Court to hear Anwar's bid to stay lawsuit over sexual assault claim

Summary

• The Kuala Lumpur High Court will hear on June 3 Anwar Ibrahim’s application to stay Yusoff Rawther’s civil suit pending a Federal Court decision on constitutional questions about immunity for a sitting prime minister.

• Anwar is seeking clarification on whether proceeding with the case would impair his duties and violate the separation of powers.

• Former law minister Zaid Ibrahim earlier called for Anwar to temporarily step down while awaiting the court’s decision.

The Kuala Lumpur High Court will hear Prime Minister Anwar Ibrahim’s application to stay the civil lawsuit brought by Yusoff Rawther, who has accused Anwar of sexual assault.

The application seeks to postpone proceedings for the civil lawsuit pending a Federal Court ruling on eight constitutional questions regarding whether Anwar, as prime minister, is entitled to immunity from civil suits.

Yusoff’s lawyer, Rafique Rashid Ali, confirmed after case management today that High Court judge Roz Mawar Rozain has fixed June 3 for the hearing of Anwar’s stay application.

“Given that the issues raised involve questions of law, the court has directed all parties to promptly present their arguments.

“The judge set June 3 at 2.30pm for the hearing. The court also instructed both sides to identify the legal provisions concerning any immunity a prime minister may have,” Rafique said in a statement today.

He added that Yusoff’s legal team will defend their client’s right to proceed with the case in open court.

Yesterday, it was reported that Anwar had last week filed an application with the High Court, requesting that eight constitutional questions be referred to the Federal Court, centred on whether he gets immunity from civil proceedings initiated by Yusoff, his former research assistant.

In 2021, Yusoff filed a civil action over the allegation that Anwar sexually assaulted him at the PKR president’s office in October 2018.

Anwar is seeking a definitive ruling from Malaysia’s highest court on whether Articles 39, 40, and 43 of the Federal Constitution provide him with qualified immunity against the legal action brought by Yusoff.

Anwar is also asking the apex court to determine whether allowing the lawsuit to proceed would compromise his ability to effectively perform his executive responsibilities and breach the constitutional doctrine of separation of powers.

Anwar, who is also the finance minister, reportedly characterised the lawsuit as being founded on a “manufactured claim” and described himself as the target of “politically motivated reputational sabotage”.

Acting as Anwar’s lawyer, Megat Abdul Munir Megat Abdullah Rafaie stressed that the application was not intended to postpone the trial, but to guarantee that any judicial determination proceeds fairly and within legal parameters.

Earlier today, former law minister Zaid Ibrahim urged Anwar to step down from his prime minister position pending a decision on his application.

Zaid said such an action would be deemed proper in the pursuit of justice and fairness, as the prime minister himself is “embroiled in allegations of immoral criminal misconduct”.

Step down while court decides immunity, ex-minister tells PM

Yusoff Rawther trial: Prosecution closes case, decision June 12

Yusoff Rawther knows, has control of replica pistols in car, court told

Police deny info on 'gun in car' plot to trap Yusoff Rawther