Prime Minister Anwar Ibrahim is dropping his bid for legal immunity in the sexual assault civil suit filed against him by his former aide Yusoff Rawther.
In letters and court filings dated yesterday, the law firm Christopher & Lee Ong said they received instructions from Anwar to discontinue the appeal against a High Court decision dismissing his legal immunity bid and sought to do so without orders on cost.
However, Yusoff’s legal representatives vehemently objected to withdrawing the appeal without cost, insisting that the hearing should proceed as scheduled on March 4.
“If the appellant wants to withdraw this appeal, the matter should be done in person before the panel of judges so the respondents (Yusoff’s lawyers) can argue on the issue of cost,” said the law firm Law Practice of Rafique in response.
It argued that the appeal has dragged on for eight months since it was filed in June last year, despite the court rejecting Anwar’s application for an extension of time to file written submissions to the court.
It noted Anwar has repeatedly changed lawyers and filed various notices and applications that Yusoff’s lawyers had to respond to, and argued that the legal manoeuvres amounted to “inordinate delay tactics” and an abuse of court processes.
During that time, it said Anwar has enjoyed the benefits of having the High Court proceedings put on hold while the appeal is still pending.
“The appellants' move to withdraw the appeal only after enjoying the suspension of proceedings and after the respondents have borne the costs of preparing arguments is clearly prejudicial to our client,” it said.
When contacted, Yusoff’s lawyer Rafique Rashid Ali told Malaysiakini that the case will likely be heard by a new High Court judge.
This is because the presiding judge Roz Mawar Rozain has been transferred.
Yusoff’s lawsuit
Yusoff, who is Anwar’s former research assistant, filed the suit in 2021, alleging that Anwar sexually assaulted him at the PKR president’s office in October 2018.
He sought a court declaration that Anwar perpetrated sexual assault and/or trespassed against him.
He is also seeking RM180 per therapy session, exemplary damages, court costs, five percent per annum interest on any possible judgment sum, and other miscellaneous costs or damages.
Anwar, who had dismissed the allegations as “false and fabricated”, sought to refer eight constitutional questions to the Federal Court and put the High Court proceedings on hold while the matter is being deliberated.
The questions are centred around whether he, as prime minister, enjoys qualified immunity from Yusoff’s legal action.
Roz dismissed Anwar’s bid on June 4 last year as lacking a constitutional basis and ordered the trial to proceed.
However, Anwar appealed against the decision, and the Court of Appeal granted a stay of proceedings while the appeal is being heard.
“We find that a stay of proceedings should be granted due to special circumstances, mainly because without a stay, the appeal would be rendered nugatory.
“We also find no prejudice to any party,” Court of Appeal judge Che Ruzima said at the time. - Mkini
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