PUTRAJAYA (July 21): The appellate court has granted a full stay on Muhammed Yusoff Rawther’s sexual assault civil suit against Prime Minister Datuk Seri Anwar Ibrahim.
A three-member panel led by Court of Appeal judge Datuk Che Ruzima Ghazali delivered the unanimous decision, noting "special circumstances" that warranted the pause in the civil suit proceedings.
"This is a stay application, which preserves the status quo of the proceedings at the High Court,” said Che Ruzima. “We find the stay proceeding should be granted as there are special circumstances; mainly the appeal would be rendered nugatory [if a stay is not granted].”
He added that the parties would not be prejudiced by Monday's decision.
The Court of Appeal had previously granted a temporary stay on the matter. Monday's proceedings concern a full stay pending the disposal of Anwar's appeal.
The 77-year-old PKR chief is seeking to pause the trial at the High Court in order to make a referral application to the Federal Court. He wants the country’s top court to determine eight constitutional questions, including whether a sitting prime minister has qualified immunity from civil lawsuits during his tenure.
The High Court had rejected the application in June, saying that constitutional questions raised in the application were “speculative” and contained no “genuine constitutional controversies” for it to be referred to the Federal Court.
In denying the application, judge Roz Mawar Rozain stressed that all were equal before the law and that the executive body was not immune from personal, civil liability.
She also denied a stay application following the decision, on the grounds that there are no special circumstances to grant any stay in proceedings.
Anwar is appealing the High Court decision, and case management is set for Sept 2. On Monday, judge Che Ruzima also said that parties can write in to the court seeking an earlier hearing date, should they wish to do so.
The other members of the panel on Monday were Court of Appeal judges Datuk Wong Kian Kheong and Datuk Lim Hock Leng.
During proceedings on Monday, Anwar was represented by Alan Wong while Yusoff was represented by Rafique Rashid.
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