KUALA LUMPUR: The High Court has allowed Prime Minister Datuk Seri Anwar Ibrahim's application for a pre-trial ruling on several issues in a lawsuit brought by former research assistant Muhammed Yusoff Rawther.
Justice Raja Ahmad Mohzanuddin Shah Raja Mohzan, in his decision, said that the questions or issues posed in Anwar's application were suitable to be determined as preliminary issues under Order 33 Rule 2 of the Rules of Court 2012.
On March 31, Anwar filed the application under Sections 15 and 15A of the Courts of Judicature Act 1964, stating that a determination of preliminary issues could dispose of the suit, render a trial unnecessary and save time and expenditure.
The application stemmed from Yusoff's lawsuit against him, alleging sexual assault.
Among the questions raised in Anwar’s application are whether his former private secretary Shukri Saad instructed Yusoff to personally deliver a copy of a speech to Anwar’s then Bukit Segambut Dalam residence on Oct 2, 2018; whether Yusoff travelled with Anwar’s former security personnel Norafee Ahmad @ Dekdi from Anwar’s office in Petaling Jaya to the Bukit Segambut residence around 3pm the same day; and whether the alleged meeting between them at the residence took place.
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Justice Raja Ahmad Mohzanuddin allowed the application as there were two events alleged in Yusoff's statement of claim that were "sequential in nature".
"In other words, the plaintiff must first have been present at the defendant's Segambut residence on Oct 2, 2018, before the alleged sexual assault and trespass to the person could have taken place in the study.
"If the preliminary issues are answered in the defendant's favour, the plaintiff's claim will come to an end.
"On the other hand, if they are answered in the plaintiff's favour, the findings will be final and binding, and the continuing trial will be confined to the alleged sexual assault and or trespass to the person.
"Whichever way the preliminary issues are answered, it goes without saying that there will be a substantial saving of time and costs," he said on Wednesday (Sept 30).
Anwar also applied for the issues to be decided either by affidavit or through in-camera proceedings without the presence of the media.
On this matter, Justice Raja Ahmad Mohzanuddin said the preliminary issues could not be determined by way of affidavits and that they must be determined at a trial on viva voce evidence, where the witnesses will be subject to cross-examination.
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He said it was not disputed that the plaintiff had gone to the United Kingdom, applied for asylum and surrendered his Malaysian passport to the authorities there.
The court ordered for the preliminary issues to be conducted in a trial via Zoom to ensure that the plaintiff was able to participate remotely and that it remain open to the press.
"The arrangements for access to the Zoom hearing are left to the discretion of the learned judge who will hear the trial of these preliminary issues.
"For my part, I would respectfully suggest that members of the press be permitted to attend and report on the proceedings. (Their) presence... will be sufficient to serve the principle of open justice while allowing the trial to be conducted in an orderly manner," he said.
The judge, who is scheduled to transfer to the Ipoh High Court, then fixed Nov 5 for case management.
Lawyers Christopher Leong, who represented Anwar, and Muhammad Rafique Rashid Ali, who represented Yusoff, appeared in the proceedings.
Yusoff filed the suit on July 14, 2021, alleging Anwar sexually assaulted him on Oct 2, 2018 at Anwar’s residence in Segambut.
He claimed the incident led to accusations that he was plotting to bring down Anwar and damage the PKR president’s political career, affecting his mental health.
He is seeking special, general, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
Anwar has denied the allegations and filed a countersuit.
In his statement of defence, Anwar said the allegations were "utterly false and fabricated".
He said the alleged assault could not have occurred as he was entertaining family and friends at his Bukit Segambut residence on the date in question.
