PM immunity: Anwar files appeal notice against decision on legal questions referral
KUALA LUMPUR: Datuk Seri Anwar Ibrahim has filed a notice of appeal against the High Court's decision to dismiss his application to refer eight legal questions to the Federal Court, including whether a sitting Prime Minister enjoys immunity from civil lawsuits.
Anwar's lawyer, Datuk Seri K. Rajasegaran, when contacted, confirmed the filing of the notice by Messrs Zain Megat & Murad.
'The notice of appeal was filed immediately after the proceedings ended yesterday. We hope to secure a hearing date before June 16,' he said.
Yesterday, High Court judge Roz Mawar Rozain dismissed Anwar's bid to refer the eight legal questions after finding that none of the articles of a Federal Constitution (FC) cited by Anwar's legal team give rise to any real, substantial or justiciable question of constitutional law requiring determination by the Federal Court under Article 128(2) of the FC or Section 84 of Courts of Judicature Act 1964.
On May 23, the Prime Minister filed the application to refer the eight legal questions, which also include whether, under Articles 39, 40 and 43 of the Federal Constitution, a sitting Prime Minister enjoys limited immunity from lawsuits concerning allegations of personal conduct that occurred before his appointment.
The legal questions relate to a lawsuit filed by Anwar's former research assistant, Muhammed Yusoff Rawther, concerning an alleged sexual assault seven years ago.
However, the Attorney General's Chambers on Jan 14, 2020, announced that it would not pursue the matter further, citing insufficient evidence and contradictions of material facts that could not support the prosecution of any person under Section 354 of the Penal Code.
The High Court, which is hearing the lawsuit, had earlier set the hearing dates from June 16 to 19, and from June 23 to 25.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Free Malaysia Today
40 minutes ago
- Free Malaysia Today
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.
Free Malaysia Today
an hour ago
- Free Malaysia Today
Why squeeze high Petronas dividend amid profit slump, Hamzah asks
Bersatu deputy president Hamzah Zainudin said a looming 10% jobs cut in Petronas could have been avoided if the government had adjusted the dividend amount. PETALING JAYA : Opposition leader Hamzah Zainudin has questioned the government's move to collect RM32 billion in dividends from Petronas, despite the company reporting a sharp decline in profits this year. Hamzah said the dividend payout for 2025 matches that of the previous year, even though Petronas recorded a 32% drop in profits in 2024, after a 21% decline in 2023. He said maintaining such a high payout raises questions about the government's fiscal priorities, especially as more than 5,000 Petronas employees (about 10% of its workforce) are expected to lose their jobs in a restructuring exercise. 'The government must clearly explain the rationale behind maintaining the RM32 billion dividend without taking into account Petronas's profit slump and the welfare of its employees. The rakyat deserves to know, is this what the government considers fair fiscal management?' he said in a statement. Hamzah said the layoffs could have been avoided if the government had adjusted the dividend amount in line with Petronas's financial performance, rather than pushing the company to deliver the same amount. Yesterday, Petronas announced plans to reduce its workforce and freeze hiring until December 2026 as part of a restructuring aimed at cutting costs amid falling crude prices. Prime Minister Anwar Ibrahim today said most of those affected by the retrenchment are contract workers. In February, finance minister II Amir Hamzah Azizan said that Petronas's commitment to paying RM32 billion in dividends to the government remained unchanged. However, he said that the payout would depend on Petronas's financial performance and the outlook of the oil market. Separately, Bersatu vice-president Radzi Jidin reminded the government that the loss of jobs, whether of permanent staff or contract staff, would leave a big impact on them and their families. 'Humanity must always be at the heart of our actions,' Radzi said in a Facebook post.
Free Malaysia Today
an hour ago
- Free Malaysia Today
Cambodian PM briefs Anwar on border tensions with Thailand
Cambodian prime minister Hun Manet said in a Facebook post that he congratulated Anwar Ibrahim on the successful hosting of the Asean summit and related meetings in Kuala Lumpur late last month. (Facebook pic) PETALING JAYA : Cambodian prime minister Hun Manet said today that he had conveyed his country's position on the ongoing border tension with Thailand to Prime Minister Anwar Ibrahim during a telephone conversation. Manet said Cambodia adheres to the principle of maintaining peace, friendship, and good cooperation with Thailand, Bernama reported. 'Cambodia's decision to refer Ta Moan Thom Temple, Ta Moan Tauch Temple, Ta Krabei Temple and Mom Bei areas to the International Court of Justice is to seek an early, peaceful and permanent solution to the border issue in these areas rather than to prolong the uncertainty which can lead to renewed armed conflicts,' he said. Tensions between the two neighbours escalated after a Cambodian soldier was killed in a clash with Thai troops in Preah Vihear province on May 28. Manet also said that Cambodia continues to cooperate with Thailand to expedite the demarcation and delimitation of the border, save for the four mentioned areas, through a joint border commission, which is expected to meet in Phnom Penh on June 14.
