Court rejects M’sia PM Anwar’s bid to suspend lawsuit against him for alleged sexual misconduct
The court found that the eight constitutional questions posed by Anwar did not meet the required threshold.
The Kuala Lumpur High Court has dismissed Malaysian Prime Minister Anwar Ibrahim’s bid to suspend the civil lawsuit filed against him by Yusoff Rawther, who had accused Anwar of sexual assault.
According to Malaysiakini, Anwar sought to delay the civil lawsuit while awaiting a Federal Court ruling on eight constitutional questions on whether he, as a prime minister, is allowed immunity from civil suits.
On Jun. 4, High Court judge Roz Mawar Rozain said the court found that the eight questions Anwar had requested to refer to the Federal Court did not meet the required threshold.
Anwar had also attempted to request the apex court's ruling on whether permitting the lawsuit would compromise his ability to perform his executive responsibilities effectively and violate the constitutional doctrine of separation of powers.
Roz Mawar also said that the court found "untenable" Anwar's argument that the civil lawsuit about alleged acts committed before taking public office constitutes a deprivation of personal liberty, especially when such litigation is politically motivated.
She said that the trial will proceed as scheduled at 9am on Jun. 16.
“Court rulings on constitutional supremacy demands that all persons, including public office holders, are equally subject to the rule of law,” she said, as quoted by Free Malaysia Today.
"The defendant (Anwar) remains at liberty with full legal capacity and procedural safeguards available.”
Roz Mawar has also ordered Anwar to pay RM20,000 (S$6,000) in costs to Yusoff.
Trial will proceed
Following the court’s decision, Anwar’s lawyer, Alan Wong, requested the court to consider granting a stay while an appeal is filed.
A stay can be issued by a court to pause litigation, though in most cases this is temporary.
Roz Mawar said that while the court will not prevent Anwar from filing an appeal to the Court of Appeal, the trial will not be postponed.
As quoted by Malaysiakini, Wong’s co-counsel Rajasegaran Krishnan told reporters that Anwar’s legal team will be filing an immediate appeal against the High Court’s verdict.
Anwar’s statement
In a Facebook post, Anwar made a statement about the High Court's ruling, reaffirming that his application was “never 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.”
He added that he remains “fully committed to the rule of law, the independence of (Malaysia’s) courts, and the dignity of democratic governance”.
What happened
The lawsuit relates to events that allegedly took place before Anwar took office in November 2022.
In 2021, Yusoff, who was Anwar's research assistant, filed a civil lawsuit against Anwar for alleged sexual misconduct.
Yusoff claimed to be a victim of molestation, indecent exposure and a lewd proposal by Anwar, alleging that the act occurred on Oct. 2 2018 at Anwar’s then-residence in Segambut.
In response, Anwar filed a countersuit against Yusoff in 2021, claiming that Yusoff's allegations were “false and fabricated” to blemish his political image.
According to Malaysia Now, Yusoff is currently in custody at the Sungai Buloh Prison after being dealt with drug trafficking and firearm charges in September 2024.
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Top image via Anwar Ibrahim/Facebook
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