Yusoff denied polygraph results in sex assault suit against Anwar

The Kuala Lumpur High Court denied an application by Muhammad Yusoff Rawther to compel the police to disclose the results of a polygraph test he took in December 2019.

Judge John Lee Kien How @ Mohammad Johan Lee this afternoon dismissed the third-party discovery by Yusoff, who wanted to rely on it to strengthen his sexual assault lawsuit against Prime Minister Anwar Ibrahim.

Back on Dec 17, 2019, the plaintiff went to Bukit Aman to undergo a polygraph test over a police probe into his sexual misconduct claims against Anwar.

Later in 2021, Yusoff filed a civil action over the allegation that Anwar had sexually assaulted him at the PKR president’s office in October 2018.

Yusoff came into the limelight on Dec 4, 2019, during a press conference where he revealed his statutory declaration containing the sexual assault allegation against Anwar.

The Attorney-General’s Chambers announced on Jan 14, 2020, that there was a lack of evidence to charge Anwar in the criminal courts over the allegation.

Yet to gain acceptance

In this afternoon’s open-court proceedings, Johan ruled that plaintiff Yusoff did not elaborate clearly why he needs the polygraph test results and why it is relevant to the lawsuit against Anwar.

The judge noted that Yusoff himself in a previous court filing claimed that information about the polygraph test was “irrelevant and unnecessary, and that the matter of the test result would delay the trial.”

“The law is clear, he cannot approbate and reprobate or as the legal saying has it, he cannot blow it hot and cold at the same time,” Johan said.

The judge pointed out that as agreed by all parties, the polygraph test has yet to gain acceptance or be deemed reliable in most court jurisdictions, thus allowing it would create more disputes and uncertainty instead of helping in the fair disposal of the lawsuit.

Johan noted that while the polygraph tests are not protected under the Official Secrets Act 1972, such tests still form part of the police’s investigations and are protected under Section 124 of the Evidence Act 1950, hence it is not for public consumption.

“I have to agree with third parties (the police) that this practice if allowed now, would open the floodgates and become a trend by the claimants out there to use the help of the police force to establish their private action in civil courts.

“This must not be condoned,” he said.

‘False and fabricated’

In dismissing the third-party discovery application, the judge ordered Yusoff to pay RM5,000 in costs to the police.

Counsel Mohamed Haniff Khatri Abdulla appeared for Yusoff, while lawyer Navpreet Singh represented defendant Anwar.

Senior federal counsel Mohammad Al-Saifi Hashim acted for the police force, the third party targeted by the discovery application.

The lawsuit has yet to be fixed for a full trial.

In his statement of claim for the suit, Yusoff is seeking a declaration that Anwar had perpetrated sexual assault and/or trespass 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.

In his statement of defence and counterclaim filed in September 2021, Anwar rubbished the sexual assault allegation as “false and fabricated” as well as driven by an intent to “tarnish Anwar’s political image and to ensure that Anwar did not become prime minister”. - Mkini