PM Immunity: Anwar Files Appeal Notice Against Decision On Legal Questions Referral

KUALA LUMPUR, June 5 (Bernama) -- Datuk Seri Anwar Ibrahim has filed a notice of appeal against the High Court’s decision to dismiss his application to refer eight legal questions to the Federal Court, including whether a sitting Prime Minister enjoys immunity from civil lawsuits.

Anwar’s lawyer, Datuk Seri K. Rajasegaran, when contacted, confirmed the filing of the notice by Messrs Zain Megat & Murad.

“The notice of appeal was filed immediately after the proceedings ended yesterday. We hope to secure a hearing date before June 16,” he said.

Yesterday, High Court judge Roz Mawar Rozain dismissed Anwar’s bid to refer the eight legal questions after finding that none of the articles of a Federal Constitution (FC) cited by Anwar's legal team give rise to any real, substantial or justiciable question of constitutional law requiring determination by the Federal Court under Article 128(2) of the FC or Section 84 of Courts of Judicature Act 1964.

On May 23, the Prime Minister filed the application to refer the eight legal questions, which also include whether, under Articles 39, 40 and 43 of the Federal Constitution, a sitting Prime Minister enjoys limited immunity from lawsuits concerning allegations of personal conduct that occurred before his appointment.

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.

However, the Attorney General's Chambers on Jan 14, 2020, announced that it would not pursue the matter further, citing insufficient evidence and contradictions of material facts that could not support the prosecution of any person under Section 354 of the Penal Code.

The High Court, which is hearing the lawsuit, had earlier set the hearing dates from June 16 to 19, and from June 23 to 25.

-- BERNAMA