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Yusoff Rawther filed a suit against Prime Minister Anwar Ibrahim in 2021.
High Court rejects PMX’s bid for immunity
Update 1
Malaysia
Anwar files appeal against High Court's decision over constitutional issues
Anwar's lawyer, Datuk Seri Rajasegaran Krishnan said the notice of appeal was filed yesterday evening, immediately after the High Court's decision.
Updated 10 seconds ago · Published on 05 Jun 2025 4:14PM
The High Court yesterday rejected Anwar's bid to refer constitutional questions to the Federal Court. - June 5, 2025
PRIME Minister Datuk Seri Anwar Ibrahim has filed a notice of appeal at the Court of Appeal against the High Court's decision yesterday, which rejected his bid to refer constitutional questions to the Federal Court.
Anwar's lawyer, Datuk Seri Rajasegaran Krishnan, told the New Straits Times,"Yes, the notice of appeal was filed yesterday evening, immediately after the High Court's decision."
He said he would file an application for a stay of the trial proceedings either today or tomorrow, along with a certificate of urgency, in relation to the sexual assault suit filed against Anwar by his former research officer, Muhammed Yusoff Rawther.
KUALA LUMPUR, June 4, 2025: The High Court here today rejected Malaysia's 10th Prime Minister (PMX) Anwar Ibrahim’s bid to be declared that he has immunity in civil suits.
Justice Roz Mawar Rozain said the questions posed by the prime minister failed to cross the threshold set out in Section 84 of the Courts of Judicature Act 1964.
She said none of the articles cited in the Federal Constitution, as argued by the defendant’s lawyers, gave rise to any real, substantial and justiciable questions of law that require a determination by the Federal Court.
In the first place, why is Anwar so fearful of fighting out the suit, filed by his former research assistant Yusoff Rawther, in court?
Why does Anwar need to hide behind immunity?
No News Is Bad News reproduces below the court proceedings and our previous posts:
PM to appeal High Court’s dismissal of constitutional issues
Anwar Ibrahim’s lawyer, K Rajasegaran, says they will immediately file an appeal to the Court of Appeal against the High Court’s decision.
Prime Minister Anwar Ibrahim’s legal team (from left) Megat Abdul Munir Megat Abdullah Rafaie, K Rajasegaran and Alan Wong at the press conference outside the Kuala Lumpur court complex.
KUALA LUMPUR: Prime Minister Anwar Ibrahim will file an urgent appeal against the High Court’s decision to dismiss his application to refer eight legal questions arising from a civil suit filed by a former research assistant.
At a press conference held shortly after the decision was handed down today, Anwar’s lawyer, K Rajasegaran, said they will immediately file an appeal to the Court of Appeal against the High Court’s decision.
Rajasegaran said the eight questions submitted are neither abstract nor academic in nature, but pertain to serious and unresolved constitutional issues.
He said the issues include 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.
“We will also be applying for a stay of trial proceedings to preserve the integrity of the appeals process and to ensure that the defendant (Anwar) is not subjected to proceedings that may ultimately be found to be unconstitutional,” he said.
Earlier today, Justice Roz Mawar Rozain said the questions posed by the prime minister failed to cross the threshold set out in Section 84 of the Courts of Judicature Act 1964.
She said none of the articles cited in the Federal Constitution, as argued by the defendant’s lawyers, gave rise to any real, substantial and justiciable questions of law that require a determination by the Federal Court.
Roz Mawar also said the trial of Yusoff Rawther’s suit will begin at 9am on June 16 as scheduled, after rejecting an application by another member of Anwar’s legal team, Alan Wong, for a stay pending appeal.
In the application filed by the recently appointed solicitors, Messrs Zain Megat & Murad, Anwar said the apex court must decide whether the suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers.
At the hearing, lawyer Rafique Rashid Ali, representing Yusoff, called for Roz Mawar to reject the reference application, saying it has no direct bearing on the dispute before the court.
He said Article 43 of the constitution did not expressly or implicitly shield a sitting prime minister from any lawsuits.
Yusoff, a grandson of the late Penang consumer advocate SM Mohamed Idris, claims he was assaulted at Anwar’s home in Segambut in October 2018.
He is seeking general, special, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
Anwar denies the claim and has filed a countersuit.
Friday, 30 May 2025
LFL: PMX's bid for immunity is legal nonsense
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LFL: PMX's bid for immunity is legal nonsense
KUALA LUMPUR, May 30, 2025: Lawyers for Liberty (LFL) has described Malaysia's 10th Prime Minister (PMX) Anwar Ibrahim’s attempt to seek immunity for himself ahead of a sexual assault civil suit against him as “preposterous” and without any legal basis.
LFL also questioned the invocation of Articles 39, 40 and 43 of the constitution by Anwar's lawyer, referring to questions posed to the Federal Court to seek immunity for the prime minister.
“These provisions only relate to the executive authority of the Federation, that the Agong acts on advice and the formation of the Cabinet. It does not accord any sitting prime minister with immunity, and any attempt to include this goes against established principles on interpretation of constitutional provision,” LFL director Zaid Malek said.
“In short, to suggest that in our country the prime minister has immunity from court actions by the public is legal nonsense,” he added.
No News Is Bad News republishes below a news report slamming Anwar’s bid for immunity ala Donald Trump-style and our previous post:
News
Legal nonsense, say lawyers as AG urged to put brakes on Anwar's 'outlandish' immunity bid
The attorney-general as guardian of public interest cannot ignore the matter, says Lawyers for Liberty.
May 30, 2025 12:47 PM
Attorney-General Mohd Dusuki Mokhtar (right) urged to stop Anwar Ibrahim's bid to seek immunity ahead of a sexual assault civil trial involving the prime minister.
Vocal rights group Lawyers for Liberty (LFL) has weighed in on the recent controversy sparked by Prime Minister Anwar Ibrahim's attempt to seek immunity for himself ahead of a sexual assault civil suit against him, calling the move "preposterous" and without any legal basis.
LFL also questioned the invocation of Articles 39, 40 and 43 of the constitution by Anwar's lawyer, referring to questions posed to the Federal Court to seek immunity for the prime minister.
"These provisions only relate to the executive authority of the Federation, that the Agong acts on advice and the formation of the Cabinet. It does not accord any sitting prime minister with immunity, and any attempt to include this goes against established principles on interpretation of constitutional provisions," said LFL director Zaid Malek in a statement.
"In short, to suggest that in our country,the prime minister has immunity from court actions by the public, is legal nonsense," he said.
Under Article 183 of the Federal Constitution, only the Agong and ruler of a state are immune from civil or criminal suits in his personal capacity unless such a suit is authorised by the attorney-general.
Zaid reminded that the Agong could still face civil and criminal cases under the same Article.
"It would be untenable and unacceptable for the PM to be given an immunity which the Agong does not possess.
"In these circumstances, it is the legal duty of the attorney-general to intervene in the civil suit and oppose the attempt to immunise the prime minister. The AG as the guardian of the public interest cannot ignore this matter and do nothing."
Anwar is being sued by Muhammed Yusoff Rawther, his former research assistant, who alleges that the PKR leader sexually assaulted him in October 2018, just days before he won the Port Dickson by-election.
The trial is scheduled to begin on June 16 at the Kuala Lumpur High Court.
Yusoff, 33, is currently on remand at the Sungai Buloh Prison after he was slapped with drug trafficking and firearms charges following a controversial police raid on his car in September last year. He has strongly denied the allegations, stating repeatedly that he was a victim of those in power, naming Anwar and his former political secretary Farhash Wafa Salvador as those who harboured a grudge against him.
Anwar's application for immunity has sparked strong reactions from politicians and the legal fraternity, many of whom described it as unprecendented and shocking.
In an affidavit filed in the Kuala Lumpur High Court last week, Anwar's newly appointed lawyer Megat Abdul Munir Megat Abdullah Rafaie also sought for a stay of proceedings of the civil hearing pending the application to the Federal Court.
Among others, Anwar wants the apex court to decide "whether a sitting prime minister enjoys a qualified immunity from civil suits in respect of alleged private acts predating his appointment", adding that the civil suit would "impair the effective discharge of his executive functions and undermine the constitutional separation of powers".
He is also seeking a ruling on whether allowing a civil suit involving allegations made against him before he took office would destabilise the "core institution of government", expressing concerns over his reputation due to "vexatious litigation that is strategically timed or politically weaponised to undermine his ability to govern".
Further, Anwar has invoked the courts' obligation "to protect a public officeholder's liberty and dignity from litigation that may impair the ability to discharge public duties, where no criminal guilt has been established."
Zaid Malek.
LFL said it was irrelevant that the alleged sexual assault occurred before Anwar assumed top office.
"If this was a factor, then it would deprive the legal rights of any persons to make a legitimate claim against any current or prospective prime minister, which is a clear breach of the equality principles espoused in Article 8 of the Federal Constitution, which states that 'all persons are equal before the law'."
It said Anwar as the PM has a legal and moral obligation to uphold the constitution and not try to "renounce or alter the fundamental principles enshrined within it".
"The fact that Anwar has filed this outlandish application should ring a loud alarm bell to all Malaysians as it is a backdoor attempt to introduce a concept of legal immunity to the prime minister, the leader of the executive branch, simply by virtue of his position.
"This is not a concept that exists in any democratic country; it is a blatant violation of the rule of law and a flagrant feature of authoritarianism," said LFL's Zaid.
Tuesday, 27 May 2025
BOMBSHELL: PMX Anwar seeks immunity ala Trump-style over Rawther’s sexual assault suit?
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BOMBSHELL: PMX Anwar seeks immunity ala Trump-style over Rawther’s sexual assault suit?
KUALA LUMPUR, May 27, 2025: News portal MalaysiaNow today posted a report claiming that, in an unprecedented move, Anwar Ibrahim is seeking immunity as prime minister over a sexual assault suit filed by Yusoff Rawther.
Seriously, why does Malaysia’s 10th Prime Minister (PMX) need to resort to using immunity in the suit?
Has PMX lost confidence in the judicial system that he needs to resort to seeking immunity ala Donald Trump-style?
Why is Anwar trying to avoid fighting the suit in court and counter sue Muhammed Yusoff Rawther?
No News Is Bad News reproduces below MalaysiaNow and Free Malaysia Today's news reports:
New twist in Yusoff Rawther sexual assault suit as Anwar bids for immunity as PM
In an unprecedented move, the prime minister says the civil case against him could affect his role in carrying out his duties assigned by the Agong.
May 27, 2025 3:07 PM
Yusoff Rawther (right) is suing Anwar Ibrahim for allegedly assaulting him sexually in 2018.
Prime Minister Anwar Ibrahim has referred an upcoming sexual assault suit against him to the Federal Court in an unprecedented move to seek immunity, court filings show.
His newly appointed lawyer Megat Abdul Munir Megat Abdullah Rafaie has also applied for a postponement of the trial, which is due to start on June 16 at the Kuala Lumpur High Court.
The suit filed by Muhammed Yusoff Rawther, who was a research assistant at Anwar's bungalow office in Petaling Jaya, alleges that the PKR leader sexually assaulted him in October 2018, just days before he won the Port Dickson by-election.
Yusoff is currently on remand at the Sungai Buloh Prison after he was slapped with drug trafficking and firearms charges following a controversial police raid on his car in September last year.
The 33-year-old has strongly denied the allegations and stated in court that he was a victim of those in power, naming Anwar and his former political secretary Farhash Wafa Salvador as those who harboured a grudge against him.
In a new affidavit filed with the Kuala Lumpur High Court last week and sighted by MalaysiaNow, Anwar's lawyer Megat Munir applied for a stay of proceedings until the Federal Court has clarified a set of questions.
Citing Articles 39, 40 and 43 of the constitution which largely relate to the Yang di-Pertuan Agong's powers to appoint the prime minister, Anwar asked the Federal Court to decide "whether a sitting prime minister enjoys a qualified immunity from civil suits in respect of alleged private acts predating his appointment", adding that the civil suit would "impair the effective discharge of his executive functions and undermine the constitutional separation of powers".
Anwar is also seeking the apex court's ruling on whether allowing a civil suit involving allegations made against him before he took office would destabilise the "core institution of government".
Other questions put to the Federal Court concerned his reputation amid "vexatious litigation that is strategically timed or politically weaponised to undermine his ability to govern".
He also invoked the courts' obligation "to protect a public officeholder's liberty and dignity from litigation that may impair the ability to discharge public duties, where no criminal guilt has been established."
Under Article 183 of the Federal Constitution, only the Agong and the ruler of a state shall be immune from civil or criminal action in his personal capacity unless such action is authorised by the attorney-general.
News
'Flawed, incomplete and full of gaps': Court urged to throw out case against Yusoff Rawther
Defence cites similar cases in the past in which the prosecution's failure to link illegal items to the accused led to acquittals.
May 14, 2025 7:27 PM
Yusoff Rawther during a viewing session of his Nissan Teana at the Kuala Lumpur High Court.
The Kuala Lumpur High Court has been told that it has no choice but to dismiss the case against Muhammed Yusoff Rawther, the former research assistant to Anwar Ibrahim who was charged under drugs and firearms laws following a controversial police raid on his car in September last year.
The defence said the police investigation was flawed from the outset and hampered by conflicting statements from prosecution witnesses, resulting in Yusoff being denied a fair trial as guaranteed by the constitution.
The defence also addressed an anonymous call to the police in the early hours of Sept 6 last year, in which the police received specific details of Yusoff's car parked outside his home.
"It was a very specific tip-off. It contained precise information about the Nissan Teana PMH6931, including the exact location where the car was parked. This was admitted by police witnesses," the defence in more than 50 pages of written submission to the court yesterday.
The defence referred to a similar case from 1992, in which the court acquitted a man who had been arrested after police found packages of heroin in his car.
In that case, the court had ruled that mere knowledge of the presence of the items was not sufficient to prove possession, and that the defendant's behaviour before or at the time of his arrest was not suspicious.
In the cited case, the coutrt had also noted that the items had not been dusted for fingerprints to establish if the accused had come into contact with traces of heroin.
By comparison, the defence argued that Yusoff was not even in the car at the time of the raid.
"Therefore, the defence is of the opinion that the prosecution failed to prove the element of the accused person's knowledge in this case," it added.
Yusoff, the grandson of the late Penang consumer advocate SM Mohamed Idris, is charged under Section 39B of the Dangerous Drugs Act 1952 and Section 36 of the Firearms Act.
The 32-year-old, who worked as Anwar's research assistant at the politician's bungalow office in Bukit Gasing, Petaling Jaya in 2018 before he lodged a police report, and later, a lawsuit alleging that the PKR leader sexually assaulted him in October 2018, has consistenly denied any knowledge of the two pistols and 305g of cannabis that police said were found in his car.
Throughout the investigation and trial, Yusoff maintained that he was framed by people in power who harbour a grudge against him due to his ongoing civil suit for sexual assault against Anwar.
He has filed two police reports with names of people to be investigated, including Anwar's former political secretary Farhash Wafa Salvador. Police have yet to comment on the status of the reports.
In its submission, the defence also recalled the questioning of a police witness who was asked about Anwar's 2020 statement in which he said that he would not forgive Yusoff.
The witness, investigating officer Aiman Suhaimi, also agreed when reminded that Anwar had since assumed the most powerful position in the country.
Aiman further agreed with the defence's suggestion that Anwar may still not have forgiven Yusoff and the prime minister may harbour a grudge against him.
The defence said another police witness, Muhd Zuhairi Md Zuhir, admitted that no fingerprints were collected from the items found in Yusoff's car.
Zuhairi was asked about the fact that Anwar or his aides had never been questioned by police during the investigation, even though the police were aware about Anwar's statement that he would not forgive Yusoff.
In addition, the defence pointed out that the CCTV cameras at the two locations where the police found the items - Jalan Bukit Kiara and outside the police headquarters in Kuala Lumpur - were either non-existent or not working.
"Why did the investigating officers not look into the other facts such as revenge and 'planting drugs and pistols' which are closely related to the cases or issues that already exist between the accused and the people he named?
"We therefore submit that the police investigation, which was incomplete, selective and deeply flawed, prejudiced the defendant's right to a fair trial," said the defence.
It said there were major gaps in the prosecution's case, particularly in relation to Yusoff's possession and control of the Nissan Teana car before the drugs and firearms were found during the raid.
"We submit that the accused should not be called to enter defence simply to fill these gaps," it added.
The court is expected to announce its decision on June 12.
Anwar seeks ruling on whether he has immunity from civil suits as PM
8 hours ago
The prime minister wants the Federal Court to determine eight legal questions, and for Yusoff Rawther’s lawsuit to be stayed until then.
Yusoff Rawther filed a suit against Prime Minister Anwar Ibrahim in 2021.
KUALA LUMPUR: Prime Minister Anwar Ibrahim is asking the High Court here to refer eight questions of law to the Federal Court for determination, including whether he has immunity from a civil suit brought against him by a former research assistant.
Anwar said he wants the apex court to rule whether Articles 39, 40 and 43 of the Federal Constitution grant him qualified immunity from a suit filed by Yusoff Rawther four years ago.
The suit relates to events which allegedly took place prior to Anwar taking office on Nov 24, 2022.
In the application filed by his newly appointed solicitors, Messrs Zain Megat & Murad, last week, Anwar asked the court to decide whether the suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers.
He also wants the apex court to rule whether the continued progress of the suit will offend his right to equal protection under the law, as prescribed in Article 8(1) of the constitution, particularly as he claims that the suit is an abuse of process.
Anwar says the suit is premised on a “manufactured claim” and that he is the victim of “politically motivated reputational sabotage”.
He also wants the Federal Court to rule that the High Court is obliged to hold a “threshold inquiry” to determine whether the suit constitutes an abuse of process or a threat to public interest, and if so, whether it must be stayed or dismissed “to preserve constitutional governance”.
The application also seeks a determination as to whether Anwar, as the sitting prime minister, is entitled under Article 5(1) of the constitution “to protection from a vexatious litigant” bringing a suit that is “strategically timed or politically weaponised to undermine his ability to govern”.
Anwar is seeking the reference under Article 128(2) of the constitution.
He says the trial of the suit before Justice Roz Mawar Rozain must be stayed pending the outcome of proceedings in the apex court.
Lawyer Megat Abdul Munir Megat Abdullah Rafaie, who affirmed the supporting affidavit, said the application was made not to delay the trial but to ensure that any adjudication is conducted fairly and in accordance with the law.
The lawyer said the questions posed met the reference requirements set out in Section 84 of the Courts of Judicature Act 1964.
Lawyer Rafique Rashid Ali, representing Yusoff, said he had been served with the cause papers by Anwar’s solicitors.
“An online case management has been fixed before Roz Mawar at 1pm tomorrow,” he told FMT.
The application will be heard by Roz Mawar who must determine whether the matter has crossed the required threshold for reference to the Federal Court.
Yusoff, a grandson of the late Penang consumer advocate SM Mohamed Idris, filed the suit against Anwar in 2021, claiming that he was assaulted at the PKR president’s home in Segambut in October 2018.
He is seeking general, special, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
Anwar has denied the claim and filed a countersuit.
The High Court last year fixed the trial to be heard from June 16 to 19 and June 23 to 25.
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