by FARAH SOLHI
THE Kuala Lumpur High Court has dismissed Prime Minister Datuk Seri Anwar Ibrahim’s bid to get the Federal Court’s determination on constitutional questions relating to immunity from being sued.
Judge Roy Mawar Rozain, in dismissing Anwar’s application today found that none of the articles raised in his application holds any real, substantial or justifiable question of constitutional law that requires determination by the Federal Court.
“From a judicial perspective, the proposed questions do not appear to meet the threshold of genuine constitutional controversy,” she said.
Therefore, the trial will proceed on June 16 at 9am as scheduled.
Anwar filed the application via his new counsels Messrs Zain, Megat and Murad on May 23, where he sought the High Court’s leave (permission) to have his application heard in Federal Court.
The Tambun MP applied for the Federal Court to determine whether the suit filed against him would constitute as an abuse of process or a threat to public interest and if so, the suit must be tossed out to “preserve constitutional governance.”
He also wanted to seek the Apex Court’s declaration to determine whether he as the sitting PM is entitled to constitutional protection under Article 5(1) of the Federal Constitution.
Muhammed Yusoff Rawther, who was Anwar’s former research officer, had filed the suit in July 2021, claiming he was assaulted at Anwar’s home in Segambut on Oct 2, 2018.
He is seeking general, special, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
In his statement of claim, the 32-year-old plaintiff claimed that he was accused of plotting to taint Anwar’s reputation and political career, following his police report on the incident.
He claimed that the alleged sexual assault and accusations had affected his mental health. As such, Yusoff Rawther is seeking general, aggravated and exemplary damages as well as interest, costs and other relief deemed fit by the court.
Yusoff Rawther is represented by Muhammad Rafique Rashid Ali while Anwar is represented by Datuk Megat Abdul Munir Megat Abdullah Rafaie.
Lawyers Mohamed Haniff Khatri Abdulla, Salim Bashir Bhaskaran and Muhamad Hisham Marzuki appeared in the proceedings as watching briefs for Malaysia Muslim Lawyers Association (PPMM).
MORE TO COME
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