KUALA LUMPUR: The Court of Appeal has approved Prime Minister Datuk Seri Anwar Ibrahim’s request for a temporary stay of a civil lawsuit filed by his former aide, Muhammed Yusoff Rawther, in relation to allegations of sexual assault.
The appellate court’s decision, delivered on Tuesday, effectively suspends all related legal proceedings ahead of the scheduled trial date of 16 June. The suspension will remain in force until the full hearing of Anwar’s stay application on 21 July.
A three-member judicial panel led by Court of Appeal judge Datuk Supang Lian, and comprising Datuk Faizah Jamaludin and Datuk Ahmad Fairuz Zainol Abidin, unanimously granted the stay following submissions from both parties. The panel emphasised its authority under Section 44 of the Courts of Judicature Act 1964 to issue an interim order to safeguard the integrity of the main stay application.
“We are of the considered view that under the provisions of Section 44, the court is empowered to make an interim order to preserve the integrity of the appellant’s application, pending its full disposal,” the panel stated.
This ad-interim stay means that all aspects of the trial will be halted temporarily. During the proceedings, the panel reminded both parties to focus strictly on arguments relating to the stay and not to delve into other elements of the case.
Anwar, 77, who is also President of Parti Keadilan Rakyat (PKR), is seeking to halt the High Court trial to allow time to pursue a referral to the Federal Court. He aims to have eight constitutional questions determined, one of which involves whether a sitting prime minister holds qualified immunity from civil litigation during their term in office.
Last week, the High Court dismissed Anwar’s application for referral, deeming the constitutional questions as speculative and lacking genuine controversy. Justice Roz Mawar Rozain reiterated that all individuals, including members of the executive, are equal before the law and not immune from personal or civil liability. A separate application for a stay was also refused, as the court found no special circumstances warranting such relief.
During Tuesday’s submission, Anwar’s counsel, Alan Wong, contended that proceeding with the trial as scheduled would render the Federal Court referral application ineffective. He stressed that the questions raised were substantial and deserved thorough examination by the country’s highest court.
Wong further argued that should the seven-day trial proceed from 16 June, it could detract significantly from the prime minister’s focus on national governance. He maintained that postponing the trial would cause no irreversible harm to the plaintiff, as any potential remedy could still be granted subsequently.
“The imbalance of prejudice is clear. There is no reversible harm if the trial is postponed, but the potential damage to the Prime Minister’s Office is irreversible,” he submitted.
Representing Yusoff, lawyer Rafique Rashid countered that the trial dates had been fixed since June of the previous year, and that Anwar had ample time to prepare for the proceedings. He highlighted that the prime minister had assumed office in November 2022 and had more than a year to anticipate the legal timeline.
“Despite this, the referral application was only filed 23 days before trial. The matter is fully ripe for hearing, and there are no procedural or legal justifications for further delay,” Rafique said. He added that Anwar’s claim of political motivation behind the suit could be addressed during the course of the trial itself.
-The Edge Malaysia
