KUALA LUMPUR (June 4): The High Court has rejected Prime Minister Datuk Seri Anwar Ibrahim’s bid to refer legal questions to the Federal Court on whether a sitting prime minister has qualified immunity from civil lawsuits during his tenure.
With this decision, the sexual assault trial involving his former aide Muhammed Yusoff Rawther will proceed as scheduled on June 16.
High Court judge Roz Mawar Rozain said the application filed in relation to Yusoff's sexual assault suit against him failed to meet the threshold to refer the questions to the country's top court.
"From a judicial perspective, the proposed questions lack genuine constitutional controversy. [...] The questions posed are speculative, not necessary to the disposal of this case and do not concern the interpretation or validity of any constitutional provision," she said.
The court also awarded RM20,000 costs to Yusoff.
Anwar’s lawyer Alan Wong made an oral application for a stay of Yusoff's trial to allow time for an appeal, but Roz Mawar denied it, saying there were no special reasons to delay the trial.
Speaking to the press after the proceedings, Anwar's counsel said they will file for an appeal immediately, with a certificate of urgency. They will also request a stay.
Anwar was seeking to refer eight questions of law to the Federal Court in total. The PKR chief's lawyers argued that these questions touch on novel issues which have yet to have any express determination.
Yusoff's counsels countered that the questions of law raised did not have direct bearing to the matter in dispute. They also argued that this was a private law claim between two individuals and had nothing to do with the office of the prime minister per say.
Anwar's 11th-hour application, filed on May 23, was merely three weeks before the trial.
Yusoff, now 32, filed a civil suit against Anwar in July 2021, alleging he was sexually assaulted at Anwar’s Segambut home on Oct 2, 2018.
He claims that after filing a police report, he was accused of trying to ruin Anwar’s political career, which affected his mental health.
Yusoff is seeking various damages and other relief. Anwar, 77, has denied the allegations and filed a countersuit.
In this case, Anwar is represented by Messrs Zain, Megat and Murad while Muhammad Yusoff is represented by Law Practice of Rafique.
Yusoff's civil suit comes after he made a statutory declaration and a police report over the incident in 2019. In January 2020, the Attorney General’s Chambers said it would not pursue the matter.