KUALA LUMPUR (June 18): Muhammed Yusoff Rawther, who is suing Prime Minister Datuk Seri Anwar Ibrahim for alleged sexual assault via a civil suit, is asking for Anwar’s stay application hearing at the Court of Appeal, scheduled for July 21, to be changed to instead hear Anwar’s appeal for his constitutional questions regarding the immunity from civil cases of a sitting prime minister to be put to the Federal Court. Anwar’s initial application at the High Court had been rejected on June 3.
Lawyers for Yusoff, who had been Anwar’s research officer, have written a letter on behalf of their client to Court of Appeal president Tan Sri Abang Iskandar Abang Hashim to put forward his request.
In a letter dated Wednesday (June 18), Rafique Rashid Ali from Messrs The Law Practice of Rafique said that since the grounds of High Court judge Roz Mawar Rozain’s decision had already been provided after she had rejected the eight questions of law posed to the Federal Court over the constitutionality of the immunity of the Prime Minister’s Office facing civil suit, the appeal hearing of the stay can be transformed to a proper hearing of the appeal.
“The firm writes this application for Abang Iskandar’s consideration as Court of Appeal President, that the scheduled hearing on July 21 be changed to a full hearing of the appeal proper.
“This follows all the cause papers and the grounds of the decision had been prepared by (both) parties. The lawyers had previously argued over this matter. Hence, it is appropriate if you (Abang Iskandar) agree that case management should be fixed for the preparation of the appeal records and memorandum of appeal, so that the hearing on July 21 be changed to a proper hearing of the appeal and be disposed of,” the letter said.
The law firm added that this would save costs and judicial time.
“For this reason, we hope that a bench could be empanelled to hear this (Anwar’s) appeal,” Yusoff’s lawyer said.
The letter is posed to Abang Iskandar as the President of the Court of Appeal, who empanels judges hearing cases at the appellate court.
However, it is to be noted that unless his term is extended for another six months — as allowed for under the Federal Constitution — Abang Iskandar is scheduled to retire in early July.
On June 3, Roz Mawar had dismissed Anwar’s application to refer the eight constitutional questions posed, ruling that they did not pass the threshold to refer them to the apex 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.
Roz Mawar also refused to grant a stay of the hearing, which was initially scheduled to begin on Monday (June 16), for the trial in the purported sexual assault civil suit to begin.
However, on June 10, Anwar’s lawyers had successfully obtained an interim stay at the Court of Appeal, where the bench fixed July 21 for the hearing of a permanent stay. As a result, the hearing of the suit has been postponed, and a case management date has been set for Sept 30 before Roz Mawar.