Bar govts, firms from suing individuals for defamation, ex-judge says
A retired Federal Court judge today suggested the Bar Council push for an amendment to the Defamation Act to disallow governments and corporations from filing defamation suits.
Harmindar Singh Dhaliwal told a forum in Kuala Lumpur that the defamation law should be restricted to individuals as reputation was initially about honour and good name, among others...
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Free Malaysia Today
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Appeals court to hear Anwar's interim stay to suspend trial on Tuesday
On Wednesday, Justice Roz Mawar Rozain dismissed Prime Minister Anwar Ibrahim's application to refer eight questions to the Federal Court as they failed to cross the threshold set out in Section 84 of the Courts of Judicature Act 1964. (Bernama pic) PUTRAJAYA : The Court of Appeal will hear Prime Minister Anwar Ibrahim's application for an interim stay of the trial of a civil suit filed by a former research assistant on Tuesday, pending the outcome of an appeal. Lawyer K Rajasegaran, who appeared for Anwar, said the date was fixed following case management before a court deputy registrar this afternoon. Rajasegaran said the court also fixed July 21 to hear a permanent stay application of the trial until the outcome of Anwar's appeal to set aside the High Court's refusal to refer eight legal questions arising from the suit. Anwar had wanted the Federal Court to determine whether a sitting prime minister could be given protection from 'frivolous and politically motivated' suits while holding office. In the stay application filed yesterday by Messrs Zain Megat & Murad, the solicitors said there existed special circumstances to suspend the assault suit scheduled to begin in the High Court on June 16. They said the appeal to refer the legal questions to the Federal Court would be nugatory if the trial proceeded. 'The adjournment in the High Court is of utmost importance and is necessary to preserve the principles of justice, equality and constitutional integrity,' they said. They said the postponement would allow for complex and high-impact constitutional questions to be properly determined and interpreted. On Wednesday, Justice Roz Mawar Rozain dismissed Anwar's reference application, when it ruled that all eight questions posed failed to cross the threshold set out in Section 84 of the Courts of Judicature Act 1964. She said none of the articles cited in the Federal Constitution, as argued by Anwar's lawyers, gave rise to any real, substantial and justiciable questions of law that require a determination by the apex court. Roz Mawar had ordered for the trial of Yusoff Rawther's suit to begin at 9am on June 16 as scheduled. The prime minister wanted the apex court to rule whether Articles 5(1), 8(1), 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 which allegedly took place before Anwar took office on Nov 24, 2022. Yusoff, a grandson of the late Penang consumer advocate SM Mohamed Idris, 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.
Malaysiakini
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Federal Court ruling on SIS Forum fatwa appeal set for June 19
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Focus Malaysia
a day ago
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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
