Anwar files appeal against High Court's dismissal of bid to refer immunity questions to apex court


Photo: Bernama

KUALA LUMPUR: Prime Minister Datuk Seri Anwar Ibrahim has filed a notice of appeal against the High Court's decision to dismiss his application to refer eight questions of law to the Federal Court, including whether he is immune from lawsuits.

In the notice filed through Messrs Zain Megat & Murad on Thursday (June 5), Anwar said that he was unsatisfied over the entirety of the decision by Justice Roz Mawar Rozain who also ordered RM20,000 in costs to be paid to the plaintiff.

The application by Anwar was in relation to a sexual harassment lawsuit filed by his former research assistant, Muhammad Yusoff Rawther, who claimed sexual assault by Anwar in 2018.

On Wednesday (June 4), Justice Roz Mawar dismissed Anwar's application on grounds that the questions failed to meet the threshold for referral under the Federal Constitution and the Courts of Judicature Act.

In her decision, she said the questions did not raise any substantial constitutional issues.

Anwar filed the application on May 23, seeking the High Court, which is hearing the suit, to refer the legal questions to the apex court.

The questions include whether, under Articles 39, 40 and 43 of the Federal Constitution, a sitting prime minister enjoys limited immunity from lawsuits involving allegations of personal conduct that occurred before his appointment.

On July 14, 2021, Muhammed Yusoff filed the lawsuit against Anwar, claiming sexual assault. Anwar, in his defence, contended that the former had lied under oath to authorities regarding the alleged sexual assault incident.

Anwar then filed a counterclaim on Sept 28, 2021, alleging that Muhammed Yusoff had fabricated the story about the sexual assault to tarnish his political career and prevent him from becoming prime minister.

 

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