Appeals court grants Anwar temporary stay in Yusoff Rawther suit

PUTRAJAYA: The Court of Appeal has allowed an application by Prime Minister Datuk Seri Anwar Ibrahim to temporarily stay the hearing of a lawsuit filed by his former research assistant Muhammed Yusoff Rawther over allegations of sexual harassment.

In a unanimous decision, a three-judge panel chaired by Justice Supang Lian said Tuesday (June 10) the appellate court was empowered under Section 44 of the Courts of Judicature Act 1964 to make an ad interim order to preserve the integrity of Anwar’s stay application pending the disposal of his appeal against the High Court’s decision that dismissed his application to refer eight legal questions to the Federal Court.

“Accordingly, we hereby make an ad interim order to stay all proceedings, including the full trial at the High Court,” Justice Supang said in online proceedings.

The hearing of the main lawsuit by Yusoff was initially fixed to begin on Monday (June 16).

Other judges on the bench were Justices Faizah Jamaludin and Ahmad Fairuz Zainol Abidin.

Earlier, the panel heard from Anwar’s counsel, Alan Wong, that if the full trial proceeds, the effects would be “irreversible”.

“The constitutional issues raised (in the application) would have been overtaken by events,” he said.

Wong submitted that, as the appellant was a sitting prime minister, he would be required to divert his attention and resources from government business to attend to the trial, disrupting his official function.

“To assist the court in appreciating the scale of this disruption, I have instructions to tender a copy of the Prime Minister’s schedule during the trial period,” he said, requesting that the document be received under seal.

Lawyer Muhammad Rafique Rashid Ali, who represented Yusoff, objected on the grounds that any introduction of a material should have been done in an affidavit form.

Rafique also submitted that the trial dates were fixed a year ago on June 6 and this meant the appellant had “very well known” he was due in court.

“The trial is supposed to commence next week. He (Anwar) has had more than enough time to prepare for this trial, knowing fully well that everyone has to submit to the court system,” he said.

Rafique also submitted that the court should consider whether or not the appeal has any chance or prospect of success.

“Simply put, the appeal is doomed to fail. There are no special circumstances (to warrant the stay),” he said, adding that the trial must proceed.

On the application to insert the Prime Minister’s schedule, the panel said it took judicial notice of the matter.

“We take judicial notice that the Prime Minister is busy and has a full schedule on any day. Therefore, there is no necessity to tender the schedule as proposed,” Justice Supang said.

Anwar is applying for a stay of the main trial in the lawsuit pending his appeal against the High Court’s decision that rejected his application to refer eight legal questions to the Federal Court, including whether he is immune from lawsuits.

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.

The application by Anwar was concerning a sexual harassment lawsuit filed by Yusoff, who claimed sexual assault in 2018.

On June 4, High Court judge Justice Roz Mawar Rozain dismissed Anwar’s application on the grounds that the questions failed to meet the threshold for referral under the Federal Constitution and the Courts of Judicature Act.

On July 14, 2021, Yusoff filed the lawsuit against Anwar, who contended in his defence that the plaintiff had lied under oath to authorities regarding the alleged assault.

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

The hearing for a full stay application has been fixed for July 21.