Latest news with #legalimmunity
South China Morning Post
11 hours ago
- Politics
- South China Morning Post
Malaysia's Anwar given second chance to prove immunity from sexual assault suit
Malaysian Prime Minister Anwar Ibrahim will be allowed to argue that he has legal immunity from a sexual harassment civil suit after the Court of Appeal ruled in his favour on Tuesday, just days before proceedings were due to start. Advertisement The suit, brought by Anwar's former research assistant Muhammed Yusoff Rawther, alleges that Anwar sexually assaulted him in 2018 at the then-opposition leader's private residence. Anwar has denied the allegations. The case risks resurfacing controversies that have overshadowed Anwar's political career for years. On June 4, the High Court dismissed Anwar's attempt to invoke legal immunity as prime minister to block the suit, exposing him to a potentially damaging court case. It said he was 'seeking to create new immunity where none exists constitutionally'. However, on Tuesday, the appellate court set aside that ruling in a unanimous decision. Advertisement 'We hereby make an ad interim order to stay all proceedings, including full trial at the High Court, pending the disposal of the appellant's application,' Judge Supang Lian said on behalf of her panel members, Faizah Jamaludin and Ahmad Fairuz Zainol Abidin. The decision puts the civil trial on hold until the appellate court rules on whether to allow the matter to be be brought before the Federal Court. Malaysia's apex court is the final authority on the question of immunity.
Independent Singapore
5 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)
Free Malaysia Today
6 days ago
- Politics
- Free Malaysia Today
Anwar denies seeking immunity after losing bid to refer Yusoff Rawther's suit to apex court
Prime Minister Anwar Ibrahim today said he wanted to ensure that high public office is protected from litigation that may be strategically timed, politically motivated, or institutionally disruptive. PETALING JAYA : Prime Minister Anwar Ibrahim has rejected suggestions that he is seeking personal immunity from legal proceedings, after the High Court dismissed his application to refer eight legal questions arising from a civil suit filed by a former aide to the Federal Court. Anwar's remarks come amid public and political debate surrounding a civil suit filed by former research assistant Yusoff Rawther, in which questions have arisen about whether the prime minister is seeking legal immunity to avoid standing trial. 'This matter has never been about seeking personal immunity or escaping legal scrutiny,' said Anwar in a Facebook post. '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. 'I remain fully committed to the rule of law, the independence of our courts, and the dignity of democratic governance.' Anwar said the legal process will continue as required, and that he will 'continue to discharge (his) responsibilities without distraction or compromise'. At a press conference after the High Court decision, his lawyer, K Rajasegaran, said Anwar's legal team will immediately file an appeal to the Court of Appeal. Rajasegaran said the eight questions submitted are neither abstract nor academic in nature, but pertain to serious and unresolved constitutional issues. Last Tuesday, Anwar filed an application asking the Kuala Lumpur High Court to refer eight questions of law to the Federal Court for determination, including whether he has immunity from the civil suit brought against him by Yusoff four years ago. He said he wanted the apex court to rule whether Articles 39, 40 and 43 of the Federal Constitution grant him qualified immunity from the suit. Opposition leader Hamzah Zainudin then criticised Anwar, stating that Article 8(1) of the Federal Constitution guarantees equality under the law. Hamzah said no one, not even the prime minister, is above the law. The eight questions of law are linked to a civil suit filed by Yusoff over alleged incidents that took place before Anwar assumed office on Nov 24, 2022. Yusoff, a grandson of the late Penang consumer advocate SM Mohamed Idris, claims he was assaulted at Anwar's home in Segambut in October 2018. He is seeking general, special, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court. Anwar denies the claim and has filed a countersuit.
South China Morning Post
28-05-2025
- General
- South China Morning Post
Malaysia's Anwar compared to Donald Trump by critics for seeking legal immunity
Malaysia 's Prime Minister Anwar Ibrahim 's claim of legal immunity in a civil suit brought by a former aide has drawn unflattering comparisons to US President Donald Trump , with critics accusing him of shielding himself from accountability. Anwar, who became the country's leader in 2022, is fighting a suit filed by his former aide Yusoff Rawther, who accused the 78-year-old of molesting him in 2018. His lawyers, however, asked Malaysia's Federal Court on Tuesday to affirm that the prime minister enjoyed immunity from civil suits, which would otherwise impede his executive function and 'undermine the constitutional separation of powers'. Former law minister Zaid Ibrahim said a potential ruling in favour of Anwar's legal defence could have a far-reaching effect on the rule of law in the country. 'It's comparable to Donald Trump's recent referral to the US Supreme Court on his claim for immunity,' Zaid said on Facebook on Tuesday evening. The former leader in Anwar's Parti Keadilan Rakyat (PKR) party, who left in 2010 after alleging fraud in the party's election, said: 'There, the [US] court ruled that the immunity does not extend to unofficial conduct and personal misconduct.'
