Sexual assault: High Court to hear Anwar's preliminary questions in open court

The Kuala Lumpur High Court will hear Prime Minister Anwar Ibrahim’s preliminary questions in the sexual assault suit filed by his former aide, Yusoff Rawther.

Anwar, in his application, posed five questions, including on Yusoff’s (above, right) whereabouts on Oct 2, 2018 - where the latter claimed it was the day the assault took place at the former’s private residence in Segambut.

Judge Raja Ahmad Mohzanuddin Shah Raja Mohzan, in reading his verdict today, said it would save the court’s time and costs to hear and determine Anwar’s questions first, and that such a move would not prejudice Yusoff.

“Having analysed the statement of claim, I find that the main issue in dispute between the parties lies in Section D, namely whether the alleged incident of Oct 2 happened at all. (Subsequent sections) depend entirely on the answer to that question.

“It is therefore significant that all five questions posed in (Anwar’s application) are directed at this very part of the plaintiff’s case,” Mohzanuddin said, in reading out his decision over two hours.

The judge said that Yusoff’s claims point to sequential events, in which, by way of logic, he must have been at the house for the assault alleged to have happened.

“It follows that if the first event did not happen, the second could not have happened either.

“In this regard, I accept that the logic underlying (Anwar’s application) has considerable force.”

He added that the suit will proceed to trial if Anwar’s questions are answered in the negative and vice versa.

Judge favours open proceeding

The court also dismissed Anwar’s application to have his questions examined via affidavit exchange, directing that the matter be heard in open court, via Zoom, as Yusoff is still in the United Kingdom.

“I hereby direct that the trial of the preliminary issues be conducted by remote communications technology, namely by way of Zoom, and that it remains open to the public.

“The arrangement for access to the Zoom hearing is left to the discretion of the learned judge who will hear the trial of the preliminary issues.

“For my part, I would respectfully suggest that members of the press be permitted to attend and report on the proceedings. The close representatives of each party should also be permitted to attend.

“In this regard, I must emphasise that in my view, the principle of open justice does not require the Zoom hearing to be open to an unlimited audience.

“Just as a physical courtroom can only accommodate a limited number of members of the public, a remote hearing need not admit thousands of people before the requirements of open justice are met.

“The presence of the press would be sufficient to serve the principle of open justice, while allowing the trial to be conducted in an orderly manner,” Mohzanuddin stated.

No effect on court's ability

He added that the use of remote communication technology would not affect the court’s ability to observe the witnesses and assess their demeanour, as the evidence will be given in real time and tested via cross-examination as usual.

The court then fixed Nov 5 for case management before a new judge, as Mohzanuddin has been transferred to Ipoh High Court and will begin his tenure there on Nov 1.

Yusoff filed his civil suit in 2021, alleging that Anwar sexually assaulted him at the latter’s private residence in 2018.

He sought RM180 per therapy session, exemplary damages, court costs, five percent per annum interest on any possible judgment sum, and other miscellaneous costs or damages.

Anwar, in his statement of defence and counterclaim filed later in the same year, dismissed the allegation as “false and fabricated”, and driven by an intent to tarnish his political image.

The Tambun MP filed an application to raise preliminary questions in the case on March 31, further denying Yusoff’s claims and saying he was at home with his daughter on the alleged day.

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