Appeals Court To Hear Anwar S Interim Stay To Suspend Trial On Tuesday

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 Lawyer K Rajasegaran says the date was fixed following case management before a court deputy registrar this afternoon.
On Wednesday, Justice Roz Mawar Rozain dismissed Prime Minister Anwar Ibrahim’s application to refer eight questions to the Federal Court as they failed to cross the threshold set out in Section 84 of the Courts of Judicature Act 1964. (Bernama pic)PUTRAJAYA: The Court of Appeal will hear Prime Minister Anwar Ibrahim’s application for an interim stay of the trial of a civil suit filed by a former research assistant on Tuesday, pending the outcome of an appeal
Lawyer K Rajasegaran, who appeared for Anwar, said the date was fixed following case management before a court deputy registrar this afternoon.
Rajasegaran said the court also fixed July 21 to hear a permanent stay application of the trial until the outcome of Anwar’s appeal to set aside the High Court’s refusal to refer eight legal questions arising from the suit.
Anwar had wanted the Federal Court to determine whether a sitting prime minister could be given protection from “frivolous and politically motivated” suits while holding office.
In the stay application filed yesterday by Messrs Zain Megat & Murad, the solicitors said there existed special circumstances to suspend the assault suit scheduled to begin in the High Court on June 16.
They said the appeal to refer the legal questions to the Federal Court would be nugatory if the trial proceeded.
“The adjournment in the High Court is of utmost importance and is necessary to preserve the principles of justice, equality and constitutional integrity,” they said.
They said the postponement would allow for complex and high-impact constitutional questions to be properly determined and interpreted.
On Wednesday, Justice Roz Mawar Rozain dismissed Anwar’s reference application, when it ruled that all eight questions posed 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 Anwar’s lawyers, gave rise to any real, substantial and justiciable questions of law that require a determination by the apex court.
Roz Mawar had ordered for the trial of Yusoff Rawther’s suit to begin at 9am on June 16 as scheduled.
The prime minister wanted the apex court to rule whether Articles 5(1), 8(1), 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.
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. - FMT

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