High Court denies Anwar's request to refer questions to Federal Court

The Star

The Kuala Lumpur High Court on Wednesday (June 4) dismissed Datuk Seri Anwar Ibrahim’s application to refer eight legal questions to the Federal Court, including whether the Prime Minister enjoys immunity from lawsuits.   The legal questions relate to a lawsuit filed by Anwar's former research assistant, Muhammed Yusoff Rawther, concerning an alleged sexual assault seven years ago.   Read more at http://rb.gy/hx9o06   WATCH MORE: https://thestartv.com/c/news SUBSCRIBE: https://cutt.ly/TheStar LIKE: https://fb.com/TheStarOnline

Transcript

00:00The Kuala Lumpur High Court has dismissed Datuk Seri Anwar Ibrahim's application

00:04to refer eight legal questions to the federal court,

00:07including whether the prime minister enjoys immunity from lawsuits.

00:11The legal questions relate to a lawsuit filed by Anwar's former research assistant,

00:17Mohamed Youssef Rother, concerning an alleged sexual assault seven years ago.

00:22Judge Roz Mawar-Rozain made the ruling on Wednesday after finding that

00:26none of the articles of a federal constitution cited by Anwar's legal team

00:31give rise to any real, substantial, or justiciable question of constitutional law

00:37requiring determination by the federal court under Article 128, subsection 2

00:43of the federal constitution, or section 84 of Courts of Judicature Act, 1964.

00:52She said from a judicial perspective,

00:54the proposed questions do not appear to meet the threshold

00:57of genuine constitutional controversy.

01:00The prime minister had filed the application on May 23rd,

01:04seeking the high court, which is hearing the suit

01:07to refer the eight legal questions to the federal court.

01:10The eight legal questions include whether,

01:13under Articles 39, 40, and 43 of the federal constitution,

01:19a sitting prime minister enjoys limited immunity from lawsuits concerning allegations

01:25of personal conduct that occurred before his appointment.

01:29The court ruled that the eight proposed questions are speculative,

01:34not necessary to the disposal of this case,

01:37and do not concern the interpretation or validity of any constitutional provision.

01:42On immunity, the court said Articles 39, 40, and 43 on executive authority,

01:50which Anwar applies to refer,

01:52are structural provisions that allocate executive powers but do not confer personal immunity.

01:59The judge further stated that the defendant's contention

02:02that allowing a civil suit based on pre-appointment conduct

02:06may undermine the prime minister's ability to discharge executive functions is flawed.

02:13Judge Rosmauer said furthermore,

02:15Anwar has affirmed readiness to proceed with trial,

02:18and there's no evidence that the suit impairs his ability to perform constitutional duties,

02:24and this court finds no special circumstances warranting a stay of proceedings.

02:30The court also dismissed Anwar's application to stay the hearing of the suit,

02:34and ordered the trial to commence on June 16 as fixed earlier.

02:38She then ordered the defendant to pay the costs of 20,000 ringgit to the plaintiff,

02:43Muhammad Yusof.

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