Malaysia appeals court grants PM Anwar temporary stay in Yusoff Rawther suit
The sexual harassment lawsuit brought by Malaysian PM Anwar Ibrahim's former research assistant concerns an alleged incident that took place in 2018. ST PHOTO: JASON QUAH
PUTRAJAYA - The Court of Appeal has allowed an application by Prime Minister Datuk Seri Anwar Ibrahim to temporarily stay the hearing of a lawsuit filed by his former research assistant Muhammed Yusoff Rawther over allegations of sexual harassment.
In a unanimous decision, a three-judge panel chaired by Justice Supang Lian said on June 10 the appellate court was empowered under Section 44 of the Courts of Judicature Act 1964 to make an ad interim order to preserve the integrity of Mr Anwar's stay application pending the disposal of his appeal against the High Court's decision that dismissed his application to refer eight legal questions to the Federal Court.
'Accordingly, we hereby make an ad interim order to stay all proceedings, including the full trial at the High Court,' Justice Supang said in online proceedings.
The hearing of the main lawsuit by Mr Yusoff was initially fixed to begin on June 16.
Other judges on the bench were Justices Faizah Jamaludin and Ahmad Fairuz Zainol Abidin.
Earlier, the panel heard from Mr Anwar's counsel, Mr Alan Wong, that if the full trial proceeds, the effects would be 'irreversible'.
'The constitutional issues raised (in the application) would have been overtaken by events,' he said.
Mr Wong submitted that, as the appellant was a sitting prime minister, he would be required to divert his attention and resources from government business to attend to the trial, disrupting his official function.
'To assist the court in appreciating the scale of this disruption, I have instructions to tender a copy of the prime minister's schedule during the trial period,' he said, requesting that the document be received under seal.
Lawyer Muhammad Rafique Rashid Ali, who represented Mr Yusoff, objected on the grounds that any introduction of a material should have been done in an affidavit form.
Mr Rafique also submitted that the trial dates were fixed on June 6, 2024, and this meant the appellant had 'very well known' he was due in court.
'The trial is supposed to commence next week. He (Mr Anwar) has had more than enough time to prepare for this trial, knowing fully well that everyone has to submit to the court system,' he said.
Mr Rafique also submitted that the court should consider whether the appeal has any chance or prospect of success.
'Simply put, the appeal is doomed to fail. There are no special circumstances (to warrant the stay),' he said, adding that the trial must proceed.
On the application to insert the prime minister's schedule, the panel said it took judicial notice of the matter.
'We take judicial notice that the prime minister is busy and has a full schedule on any day. Therefore, there is no necessity to tender the schedule as proposed,' Justice Supang said.
Mr Anwar is applying for a stay of the main trial in the lawsuit pending his appeal against the High Court's decision that rejected his application to refer eight legal questions to the Federal Court, including whether he is immune from lawsuits.
The questions include whether, under Articles 39, 40 and 43 of the Federal Constitution, a sitting prime minister enjoys limited immunity from lawsuits involving allegations of personal conduct that occurred before his appointment.
The application by Mr Anwar was concerning a sexual harassment lawsuit filed by Mr Yusoff, who claimed sexual assault in 2018.
On June 4, High Court judge Justice Roz Mawar Rozain dismissed Mr Anwar's application on the grounds that the questions failed to meet the threshold for referral under the Federal Constitution and the Courts of Judicature Act.
On July 14, 2021, Mr Yusoff filed the lawsuit against Mr Anwar, who contended in his defence that the plaintiff had lied under oath to the authorities regarding the alleged assault.
Mr Anwar then filed a counterclaim on Sept 28, 2021, alleging that Mr Yusoff had fabricated the story to tarnish his political career and prevent him from becoming prime minister.
The hearing for a full stay application has been fixed for July 21. THE STAR/ASIA NEWS NETWOR K
Join ST's Telegram channel and get the latest breaking news delivered to you.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Business Times
14 hours ago
- Business Times
Malaysian Court grants Anwar bid to pause civil lawsuit
[KUALA LUMPUR] A Malaysian Court of Appeal granted Prime Minister Anwar Ibrahim's application to temporarily pause a civil lawsuit against him by a former aide who alleges he was sexually assaulted in 2018. A court panel comprised three judges who decided to stay proceedings of the trial in a unanimous decision on Tuesday (Jun 10) that was read out by Appeal Court Judge Supang Lian. Anwar was appealing a High Court decision that had ruled that the trial would begin on June 16. He is separately appealing another court decision that dismisses a bid seeking clarity from the Federal Court whether a sitting prime minister can be sued. It's a reprieve for Anwar who years ago faced sodomy and abuse of power convictions – charges which he denied. The cases he said were politically motivated came in the wake of the Asian financial crisis of 1997-1998, when he was deputy prime minister until his dismissal from cabinet. Yusoff Rawther, a former research aid to Anwar, filed his suit in 2021 accusing him of sexual assault in October 2018 while they were in the latter's residence in Kuala Lumpur. Anwar, who became prime minister in 2022, denies any wrongdoing. Yusoff is seeking special, general, aggravated and exemplary damages. Anwar wants the Federal Court to determine whether allowing the lawsuit to proceed would impair his ability to executive his duties as prime minister and undermine the constitutional doctrine of separation of powers. He said last week the case was never about seeking personal immunity or escaping legal scrutiny, and that he would continue to carry out his responsibilities without distraction or compromise. BLOOMBERG
CNA
16 hours ago
- CNA
Decision to quit UMNO not linked to any by-election, says Malaysia minister Tengku Zafrul
KUALA LUMPUR: A Malaysian minister who caused a stir by quitting ruling coalition party UMNO to join Prime Minister Anwar Ibrahim's political party has dismissed rumours that the move is linked to a potential by-election contest by him. In a statement on Monday (Jun 9) evening, Minister of Investment, Trade and Industry Tengku Zafrul Abdul Aziz said that he has never considered taking part in any by-election, whether at the federal or state level. "I would like to make it clear that no discussion related to this matter ever took place, and it was not part of my consideration in making that decision,' he wrote, as reported by national news agency Bernama. 'I strongly disagree with triggering by-elections without urgent necessity, as they consume both time and public funds.' Tengku Zafrul had announced on May 30 that he was quitting the United Malays National Organisation to join Anwar's Parti Keadilan Rakyat (PKR), citing various factors such as 'compatibility and conformity'. His statement on Monday came following rumours that PKR would ask Selangor Chief Minister Amirudin Shari to vacate his seat in order for Tengku Zafrul to contest in a by-election. Winning such an election would allow Tengku Zafrul to take over as Chief Minister of Selangor, while Amirudin Shari could still find a place in Anwar's Cabinet as he is a Member of Parliament for Gombak. Outspoken political commentator and former UMNO information chief, Isham Jalil, had posted a video on Jun 2 about such a scenario. Amirudin has since denied these rumours as well, saying that he wants to complete his term. In Malaysia, a minister must be an MP or an appointed senator, and Tengku Zafrul is nearing the end of his term as a senator in December as one can serve a maximum of only two terms. In his statement on Monday, he said that he will continue serving as a senator until the end of his term. Regarding his ministerial position, he said that he would leave it to Anwar. 'I am always ready to serve the country in any capacity,' said Tengku Zafrul, a former banker and group chief executive of CIMB Group. 'I left the corporate world with the intention of serving, and as long as my services are needed, I am ready to continue to contribute without being tied to a position.' He said that his decision to leave UMNO after being with the party for 28 years was entirely his personal choice, and that he was not coerced into it. He thanked UMNO President Ahmad Zahid Hamidi and the party's grassroots for their support. Ahmad Zahid, who is also deputy prime minister, had previously spoken out against Tengku Zafrul's resignation, adding that it was "unethical" for parties within the unity government to accept a member from an ally.
Straits Times
19 hours ago
- Straits Times
Malaysia appeals court grants PM Anwar temporary stay in Yusoff Rawther suit
The sexual harassment lawsuit brought by Malaysian PM Anwar Ibrahim's former research assistant concerns an alleged incident that took place in 2018. ST PHOTO: JASON QUAH PUTRAJAYA - The Court of Appeal has allowed an application by Prime Minister Datuk Seri Anwar Ibrahim to temporarily stay the hearing of a lawsuit filed by his former research assistant Muhammed Yusoff Rawther over allegations of sexual harassment. In a unanimous decision, a three-judge panel chaired by Justice Supang Lian said on June 10 the appellate court was empowered under Section 44 of the Courts of Judicature Act 1964 to make an ad interim order to preserve the integrity of Mr Anwar's stay application pending the disposal of his appeal against the High Court's decision that dismissed his application to refer eight legal questions to the Federal Court. 'Accordingly, we hereby make an ad interim order to stay all proceedings, including the full trial at the High Court,' Justice Supang said in online proceedings. The hearing of the main lawsuit by Mr Yusoff was initially fixed to begin on June 16. Other judges on the bench were Justices Faizah Jamaludin and Ahmad Fairuz Zainol Abidin. Earlier, the panel heard from Mr Anwar's counsel, Mr Alan Wong, that if the full trial proceeds, the effects would be 'irreversible'. 'The constitutional issues raised (in the application) would have been overtaken by events,' he said. Mr Wong submitted that, as the appellant was a sitting prime minister, he would be required to divert his attention and resources from government business to attend to the trial, disrupting his official function. 'To assist the court in appreciating the scale of this disruption, I have instructions to tender a copy of the prime minister's schedule during the trial period,' he said, requesting that the document be received under seal. Lawyer Muhammad Rafique Rashid Ali, who represented Mr Yusoff, objected on the grounds that any introduction of a material should have been done in an affidavit form. Mr Rafique also submitted that the trial dates were fixed on June 6, 2024, and this meant the appellant had 'very well known' he was due in court. 'The trial is supposed to commence next week. He (Mr Anwar) has had more than enough time to prepare for this trial, knowing fully well that everyone has to submit to the court system,' he said. Mr Rafique also submitted that the court should consider whether the appeal has any chance or prospect of success. 'Simply put, the appeal is doomed to fail. There are no special circumstances (to warrant the stay),' he said, adding that the trial must proceed. On the application to insert the prime minister's schedule, the panel said it took judicial notice of the matter. 'We take judicial notice that the prime minister is busy and has a full schedule on any day. Therefore, there is no necessity to tender the schedule as proposed,' Justice Supang said. Mr Anwar is applying for a stay of the main trial in the lawsuit pending his appeal against the High Court's decision that rejected his application to refer eight legal questions to the Federal Court, including whether he is immune from lawsuits. The questions include whether, under Articles 39, 40 and 43 of the Federal Constitution, a sitting prime minister enjoys limited immunity from lawsuits involving allegations of personal conduct that occurred before his appointment. The application by Mr Anwar was concerning a sexual harassment lawsuit filed by Mr Yusoff, who claimed sexual assault in 2018. On June 4, High Court judge Justice Roz Mawar Rozain dismissed Mr Anwar's application on the grounds that the questions failed to meet the threshold for referral under the Federal Constitution and the Courts of Judicature Act. On July 14, 2021, Mr Yusoff filed the lawsuit against Mr Anwar, who contended in his defence that the plaintiff had lied under oath to the authorities regarding the alleged assault. Mr Anwar then filed a counterclaim on Sept 28, 2021, alleging that Mr Yusoff had fabricated the story to tarnish his political career and prevent him from becoming prime minister. The hearing for a full stay application has been fixed for July 21. THE STAR/ASIA NEWS NETWOR K Join ST's Telegram channel and get the latest breaking news delivered to you.
