Latest news with #legalquestions
Free Malaysia Today
4 days ago
- Politics
- Free Malaysia Today
Appeals court to hear Anwar's interim stay to suspend trial on Tuesday
On Wednesday, Justice Roz Mawar Rozain dismissed Prime Minister Anwar Ibrahim's application to refer eight questions to the Federal Court as they failed to cross the threshold set out in Section 84 of the Courts of Judicature Act 1964. (Bernama pic) PUTRAJAYA : The Court of Appeal will hear Prime Minister Anwar Ibrahim's application for an interim stay of the trial of a civil suit filed by a former research assistant on Tuesday, pending the outcome of an appeal. Lawyer K Rajasegaran, who appeared for Anwar, said the date was fixed following case management before a court deputy registrar this afternoon. Rajasegaran said the court also fixed July 21 to hear a permanent stay application of the trial until the outcome of Anwar's appeal to set aside the High Court's refusal to refer eight legal questions arising from the suit. Anwar had wanted the Federal Court to determine whether a sitting prime minister could be given protection from 'frivolous and politically motivated' suits while holding office. In the stay application filed yesterday by Messrs Zain Megat & Murad, the solicitors said there existed special circumstances to suspend the assault suit scheduled to begin in the High Court on June 16. They said the appeal to refer the legal questions to the Federal Court would be nugatory if the trial proceeded. 'The adjournment in the High Court is of utmost importance and is necessary to preserve the principles of justice, equality and constitutional integrity,' they said. They said the postponement would allow for complex and high-impact constitutional questions to be properly determined and interpreted. On Wednesday, Justice Roz Mawar Rozain dismissed Anwar's reference application, when it ruled that all eight questions posed failed to cross the threshold set out in Section 84 of the Courts of Judicature Act 1964. She said none of the articles cited in the Federal Constitution, as argued by Anwar's lawyers, gave rise to any real, substantial and justiciable questions of law that require a determination by the apex court. Roz Mawar had ordered for the trial of Yusoff Rawther's suit to begin at 9am on June 16 as scheduled. The prime minister wanted the apex court to rule whether Articles 5(1), 8(1), 39, 40 and 43 of the Federal Constitution grant him qualified immunity from a suit filed by Yusoff four years ago. The suit relates to events which allegedly took place before Anwar took 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.
Malay Mail
03-06-2025
- General
- Malay Mail
Can a PM be sued? High Court to rule on Anwar's immunity bid tomorrow
KUALA LUMPUR, June 3 — 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 September 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. — Bernama
