Opposition MPs seek to observe PM's reference application court proceedings

Free Malaysia Today

3 days ago

Lawyers Azhar Azizan Harun, Takiyuddin Hassan and Zulkifli Noordin have been nominated to attend the High Court proceedings.
KUALA LUMPUR : Three opposition MPs have applied for their lawyers to be allowed to observe High Court proceedings on Tuesday, as Prime Minister Anwar Ibrahim's counsel argues to refer eight questions of law to the Federal Court for determination, including whether he has immunity from a civil suit scheduled for trial in two weeks.
A letter dated today to Justice Roz Mawar Rozain's secretary by legal firm Wan Jawahir & Takiyuddin, sighted by FMT, showed that the application was jointly made by MPs Hamzah Zainudin (Larut), Ahmad Samsuri Mokhtar (Kemaman) and Ronald Kiandee (Beluran).
It said the three MPs were interested parties, as the constitutional issues to be ventilated in court would also be raised in the Dewan Rakyat.
'We request that our lawyers be allowed to be present throughout the proceedings as observers to represent the MPs,' the letter said.
Lawyers Azhar Azizan Harun, Takiyuddin Hassan and Zulkifli Noordin have been nominated to attend the proceedings.
Lawyer Rafique Rashid Ali, who is appearing for former research assistant Yusoff Rawther in response to Anwar's application, said he had been extended a copy of the letter.
'I believe they want the status of amicus curiae (friend of the court) and would want to submit if the judge extends an invitation,' he said.
The parties will appear before the judge at 2.30pm on Tuesday and make oral submissions before a ruling is handed down.
Rafique said Yusoff would be opposing the application.
Roz Mawar has to determine whether the legal questions posed cross the threshold for them to be referred to the Federal Court.
The prime minister wants 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.
The suit relates to events that allegedly took place before Anwar took office on Nov 24, 2022.
In the application, filed by his newly appointed solicitors Messrs Zain Megat & Murad, Anwar said the apex court must decide whether the suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers.
He also wants the apex court to rule whether the continued progress of the suit will offend his right to equal protection under the law, as prescribed in Article 8(1) of the constitution, particularly as he claims that the suit is an abuse of process.
Anwar says the suit is premised on a 'manufactured claim' and that he is the victim of 'politically motivated reputational sabotage'.
He also wants the Federal Court to rule that the High Court is obliged to hold a 'threshold inquiry' to determine whether the suit constitutes an abuse of process or a threat to public interest, and if so, whether it must be stayed or dismissed 'to preserve constitutional governance'.
The application also seeks a determination as to whether Anwar, as the sitting prime minister, is entitled under Article 5(1) of the constitution 'to protection from a vexatious litigant' bringing a suit that is 'strategically timed or politically weaponised to undermine his ability to govern'.
Anwar has also applied for the trial of the suit before Roz Mawar, scheduled to begin on June 16, to be stayed pending the outcome of proceedings in the apex court.
Yusoff, a grandson of the late Penang consumer advocate SM Mohamed Idris, filed the suit against Anwar in 2021, claiming that he was assaulted at the PKR president's home in Segambut in October 2018.
He is seeking general, special, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
Anwar has denied the claim and filed a countersuit.