PM immunity: High Court to rule on legal questions referral tomorrow
KUALA LUMPUR: The High Court here today set tomorrow for its decision on an application by Datuk Seri Anwar Ibrahim to refer eight legal questions to the Federal Court, including whether a Prime Minister enjoys immunity from lawsuits.
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.
Judge Roz Mawar Rozain fixed the date after hearing submissions from lawyer Alan Wong Teck Wei, representing Anwar, and lawyer Muhammad Rafique Rashid Ali, acting for Muhammed Yusoff, during in-chamber proceedings today.
Anwar filed the application on May 23, seeking to have the High Court, which is hearing the suit, refer the eight legal questions to the Federal Court.
The eight legal questions 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.
According to a supporting affidavit for the application, lawyer Datuk Megat Abdul Munir Megat Abdullah Rafaie, who is authorised to represent the defendant (Anwar), said that if the suit were to proceed, it would affect Anwar's ability to effectively perform his executive functions and undermine the doctrine of separation of powers enshrined in the Constitution.
'The plaintiff's (Muhammed Yusoff's) claim is politically motivated and, if not examined constitutionally at an early stage, could erode public confidence, diminish the dignity of the constitutional office, and disrupt the executive's ability to perform its constitutional duties,' Megat Abdul Munir said in the affidavit.
Megat Abdul Munir further stated that if the court intends to refer these constitutional questions to the Federal Court as a special case, it would be appropriate for the suit's proceedings to be stayed pending the Federal Court's determination of these questions.
Muhammed Yusoff filed the suit on July 14, 2021, and Anwar, in his statement of defence, contended that Muhammed Yusoff had lied under oath to the authorities regarding the alleged sexual assault incident.
The PKR President, who filed a counterclaim on Sept 28, 2021, alleged that Muhammed Yusoff had fabricated the story about the sexual assault to tarnish his political career and prevent him from becoming prime minister.
The High Court last year set June 16 to 19 and June 23 to 25, 2025, for the hearing of the lawsuit.
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