Siti Kasim: Maybe hard for PMX to gain immunity from Federal Court judging from Najib's precedent
THERE is already a precedent whereby the Federal Court had previously ruled against now incarcerated former premier Datuk Seri Najib Razak to be granted immunity from the extraordinary claim (civil suit) filed against the Malaysian Government by then Petaling Jaya Utara MP Tony Pua in January 2017.
Premised on the common law tort of misfeasance in public office, the thrust of the claim was that Najib had committed misfeasance in public office in relation to the sovereign fund 1MDB.
It was alleged that the then 10-term Pekan MP had abused his public office by personally benefitting from the receipt of monies from the 1MDB fund.
Against such backdrop, human rights activist and lawyer Siti Kasim opined that Prime Minister Datuk Seri Anwar Ibrahim is liable for the civil suit on se*ual harassment filed against him by his former research assistant Yusoff Rawther four years ago.
'Recall that Pua lost his case at both the High Court and Appeal Court levels but the Federal Court ruled that Najib can be charged with misfeasance in public office given the PM or any minister for the matter are regarded as civil servants,' she recounted on her latest YouTube rant.
'Moreover, in my personal opinion a PM should not be exempted from any civil suit in his personal capacity … After all, the civil suit filed by Yusoff revolves around sexual assault on him prior to him having assumed his PM office.'
Added the Orang Asli advocate: 'Going by the precedent set by Najib's case, Anwar can be sued on grounds that a PM doesn't enjoy immunity but it seems that Yusoff has to wait for a few more years before the hearing of his civil suit can materialise.
'He may now have to wait for the decision of the Federal Court on Anwar's immunity claim first … We can only pray that justice shall prevail for the righteous party.'
PMX seeks immunity
For context PMX had on yesterday (May 27) sought the Federal Court ruling if he should be granted immunity from the civil suit filed by Yusoff prior to him taking office on Nov 24, 2022.
The 31-year-old grandson of the late Penang consumer advocate SM Mohamed Idris had filed his civil suit in July 2021 in which he alleged that Anwar had sexually assaulted him on Oct 2, 2018 at Anwar's residence in Segambut, Kuala Lumpur.
In his countersuit, Anwar claimed that Yusoff's allegation of sexual harassment against him is unfounded as he was entertaining his family and friends at his residence. The KL High Court last year fixed the trial to be heard from June 16 to 19 and June 23 to 25.
However, Yusoff found himself charged in the KL High Court on Dec 5 last year here with trafficking in 305gm of cannabis in addition to having in his possession two imitation pistols to which he pleaded not guilty.
Framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, the drug charge which is punishable under Section 39B(2) of the same Act, provides life imprisonment and whipping of not less than 12 lashes upon conviction.
'Throughout his drug and pistol trial, Yusoff has incessantly claimed that he has been trapped and framed by people in the authority who holds grudges against him for his civil suit,' observed Siti Kasim.
'Additionally, Yusoff also filed two police reports by calling for investigation against Anwar's former political secretary Datuk Farhash Wafa Salvador Rizal Mubarak but the police have yet to act on the reports filed by Yusoff.' – May 28, 2025
Main image credit: SK Studio/YouTube
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Star
36 minutes ago
- The Star
AG must disclose more details on NFA over Teoh Beng Hock's death, says lawyer
IPOH: Attorney General Tan Sri Mohd Dusuki Mokhtar should disclose further details on the decision by the Attorney General's Chambers (AGC) to classify the case of Teoh Beng Hock's 2009 death as No Further Action (NFA), says Ramkarpal Singh. In a statement Saturday (June 7), the legal representative for the late Teoh's family said the reason given by the AG that there was insufficient evidence to commence criminal proceedings was disappointing. Ramkarpal said his firm had on June 3 received a letter dated May 30 from the AGC to explain the decision to classify the case as NFA. "I have perused the said letter and discussed it with Teoh's family. "We will need more time to study it before deciding on the next course of action, which may include initiating judicial review proceedings against the AG," he said. "Teoh's family is considering taking legal action and will announce their decision on this in due course," he added. "It is disappointing that the AG has come to the conclusion that there is insufficient evidence as the police have had ample time to investigate this tragedy since 2009. "His findings, particularly on the question of why he says there is insufficient evidence as a general statement, does not, in any way, overcome the family's real concerns that such investigations were not properly and professionally conducted," the Bukit Gelugor MP said. The AGC had on May 22 issued a statement that the case would be classified as NFA, after having reviewed and studied all evidence in the investigation papers submitted by the police. In the letter issued, Mohd Dusuki said the decision to classify the case as NFA was not to deny responsibility. He said there needs to be sufficient evidence to prove beyond reasonable doubt before prosecution could be started against an individual. "Having gone through all available materials, including forensics reports, witness accounts and expert findings, the conclusion is that there is insufficient evidence to support any charges under the Penal Code. "The law cannot permit charges to be pressed based on doubt," he said. "If new or believable evidence comes up in the future, whether it be from a witness, document or forensics development, I will ensure that the case will be looked at again without hesitation," he added. He said the matter has already become a lesson and was also acknowledged by the government. "The people will not forget this incident, while institutional reform has already started to prevent a similar incident from recurring," he said. "The AGC will ensure all prosecution will continue to be implemented fairly, systematically and according to the law," he added. On Nov 21 last year, the Kuala Lumpur High Court had ordered the police to complete the investigation into Teoh's death within six months. This was after a review application by the late Teoh's family against the Inspector-General of Police, the police's director of criminal investigation, the police and the Malaysian government, as the respondents, was allowed. Teoh, the political secretary to former Seri Kembangan assemblyman Ean Yong Hian Wah, was found dead after giving a statement at the Malaysian Anti-Corruption Commission (MACC) office on the 14th floor of Plaza Masalam in Shah Alam, Selangor.
The Star
an hour ago
- The Star
Penang govt to study decision on 5% discount for first-time homebuyers among Indian Muslims, says Sim
GEORGE TOWN: The Penang government will review its decision to offer a 5% discount to first-time homebuyers among the Indian Muslim community for one year before implementing it, says Steven Sim. The Penang DAP chairman said he had discussed the matter with Chief Minister Chow Kon Yeow, adding that the latter agreed the matter to be brought up for review and discussion at the upcoming state executive council meeting. "I take note of the public feedback regarding the 5% discount given to the Indian Muslim community for the purchase of unsold (overhang) property units in Penang," he said in a statement. Sim said it is important for the state government to continue upholding the principles of social justice and to ensure that the right of every Malaysian to own a home is protected. Earlier, state housing committee chairman Datuk Seri S. Sundarajoo said the state government has approved measures to revitalise the property sector. Sundarajoo said the decision was made during the state executive council meeting on Saturday (June 7) and the state planning committee meeting on Tuesday (June 3), following discussions with housing industry stakeholders. He, however, said the discount excludes bumiputra quota units and does not affect existing housing policies. The provision of the discount is based on developers' social responsibility and does not involve financial support or subsidies from the state government. Meanwhile, state MCA secretary Yeoh Chin Kah criticised the state government over the measure, questioning if it introduces a new form of racial quota. He questioned why the Penang government couldn't base its housing policy on economic status rather than race and religion and said that DAP is promoting a "Malaysian Malaysia" while introducing racial policies that divide society.
The Sun
an hour ago
- The Sun
No MTUC representation at ILC due to leadership void
PUTRAJAYA: There is no worker representation in the Malaysian delegation to the 113th International Labour Conference (ILC) in Geneva, Switzerland, due to there being no official leadership in the Malaysian Trades Union Congress (MTUC), said the Ministry of Human Resources (KESUMA). It stressed, in a statement today, that claims that the government deliberately excluded the participation of MTUC representatives were unfounded, misleading and malicious. KESUMA added that the Court of Appeal had on Feb 21 ordered the MTUC to hold fresh leadership elections within 90 days, which will be managed by a joint special committee (JBK). 'The election that was supposed to be held in May has been postponed to Aug 10, resulting in MTUC not having an official leadership to represent workers on any official platform, including the ILC,' it added. According to KESUMA, the JBK that was specifically established to handle the re-election process has no mandate to make policy decisions or nominate representatives for international forums. 'In fact, the nomination of names by the JBK to the ILC is outside the jurisdiction granted by the court and had been objected to by several MTUC affiliate members,' it clarified. KESUMA also emphasised that the selection of the Malaysian delegation to the ILC was made transparently based on the guidelines of the International Labour Organisation (ILO) as well as legal advice from the Attorney-General's Chambers (AGC) regarding MTUC's current status. It added that the government remains committed to its principle of tripartite and supports the rights of a valid workers' union's participation on the global platform. 'KESUMA calls for the MTUC re-elections to be promptly resolved to protect the image of the workers' union movement and ensure Malaysia's complete participation in the ILC next year,' it said.
