KUALA LUMPUR: The High Court has fixed June 3 to hear an application filed by Prime Minister Datuk Seri Anwar Ibrahim to refer eight legal questions, relating to immunity from being sued, to the Federal Court.
The application was filed in connection with a lawsuit brought by former research assistant Muhammed Yusoff Rawther, who alleges he was sexually assaulted seven years ago.
High Court judge Justice Roz Mawar Rozain fixed the date during an online case management here on Wednesday (May 28).
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Yusoff's lawyer Muhammad Rafique Rashid Ali confirmed the date in a statement to the press after proceedings ended.
In the application filed last week, Anwar is seeking a court ruling on whether Yusoff's lawsuit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers.
Anwar claimed that the lawsuit was a "manufactured claim" and that he was the victim of "politically motivated reputational sabotage".
In his application, Anwar wants the Federal Court to rule that the High Court is obliged to hold a “threshold inquiry” to determine whether or not the suit constitutes an abuse of process or a threat to public interest, and if so, whether it must be stayed or dismissed “to preserve constitutional governance”.
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He is also seeking the court to determine whether he, as the sitting prime minister, is entitled under Article 5(1) of the Constitution to protection from a vexatious litigant.
Anwar argues that the trial of the main suit before Justice Roz Mawar must be stayed pending the outcome of proceedings in the apex court.
In his statement of claim filed on July 14, 2021, Yusoff alleged that the sexual assault took place on Oct 2, 2018 at Anwar’s residence in Segambut.
The plaintiff claimed that as a result of the incident, he was accused of plotting to bring down Anwar and damage the PKR president's political career, and this affected his mental health.
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He is seeking special, general, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
Anwar then filed a countersuit.
In his statement of defence, Anwar said the allegations against him were “utterly false and fabricated”.
He claimed the alleged assault could not have happened because he was entertaining family and friends at his Bukit Segambut residence.
