
In response to the High Court's rejection of his application to refer constitutional matters to the Federal Court, Prime Minister Datuk Seri Anwar Ibrahim has clarified that his actions were not driven by an intent to secure personal legal protection. Instead, he explained, the effort aimed to preserve the integrity of Malaysia’s constitutional framework and shield high-ranking offices from legal actions that might disrupt national governance.
The application stemmed from a civil suit filed by Muhammed Yusoff Rawther, a former research assistant to Anwar, involving allegations of sexual misconduct said to have occurred seven years ago. The suit, filed in 2021, predated Anwar’s appointment as prime minister in November 2022.
Anwar emphasized that the legal questions raised were focused on the broader implications of allowing strategically timed litigation against individuals holding top public offices. He maintained that the objective was not to evade legal scrutiny but to ensure that such offices remain insulated from political or institutionally destabilizing legal actions.
Despite the court’s decision, Anwar reaffirmed his adherence to democratic principles and judicial independence. He conveyed that the ongoing legal process would not interfere with his duties as the country’s leader and that he would continue to fulfill his responsibilities without distraction or compromise.
The High Court, however, found no basis to elevate the legal questions to the Federal Court. Judge Roz Mawar Rozain determined that the issues presented did not meet the standard required under Article 128(2) of the Federal Constitution or Section 84 of the Courts of Judicature Act 1964. The court held that there was no substantial or justiciable constitutional matter warranting referral, as the provisions cited—Articles 39, 40, and 43—were found to relate more to the distribution of executive power than to any personal legal immunity.
According to the judge, no express or implied protection from civil liability was embedded within those constitutional articles. The interpretation, she added, should favor accountability over privilege, particularly in the absence of specific language granting immunity.
Anwar’s legal team, led by Datuk Seri Rajasegaran Krishnan, has indicated their intent to appeal the decision and to seek a temporary suspension of the upcoming trial proceedings, currently scheduled to begin on June 16.
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