Latest news with #RozMawar
Focus Malaysia
2 days ago
- Politics
- Focus Malaysia
High court judge Roz Mawar praised for sound, solid judgment in denying PMX's immunity bid
TWO prominent lawyers are impressed with the grounds of Kuala Lumpur High Court judge Roz Mawar Rozain in rejecting Prime Minister Datuk Seri Anwar Ibrahim's bid to suspend the civil lawsuit by his former research assistant Yusoff Rawther who accused him of alleged sexual assault in 2018 at the PKR party office. Former de facto law minister Datuk Zaid Ibrahim who was at Justice Roz Mawar's court yesterday (June 4) afternoon said he left the venue 'fully satisfied'. 'Her dismissal of Anwar's attempt to delay the hearing of Yusoff's civil claim of sexual assault is 100% correct,' the founder of one of Malaysia's largest legal firms, Zaid Ibrahim & Co, penned on X. I was in Justice Roz Mawar's court this afternoon, and I left fully satisfied. Her dismissal of Anwar Ibrahim's attempt to delay the hearing of Yusof's Lawther civil claim of sexual assault is hundred per cent correct I always find her judgement sound ( except one), and she is… — Zaid Ibrahim (@zaidibrahim) June 4, 2025 'I always find her judgement sound (except one) and she is undoubtedly one of our best judges.' In dismissing Anwar's application to refer eight legal questions arising from a civil suit filed by Yusoff to the Federal Court, Justice Roz Mawar ruled that the questions posed by PMX failed to cross the threshold set out in Section 84 of the Courts of Judicature Act 1964. 'None of the articles cited in the Federal Constitution – as argued by the defendant's lawyers – gave rise to any real, substantial and justiciable questions of law that require a determination by the Federal Court,' she deduced. In rejecting an application by Anwar's lawyer, Alan Wong, for a stay pending appeal on grounds that 'sorry, my hands are tied', Justice Roz Mawar said the trial of Yusoff Rawther's suit will begin at 9am on June 16 as scheduled. She further ordered PMX to pay RM20,000 in costs to Yusoff. In summing up, the opposition-slant Zaid now hopes that PMX will not proceed with the application to stay the proceeding which has been set for hearing on June 16 because there are no merits to his application. 'Furthermore, his lawyer had stated in open court that his client was ready to proceed with the trial. Why the need for deferment?' asked the former defence counsel of now incarcerated former premier Datuk Seri Najib Razak. 'As the leader of the Reformasi movement in the country, it does not look good for the PM to be seen as avoiding his accuser in (an) open court. After all, he had said on many occasions (that) the accusations were frivolous and untrue.' 'Beauty with brain' Commenting on the KL High Court declining his application to refer eight constitutional questions to the Federal Court under Article 128(2) of the Federal Constitution, Anwar reiterated that the 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,' argued PMX in a statement. STATEMENT ON HIGH COURT DECISION AND CONSTITUTIONAL REFERENCE This afternoon, the High Court declined my application to refer 8 constitutional questions to the Federal Court under Article 128(2) of the Federal Constitution. This matter has never been about seeking personal… — Anwar Ibrahim (@anwaribrahim) June 4, 2025 'I remain fully committed to the rule of law, the independence of our courts and the dignity of democratic governance. The legal process will continue, and I'll continue to discharge my responsibilities without distraction or compromise.' Meanwhile human rights activist and lawyer Siti Kasim described Justice Roz Mawar who was appointed as a High Court judge on Nov 12 last year as a 'beauty with brain' after having read her grounds of judgment. 'It's not only that she's pretty and beautiful but she's also very smart … Her decision is solid-molid [sic],' reacted the Orang Asli advocate with a caveat. 'Perhaps Yusoff Rawther will have his day in court, perhaps not because PMX's clever lawyers may appeal and then ask for stay although Justice Roz Mawar has insisted that the case will go on as scheduled on June 16. 'But still, I've strong feeling that the Court of Appeal shall uphold the judgment of Justice Roz Mawar because there's no other way for them to go around it; after all, her explanation is so detailed … Reading a solid judgment coming from a clever judge feels like reading a good book. 'Anyway, good luck to both Yusoff Rawther and PMX. May the righteous party win the case.' – June 5, 2025 Main image credit: SK Studio/YouTube; Suruhanjaya Pelantikan Kehakiman
New Straits Times
2 days ago
- Politics
- New Straits Times
June 10 hearing on Anwar's bid to stay sexual assault suit
KUALA LUMPUR: The Court of Appeal has set June 10 for the ad interim hearing of Prime Minister Datuk Seri Anwar Ibrahim's bid to stay proceedings in a 2021 sexual assault suit filed by his former research officer, Muhammed Yusoff Rawther. Anwar's lawyer, Datuk Seri Rajasegaran Krishnan, said the date was fixed during case management before deputy registrar Ahmad Izuddin Fajri Fakrullah. "The full stay application hearing is on July 21,'" he told the "New Straits Times". The hearing comes ahead of the civil trial on June 16 before High Court judge Roz Mawar Rozain. The suit was filed before Anwar became prime minister on Nov 24, 2022. Separately, Rajasegaran said Sept 2 was set for case management in Anwar's appeal against Roz Mawar's decision rejecting his bid to refer eight constitutional questions to the Federal Court, including whether he has immunity from civil suits. Roz Mawar, in her decision, ruled that Anwar's referral application on the eight constitutional questions was speculative and did not meet the requirements under Section 84 of the Courts of Judicature Act. Anwar had sought the apex court to rule whether Articles 5, 8, 39, 40 and 43 of the constitution grant him qualified immunity from Yusoff's suit. He also argued that the suit could impair his ability to perform executive duties and undermine the constitutional separation of powers.
Daily Express
4 days ago
- General
- Daily Express
High Court denies PM Anwar's request to refer legal questions to Apex Court
Published on: Wednesday, June 04, 2025 Published on: Wed, Jun 04, 2025 By: Bernama Text Size: KUALA LUMPUR: 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. 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. In her brief grounds, Judge Roz Mawar said the eight proposed questions are speculative, not necessary to the disposal of this case, and do not concern the interpretation or validity of any constitutional provision. Regarding the immunity, the judge said Articles 39, 40, and 43 on Executive Authority, which Anwar applies to refer, are structural provisions that allocate executive powers but do not confer personal immunity. 'No express or implied protection against civil liability exists. Constitutional silence on immunity must be interpreted in favour of equal legal accountability. 'The articles cited by the defendant's legal team are inoperative in the context of his application for constitutional reference,' she said. The judge further stated that the defendant's contention that allowing a civil suit based on pre-appointment conduct may undermine the Prime Minister's ability to discharge executive functions is flawed. She explained that this was because no immunity is implied in Article 43 as the provision deals solely with tenure and does not prescribe or imply immunity from judicial proceedings. The judge said no clause in Article 43 shields a sitting Prime Minister from accountability in respect of private acts committed prior to assuming office. 'One, no immunity is implied in Article 43; the provision deals solely with appointments and tenure and does not prescribe or imply immunity from judicial proceedings,' she said. Judge Roz Mawar said furthermore, the defendant (Anwar) has affirmed readiness to proceed with trial, and there is no evidence that the suit impairs his ability to perform constitutional duties and this court finds no special circumstances warranting a stay of proceedings. The court also dismissed Anwar's application to stay the hearing of the suit and ordered the trial to commence on June 16 as fixed earlier. She then ordered the defendant to pay the costs of RM20,000 to the plaintiff (Muhammed Yusoff). Lawyer Datuk Seri Segaran, Datuk Megat Abdul Munir Megat Abdullah Rafaie, Alan Wong Teck Wei representing Anwar, while lawyer Muhammad Rafique Rashid Ali, Nurmustanir Md Nor and Muhammad Amirul Ar-Rasyid Azman acting for Muhammed Yusoff. According to a supporting affidavit for the application, Megat Abdul Munir, who is authorised to represent the defendant, 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 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. Meanwhile, Raja Segaran told a press conference said they respectfully disagreed with the outcome of today's outcome and will be filing an immediate appeal to the Court of Appeal. 'We will also be applying for a stay of trial proceedings to preserve the integrity of the appeal process and ensure that the defendant is not prematurely subjected to proceedings that may ultimately be held to be constitutionally impermissible,' he said. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
