KUALA LUMPUR: The High Court has allowed Datuk Seri Anwar Ibrahim's bid to have five preliminary issues decided before a sexual assault civil suit filed by his former research aide, Muhammed Yusoff Rawther, proceeds to full trial.
Judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan ruled that the issues raised by Anwar were suitable to be determined first under Order 33 Rule 2 of the Rules of Court.
He said the events pleaded by Yusoff were sequential, as he must first establish that he was at Anwar's Segambut residence on Oct 2, 2018, before the alleged sexual assault or 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.
"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," he said today.
Raja Mohzanuddin said either outcome would result in substantial savings in time and costs.
The five preliminary issues include whether Anwar's then private secretary, Shukri Saad, instructed Yusoff to personally deliver a speech to Anwar's Segambut residence.
They also concern whether Yusoff travelled there with Anwar's security personnel, Norafee Ahmad, and whether he met Anwar at the residence that day.
The remaining issues concern whether the alleged sexual assault or trespass to the person could have occurred if Yusoff did not meet Anwar.
They also include whether Yusoff's writ and statement of claim would remain sustainable in law and fact.
The judge also held that Order 33 Rule 2 could apply to questions of fact, even where those facts were disputed.
He said Yusoff was not entitled to insist that every issue be determined only at a full trial.
However, Raja Mohzanuddin ruled that the preliminary issues could not be decided through affidavits alone.
He ordered a trial on the preliminary issues, with witnesses to give oral evidence and be subjected to cross-examination.
The judge also said Yusoff would be allowed to give evidence on the facts and particulars in the relevant parts of his statement of claim before the court turns to the preliminary questions.
The preliminary trial will be conducted via Zoom and remain open to the public.
Raja Mohzanuddin said the hearing would not be held in camera, adding that the principle of open justice could still be preserved through remote proceedings.
He also ordered all further proceedings in the suit to be stayed pending the determination of the preliminary issues.
The further conduct of the suit will depend on the outcome of those issues.
The judge set Nov 5 for case management before a new judge who will hear the preliminary trial, including directions on access to the Zoom hearing and the fixing of trial dates.
Yusoff filed the suit in 2021, alleging sexual assault and claiming the incident affected his mental health.
Anwar has denied the allegations and filed a counterclaim.
In his statement of defence filed on Sept 28, 2021, Anwar alleged that Yusoff had lied under oath to the authorities regarding his allegations.
Anwar, who filed his counterclaim on the same date, also alleged that Yusoff had fabricated the story to tarnish his political career and prevent him from becoming prime minister.
On Sept 9, 2022, the High Court here dismissed Yusoff's application to strike out several paragraphs in Anwar's statement of defence and counterclaim. - NST
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