Anwar's constitutional reference appeal for case management tomorrow
PUTRAJAYA : The Court of Appeal has brought forward case management of Prime Minister Anwar Ibrahim's constitutional reference appeal to tomorrow, with a view to disposing of the case on an expedited basis.
Anwar is appealing against the High Court's refusal to refer eight legal questions – which he claims arise from a civil suit brought by former research assistant Yusoff Rawther – to the Federal Court for determination.
An e-mail sent out by senior assistant registrar Ahmad Izuddin Fajri Fakrullah, sighted by FMT, said the case management was being brought forward as the appeals court bench had indicated this morning that an early hearing should be held.
As such, Izuddin said case management, previously scheduled for Sept 2, has been brought forward to tomorrow.
Lawyer Rafique Rashid Ali, appearing for Yusoff, who filed his suit in 2021 against Anwar over an alleged assault, confirmed the matter.
'The case management will be held online,' he said when contacted.
Earlier today, a three-member bench chaired by Justice Ruzima Ghazali said the stay should be granted as Anwar had shown special circumstances.
Ruzima, who sat with Justices Wong Kian Kheong and Lim Hock Leng, however, said parties were at liberty to apply for an early hearing date.
On June 4, High Court Justice Roz Mawar Rozain dismissed Anwar's reference application and directed that the trial proceed on the seven days previously set between June 16 and June 25.
In her decision, Roz Mawar said none of the questions posed in the application had crossed the threshold set out in Section 84 of the Courts of Judicature Act 1964 to justify a referral to the apex court.
In a 21-page judgment, she said the application was misconceived as to the jurisdiction of the courts and based on speculative doctrines with no constitutional footing.
On June 10, the Court of Appeal granted Anwar an interim stay pending today's hearing of the prime minister's stay application.
The prime minister wants the apex court to determine whether Articles 5(1), 8(1), 39, 40 and 43 of the Federal Constitution grant him qualified immunity from the suit filed by Yusoff four years ago.
Yusoff's suit relates to events which allegedly took place before Anwar took office on Nov 22, 2022.
A grandson of the late Penang consumer advocate SM Mohamed Idris, Yusoff claims he was assaulted at Anwar'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 denies the claim and has filed a countersuit.
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