Latest news with #MuhammedYusoffRawther
Independent Singapore
4 days ago
- General
- Independent Singapore
Immunity split: Why Anwar faces trial while Trump is shielded
The United States is classified as 'free' and Malaysia as 'partly free' in Freedom House's Freedom in the World 2024 report. However, US President Donald Trump enjoys more unbridled power than Malaysian Prime Minister Anwar Ibrahim. Mr Anwar's plea for immunity while in office has been rejected by the Malaysian High Court. He is accused of sexual assault by his former research assistant Muhammed Yusoff Rawther in 2018, four years before he became prime minister. Trial is due to start on June 16. The High Court dismissed Mr Anwar's application to refer eight constitutional questions to the Federal Court. High Court Judge Roz Mawar Rozain said the federal constitution does not provide immunity for prime ministers. She also ordered Mr Anwar to pay RM20,000 in costs to Mr Yusoff. Mr Anwar's lawyer, Alan Wong, said they would appeal the court's decision. Mr Anwar wanted the Federal Court to determine whether allowing the lawsuit to proceed would impair his ability to effectively discharge his executive duties, according to Wong. Mr Anwar said in a statement: 'This matter has never been about seeking personal immunity or escaping legal scrutiny. It concerns the integrity of our constitutional system and the need to ensure that high public office is protected from litigation that may be strategically timed, politically motivated, or institutionally disruptive.' See also Americans brace for Covid 'surge upon a surge' Malaysian High Court vs US Supreme Court The Malaysian High Court's ruling on the prime minister contrasts with the US Supreme Court's stance on the president. The US Supreme Court has granted President Donald Trump significant immunity from criminal prosecution for actions taken during his presidency. In the landmark 2024 decision Trump v. United States, the court ruled that a president is entitled to absolute immunity for actions within their core constitutional duties and at least presumptive immunity for other official acts. However, there is no immunity for unofficial or personal conduct. This ruling carried weight in legal proceedings against Mr Trump, particularly those related to his efforts to overturn the 2020 election. While some charges have been affected by this decision, others, such as his conviction in New York for falsifying business records related to hush money payments, have been upheld. The court determined that these actions were personal and not protected by presidential immunity. Prosecuted leaders While former leaders being prosecuted is relatively common in democracies, it is rare for a sitting leader to face criminal prosecution or conviction while still in office. Former heads of state or government charged with crimes include: Former French presidents Jacques Chirac and Nicolas Sarkozy. Both were convicted of corruption after leaving office. Former Israeli prime minister Ehud Olmert. He was convicted of corruption after leaving office. Former South Korean presidents Lee Myung-bak and Park Geun-hye, have been convicted and imprisoned after their term. Former Malaysian prime minister Najib Razak is currently serving a prison sentence for corruption. Another Malaysian premier, Muhyiddin Yassin, was charged with abuse of power and money laundering after leaving office. Former Argentine President Cristina Fernández de Kirchner was convicted of fraud after her term, though she continued to serve as Vice President while appealing. Sitting leaders being prosecuted are rare but not unheard of. Israeli Prime Minister Benjamin Netanyahu is currently on trial for corruption charges. Former Austrian Chancellor Sebastian Kurz was criminally investigated on corruption charges while in office. He resigned and was later convicted of perjury. Mr Anwar, 77, has faced legal battles and jail sentences in the past for what he calls politically motivated cases. His former aide, Yusoff, 31, currently detained by the police, is on trial for alleged drug trafficking . He claims he was framed by those in power. His lawyer, Muhammad Rafique Rashid Ali, welcomed the High Court ruling. He said it shows there is equality for everyone. Mr Anwar's plea for immunity was opposed by the civil society group, Lawyers for Liberty. 'This is not a concept that exists in any democratic country; it is a blatant violation of the rule of law and a flagrant feature of authoritarianism,' said Lawyers for Liberty director Zaid Malek, reported Bloomberg. See also Trump urged to embrace free trade amid rising tensions Awkward complications Prosecuting leaders in office, however, can create awkward problems and may undermine their ability to carry out their duties. That is why there have been cases when ministers and officials have been suspended or asked to take leave while under investigation. Singapore's former transport minister S. Iswaran was instructed by the then prime minister Lee Hsien Loong to take a long leave of absence while being investigated for accepting valuable items from billionaire Ong Beng Seng. He was sentenced to 12 months' jail in October 2024, but after four months in prison, he was put on home detention for the rest of his term. Also noteworthy was the 'hush money' case against Mr Trump. He was convicted by a New York jury of falsifying business records after his former personal lawyer, Michael Cohen, allegedly paid adult film actress Stormy Daniels $130,000 just before the 2016 election. However, the presiding judge, Juan Merchan, let hin off with an unconditional discharge on January 10. Ten days later, on January 20, Mr Trump was sworn in as president. Featured photo from Facebook (for illustration purposes only)
Borneo Post
4 days ago
- Politics
- Borneo Post
PM Anwar files appeal after High Court rejects request to clarify constitutional immunity
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. – Bernama photo KUALA LUMPUR (June 5): 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. – Bernama anwar ibrahim Court immunity legal questions referral notice of appeal
South China Morning Post
4 days ago
- General
- South China Morning Post
Malaysia's Anwar faces more woes as sexual harassment case against him proceeds
A crisis of credibility hangs over Malaysia 's Prime Minister Anwar Ibrahim as he prepares to face a sexual harassment suit later this month, the latest in a series of controversies that has rocked his administration and cast doubts over his reformist agenda. Advertisement Anwar faces allegations that he has sexually assaulted a former aide, as the case threatens to dredge up past sex scandals that hounded him for years while he was in opposition. A high court in Kuala Lumpur on Wednesday threw out Anwar's attempt to invoke legal immunity as prime minister against the suit filed by Muhammed Yusoff Rawther, ruling there were no constitutional provisions for such privileges. The trial for the case is scheduled to begin on June 16. In accepting the ruling, Anwar said on Wednesday his application was 'never about seeking personal immunity or escaping legal scrutiny'. 'It concerns the integrity of our constitutional system and the need to ensure that high public office is protected from litigation that may be strategically timed, politically motivated or institutionally disruptive,' he said in a statement. Advertisement Anwar's reputation has taken a beating in recent weeks.
Malay Mail
5 days ago
- General
- Malay Mail
High Court dismisses Anwar's bid to refer PM immunity questions to Federal Court, says no constitutional issues
KUALA LUMPUR, June 4 — The High Court here today dismissed Datuk Seri Anwar Ibrahim's application to refer eight legal questions to the Federal Court, including whether the 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 made the ruling 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. 'From a judicial perspective, the proposed questions do not appear to meet the threshold of genuine constitutional controversy,' she said. The Prime Minister filed the application on May 23, seeking the High Court, which is hearing the suit, to refer the eight legal questions to the Federal Court. — Bernama
Barnama
28-04-2025
- Barnama
Yusoff Rawther Trial: Prosecution Closes Case, Decision June 12
KUALA LUMPUR, April 28 (Bernama) -- The High Court today set June 12 to decide whether former research assistant to a politician, Muhammed Yusoff Rawther, should enter his defence or be acquitted of charges of distributing cannabis and possessing two imitation firearms. Judge Datuk Muhammad Jamil Hussin set the date after Deputy Public Prosecutor Mohd Sabri Othman informed the court that the prosecution had closed its case today after calling 13 prosecution witnesses during the trial, which began on April 7. 'The parties must file written submissions on or before May 13, and the court has set June 12 for the decision,' the judge said. Earlier, Mohd Sabri informed the court that a total of 13 prosecution witnesses had testified, and the prosecution had offered seven witnesses to the defence. Among the witnesses called during the trial were chemist Harlisa Haidhir Harminder, investigating officers, and police officers. Meanwhile, lawyer Muhammad Rafique Rashid Ali, representing Muhammed Yusoff, said the defence team would interview the witnesses offered by the prosecution. Earlier, investigating officer Insp Muhammad Zuhairi Md Zuhir, 36, who served in the Narcotics Criminal Investigation Division of the Dang Wangi Police Headquarters, told the court that the police found a lump suspected to be cannabis in a Nissan Teana vehicle belonging to Muhammed Yusoff when they searched the vehicle in front of the surau at the Kuala Lumpur Police Contingent Headquarters (IPKKL) last year. The 13th prosecution witness said that the initial search of the vehicle was to find ammunition for firearms that had already been discovered. However, further inspection uncovered the drugs. 'My investigation found that there was no information regarding drugs received by the complainant (Insp Wan Muhammad Wan Ali) about the accused or the vehicle the accused was in.
