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![[UPDATED] High Court rejects Anwar's bid to refer constitutional questions to federal court [WATCH]](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fimages%2Farticles%2FPMXjudge_NSTfield_image_socialmedia.var_1749022242.jpg&w=3840&q=100)
![[UPDATED] High Court rejects Anwar's bid to refer constitutional questions to federal court [WATCH]](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fassets%2FNST-Logo%402x.png%3Fid%3Db37a17055cb1ffea01f5&w=48&q=75){kind=small}
New Straits Times
10 hours ago
- General
- New Straits Times
[UPDATED] High Court rejects Anwar's bid to refer constitutional questions to federal court [WATCH]
KUALA LUMPUR: Prime Minister Datuk Seri Anwar Ibrahim has failed in his bid to refer eight constitutional questions to the Federal Court regarding the legal provisions on the immunity of a sitting prime minister. High Court Judge Roz Mawar Rozain dismissed the application, ruling that it did not meet the requirements under Section 84 of the Courts of Judicature Act (CJA). "Having considered the affidavits, the eight proposed questions, and submissions of all parties (both written and oral), this court is not satisfied that the statutory threshold under Section 84 of the CJA is met. "The questions posed are speculative, not necessary to the disposal of this case, and do not concern the interpretation or validity of any constitutional provision," she said in her decision. Anwar's application is linked to a sexual assault lawsuit filed against him four years ago by his former research officer, Muhammed Yusoff Rawther. The trial is scheduled to begin on June 16. Roz Mawar said the proposed constitutional questions failed to meet the statutory threshold under the section, and that not every question referencing the Federal Constitution warrants referral. "The Federal Court is not a forum for speculative advisory opinions. "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. "This court finds no special circumstances warranting a stay of proceedings," she said. Roz Mawar awarded RM20,000 in costs to Yusoff Rawther. She also ruled that the June 16 trial will proceed. After the proceedings, Anwar's lawyer Datuk Seri Rajasegaran Krishnan said they will file a notice of appeal at the Court of Appeal. On May 23, Anwar applied to the High Court to refer eight legal questions to the Federal Court, which included whether he possesses immunity from a civil suit filed by Yusoff. 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. Yusoff had filed the suit before Anwar became prime minister on Nov 24, 2022. Anwar had asked the court to decide whether Yusoff's suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers. Anwar had also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution. Previously, Anwar's senior political secretary Datuk Seri Shamsul Iskandar Mohd Akin had said there was no attempt in the application to seek absolute immunity. He said Anwar's application to the Federal Court is a lawful process to seek clarity from the court on his position in carrying out official duties when facing a civil suit based on claims that precede his appointment as prime minister. Shamsul Iskandar had said the issue is whether such civil action could interfere with the efficiency of a prime minister in carrying out the executive functions of the state. He had said it is a legitimate and lawful matter to be referred to the Federal Court, the highest judicial institution in the country, with the jurisdiction to interpret the constitution fairly and objectively.
Business Times
15 hours ago
- General
- Business Times
Malaysia court rejects Anwar's bid to pause sex assault suit
[KUALA LUMPUR] Malaysia's High Court rejected Prime Minister Anwar Ibrahim's bid to pause a civil suit by his former aide, who accused the leader of committing sexual assault in 2018. High Court Judge Roz Mawar Rozain ruled that the civil suit did not deprive Anwar of his liberty, and found no merit in arguments that he was being selectively targeted because of his office. She added that the federal constitution does not provide immunity for prime ministers. Anwar's lawyer Alan Wong said they would appeal the court's decision. The trial is due to start on June 16. The setback for Anwar comes years after earlier convictions for committing sodomy and abuse of power – charges which he denied. Those accusations, which Anwar 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. In the current case, the 77-year-old had sought a stay in proceedings as his lawyers seek a Federal Court ruling on whether a sitting prime minister can be sued. Former aide Yusoff Rawther filed the suit in 2021, accusing Anwar of sexually assaulting him in October 2018 in the latter's residence in Kuala Lumpur. The alleged incident occurred before Anwar became prime minister in 2022. Yusoff is seeking special, general, aggravated and exemplary damages. A NEWSLETTER FOR YOU Friday, 8.30 am Asean Business Business insights centering on South-east Asia's fast-growing economies. Sign Up Sign Up Anwar wanted the Federal Court to determine whether allowing the lawsuit to proceed would impair his ability to effectively discharge his executive duties and undermine the constitutional doctrine of separation of powers, according to Wong. Anwar's bid for immunity ahead of the sexual assault civil suit against him could hurt his credibility as the premier crosses the midpoint of his five-year term. The case would have 'far-reaching effects on the rule of law in the country,' Zaid Ibrahim, who served as law minister in 2008, said in a Facebook post last week. Civil society group Lawyers for Liberty said that any suggestion that Malaysia allows immunity for its prime minister from court actions is 'legal nonsense,' according to a May 30 statement. The group called on the Attorney-General to oppose any attempt to grant the prime minister immunity. '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. In September, Yusoff was arrested. He is on trial for charges of drug trafficking and possessing firearms, and faces life imprisonment and caning if convicted. He has denied any knowledge of the two fake pistols and cannabis that police said were found in his car, claiming that he was framed by people in power. BLOOMBERG
The Star
2 days ago
- General
- The Star
PM immunity: High Court to rule on legal questions referral tomorrow
KUALA LUMPUR: The High Court here has set Wednesday (June 4) 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 on Tuesday (June 3) after hearing submissions from lawyer Alan Wong Teck Wei, representing Anwar, and lawyer Muhammad Rafique Rashid Ali, acting for Yusoff, during in-chamber proceedings. 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 (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. Yusoff filed the suit on July 14, 2021, and Anwar, in his statement of defence, contended that 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 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.- Bernama
New Straits Times
2 days ago
- Politics
- New Straits Times
Decision tomorrow on Anwar's constitutional questions to federal court
KUALA LUMPUR: The High Court will deliver its decision tomorrow on Prime Minister Datuk Seri Anwar Ibrahim's application to refer eight constitutional questions to the Federal Court concerning the legal provisions on the immunity of a sitting prime minister. Judge Roz Mawar Rozain set the date after hearing submissions on Anwar's application, which is related to a civil suit alleging sexual assault filed against him by Yusoff four years ago. During proceedings today, lawyer Alan Wong Teck Wei acted for Anwar, who is also Tambun member of parliament, while lawyer Muhammad Rafique Rashid Ali appeared for Yusoff. Previously, Anwar's senior political secretary Datuk Seri Shamsul Iskandar Mohd Akin had stressed that there was no attempt in the application to seek absolute immunity. He had said Anwar's application to the Federal Court is a lawful process to seek clarity from the court on his position in carrying out official duties when facing a civil suit based on claims that precede his appointment as prime minister.
New Straits Times
2 days ago
- New Straits Times
Expired pil kuda sold at low prices as dealers offload old stock
KOTA BARU: Expired pil kuda or amphetamine pills are being sold on the black market as dealers are believed to be desperate to offload their old and degraded stock following stricter enforcement by authorities on both sides of the Malaysia-Thailand border. Kelantan police chief Datuk Mohd Yusoff Mamat said this was reflected in the significant drop in the price of the pills, from between RM11 and RM13 to just RM6 each, in a bid to attract buyers, especially among the youth. He warned that the pills currently in circulation are likely past their shelf life, raising serious health concerns for users. "These pills are masuk angin (expired), but they are still being sold due to continued demand," he said. He was speaking at a town hall programme at Universiti Malaysia Kelantan here today. In 2024 alone, police seized close to one tonne of yaba, a staggering amount that reflects the drug's popularity due to its affordability and highly addictive nature. "Users get hooked easily. Once they take it, they cannot stop. It causes severe brain damage, and currently there is no known medical cure for methamphetamine addiction," he said. Despite receiving threats over his department's aggressive crackdown, Yusoff said he remains unfazed. "I have declared my commitment to fighting drugs. I am not afraid. Our mission is clear to cut off drug supplies and protect our communities," he said. On a related matter, Yusoff said Thai authorities had adopted similar measures to those enforced by Kelantan police to curb cross-border drug trafficking, following Malaysia's move to restrict border crossings in December last year. "Thailand has welcomed our initiative and is now implementing similar actions. "I was also informed that recently that our Thai counterparts have increased their checks on illegal cross-border movements and intensified operations against the drug menace. "This proves that our initiative has been positively received," he said.
