Malaysia court rejects Anwar’s bid to pause sex assault suit

[KUALA LUMPUR] Malaysia’s High Court rejected Prime Minister Anwar Ibrahim’s bid to pause a civil suit by his former aide, who accused the leader of committing sexual assault in 2018.

High Court Judge Roz Mawar Rozain ruled that the civil suit did not deprive Anwar of his liberty, and found no merit in arguments that he was being selectively targeted because of his office. She added that the federal constitution does not provide immunity for prime ministers.

Anwar’s lawyer Alan Wong said they would appeal the court’s decision. The trial is due to start on June 16. 

The setback for Anwar comes years after earlier convictions for committing sodomy and abuse of power – charges which he denied. Those accusations, which Anwar said were politically motivated, came in the wake of the Asian financial crisis of 1997-1998, when he was deputy prime minister until his dismissal from Cabinet.

In the current case, the 77-year-old had sought a stay in proceedings as his lawyers seek a Federal Court ruling on whether a sitting prime minister can be sued.

Former aide Yusoff Rawther filed the suit in 2021, accusing Anwar of sexually assaulting him in October 2018 in the latter’s residence in Kuala Lumpur. The alleged incident occurred before Anwar became prime minister in 2022. Yusoff is seeking special, general, aggravated and exemplary damages.

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Anwar wanted the Federal Court to determine whether allowing the lawsuit to proceed would impair his ability to effectively discharge his executive duties and undermine the constitutional doctrine of separation of powers, according to Wong.

Anwar’s bid for immunity ahead of the sexual assault civil suit against him could hurt his credibility as the premier crosses the midpoint of his five-year term. 

The case would have “far-reaching effects on the rule of law in the country,” Zaid Ibrahim, who served as law minister in 2008, said in a Facebook post last week. 

Civil society group Lawyers for Liberty said that any suggestion that Malaysia allows immunity for its prime minister from court actions is “legal nonsense,” according to a May 30 statement. The group called on the Attorney-General to oppose any attempt to grant the prime minister immunity.

“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 Lawyers for Liberty director Zaid Malek.

In September, Yusoff was arrested. He is on trial for charges of drug trafficking and possessing firearms, and faces life imprisonment and caning if convicted. He has denied any knowledge of the two fake pistols and cannabis that police said were found in his car, claiming that he was framed by people in power. BLOOMBERG