Anwar to file appeal against High Court’s decision, says counsel

by FARAH SOLHI

PRIME Minister (PM) Datuk Seri Anwar Ibrahim will appeal the High Court’s decision dismissing his application to seek the Federal Court’s determination on questions of law concerning immunity from being sued.

His counsel, Datuk Seri K Rajasegaran, said the notice of appeal will be filed today, together with a notice of urgency.

A notice of urgency is typically filed when an application requires the court’s immediate attention and expedited processing due to its time-sensitive nature.

“We respectfully disagree with this outcome. The eight questions raised were not abstract or academic — they concerned serious and unresolved constitutional issues, including the protection of executive functions, the risk of politically motivated litigation and the scope of Articles 5(1), 8(1), 39, 40 and 43 of the Federal Constitution.

“This matter involves far-reaching constitutional implications that warrant authoritative clarification by the Apex Court. In accordance with the law, we will be filing an immediate appeal to the Court of Appeal against the High Court’s decision,” he told reporters after today’s proceeding.

He added that Anwar will also be applying for a stay of trial proceedings to preserve the integrity of the appeal process and ensure that he is not prematurely subjected to the proceedings that may ultimately be held to be constitutionally impermissible.

Earlier, High Court Judge Roz Mawar Rozain dismissed Anwar’s application, filed in the sexual assault allegation suit brought by Mohammed Yusoff Rawther against him, after finding the proposed questions, from a judicial perspective, do not appear to meet the threshold of genuine constitutional controversy.

She added that none of the articles raised in Anwar’s application holds any real, substantial or justifiable question of constitutional law that requires determination by the Federal Court.

Rajasegaran said the constitutional questions raised go beyond the facts of this case.

“They touch on the limits of legal process, the dignity of high public office and the structural safeguards embedded in our constitution,” he added.

Meanwhile, Mohammed Yusoff’s counsel, Muhammad Rafique Rashid Ali, said that four witnesses will testify on his client’s behalf, including the plaintiff himself.

“We thank the court today for proving that, so far, our courts and judicial system have defended individual rights. Every individual in Malaysia has constitutional rights and those in power, whether in executive bodies or others, cannot arbitrarily trample on any individual.

“The rule of law has won today, as repeatedly stated in the decision earlier, that whatever issues concerning our law must be in accordance with the Federal Constitution,” he said.

Muhammed Yusoff, who was Anwar’s former research officer, had filed a suit in July 2021, alleging the Tambun MP had sexually assaulted him at the latter’s house in Segambut, Kuala Lumpur on Oct 2, 2018.

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, Muhammed Yusoff is seeking general, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.

On May 23, Anwar filed an application at the High Court, seeking for the court’s leave (permission) to get the Federal Court’s determination on several constitutional questions in relation to immunity from being sued.

His application, which was dismissed today, was initially to seek the Federal Court’s determination on whether the suit filed against him constituted an abuse of process or a threat to public interest, and if so, he argued that it should be dismissed to “preserve constitutional governance”.

Anwar also sought the Apex Court’s declaration to determine whether he, as the current PM, is entitled to constitutional protection under Article 5(1) of the Federal Constitution.

Following the dismissal, the High Court will proceed with the trial on June 16 at 9am, before Judge Roz Mawar, as scheduled.