The High Court will hear on June 3 an application by Prime Minister Anwar Ibrahim to refer eight questions of law to the Federal Court for determination, including whether he has immunity from a civil suit scheduled for trial next month.
Lawyer Rafique Rashid Ali, who appeared for Yusoff Rawther, said Justice Roz Mawar Rozain fixed the date after a case management conducted online this afternoon.
“Parties will appear before the judge at 2.30pm next Tuesday and make oral submissions before a ruling is handed down,” Rafique told FMT.
Roz Mawar has to determine whether the legal questions posed cross the threshold for them to be referred to the Federal Court.
Lawyers Megat Abdul Munir, Alan Wong, Shahir Tahir and Kavyaasrini Mahendran appeared for Anwar.
The prime minister 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 four years ago.
The suit relates to events which allegedly took place before Anwar took office on Nov 24, 2022.
In the application, filed by his newly 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.
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 has also applied for the trial of the suit before Roz Mawar, scheduled to begin on June 16, to be stayed pending the outcome of proceedings in the apex 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.
Yusoff, who is currently held under remand at the Sungai Buloh prison, is facing charges for allegedly trafficking in cannabis, and for being in possession of imitation pistols.
The drug charge is punishable with either the death penalty or 30 years’ jail term plus a minimum 12 strokes of the rotan should he be found guilty.
He also risks a maximum one-year jail term or a fine of up to RM5,000, or both, for possession of the fake pistols.
High Court judge Jamil Hussin, who is presiding over the criminal trial, is scheduled to deliver his decision on June 12 as to whether the prosecution has proved a prima facie case or whether Yusoff is entitled to an acquittal.
