Safeguarding Judicial Independence
At the heart of their grievances was the abrupt decision to deny six-month tenure extensions to three of the judiciary's most senior figures – former Chief Justice Tun Tengku Maimun Tuan Mat, Court of Appeal President Tan Sri Abang Iskandar Abang Hashim, and Federal Court Judge Tan Sri Nallini Pathmanathan – as each approached the constitutionally mandated retirement age of 66.
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The Sun
5 hours ago
- The Sun
Stay granted on sexual assault suit against PM
PUTRAJAYA: The Court of Appeal has granted a stay in the civil suit filed against Prime Minister Datuk Seri Anwar Ibrahim in 2021 by his former research officer Muhammed Yusoff Rawther over allegations of sexual assault. The decision effectively puts the High Court trial on hold, pending the outcome of constitutional issues that are being brought before the Federal Court. The decision, made by a three-member panel yesterday, means the trial will not proceed until the appellate court hears the prime minister's appeal against the High Court's refusal to refer key constitutional questions to the apex court. Case management has been set for Sept 2, during which a hearing date for the appeal will be scheduled. In a statement, Anwar's lead counsel Datuk Seri Rajasegaran S. Krishnan stressed that the prime minister is not seeking immunity from legal action or attempting to avoid trial. 'The prime minister is simply asserting his right to raise constitutional questions of public importance before the trial begins,' he said. Among the questions raised are whether civil suits involving a sitting prime minister's conduct prior to taking office should be subject to safeguards, and whether there should be protection from politically motivated suits aimed at undermining a government – similar to SLAPP (Strategic Lawsuit Against Public Participation) cases. The legal team also questioned whether a filtering mechanism should be in place, similar to those applied to judges or Malay Rulers under Article 183 of the Federal Constitution before such suits are allowed to proceed. 'These are serious and unprecedented questions. If not addressed, any prime minister could be targeted with lawsuits timed for political impact, risking the stability of the executive,' the statement added. The stay allows the appellate courts to consider the constitutional implications before the trial resumes. 'The prime minister has nothing to hide and is ready to respond to all claims through a process that respects the constitution and the balance of powers it upholds,' said Rajasegaran. The civil suit against Anwar was filed by Yusoff who alleged that he was sexually harassed by Anwar in 2018. The lawsuit, filed in 2021, claims the incident took place at Anwar's private office. Anwar has strongly denied the allegation, calling it baseless and politically motivated. The High Court had previously fixed the trial to begin in June this year. Anwar had sought the apex court to rule whether Articles 5, 8, 39, 40 and 43 of the Federal Constitution grant him qualified immunity from Yusoff's suit. Anwar had asked the court to decide whether Yusoff's suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers. He had also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution.
Free Malaysia Today
12 hours ago
- Free Malaysia Today
Anwar's constitutional reference appeal for case management tomorrow
Anwar Ibrahim wants the Court of Appeal to refer eight legal questions, which he said arise from a civil suit brought by former research assistant Yusoff Rawther, to the Federal Court for determination. 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.
The Star
18 hours ago
- The Star
Court of Appeal grants stay for PM Anwar in civil suit proceedings
PETALING JAYA: The Court of Appeal has granted Prime Minister Datuk Seri Anwar Ibrahim a stay on all proceedings related to a civil suit filed by his former research assistant, Muhammed Yusoff Rawther. The decision was made by a three-judge bench led by Justice Che Mohd Ruzima Ghazali, who unanimously allowed Anwar's request due to his pending appeal to the Federal Court on significant constitutional questions. "If this application is not granted, the appeal to raise these legal questions will become academic," Justice Che Mohd Ruzima stated on Monday (July 21). Justice Che Mohd Ruzima assured that the stay would not prejudice any party involved in the case. The panel included Justices Datuk Wong Kian Kheong and Datuk Dr Lim Hock Leng. The lawsuit, alleging an incident that purportedly occurred before Anwar assumed office as Prime Minister, was initially scheduled to be heard at the Kuala Lumpur High Court on June 16. During an earlier proceeding, Anwar's lawyer, Alan Wong Teck Lee, argued that proceeding with the trial on June 16 would render his client's appeal meaningless, and any losses incurred would be irreparable. Wong highlighted that the constitutional issues Anwar raised, including whether a serving Prime Minister is immune from lawsuits over personal conduct alleged before taking office, are significant matters that need addressing first. However, the plaintiff's lawyer, Muhammad Rafique Rashid Ali, objected to the stay, arguing that it disrupts the court's schedule and undermines his client's right to timely justice. He maintained that Muhammed Yusoff's access to justice is a constitutional right under the Federal Constitution. The Federal Court is expected to deliberate on Anwar's appeal to refer the legal questions in due course, with the next case management date set for September 2.
