat Abdullah Rafaie had filed the application earlier this week.
The trial before Roz Mawar was slated to begin on June 16 to 19, and June 23 to 25. It was also scheduled to hear Anwar’s counterclaim against Yusoff.
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.