Malaysia’s Anwar given second chance to prove immunity from sexual assault suit

The Court of Appeals has ruled for a stay on all proceedings until it can be decided if the prime minister would need to answer the suit

Malaysian Prime Minister Anwar Ibrahim will be allowed to argue that he has legal immunity from a sexual harassment civil suit after the Court of Appeal ruled in his favour on Tuesday, just days before proceedings were due to start.

The suit, brought by Anwar’s former research assistant Muhammed Yusoff Rawther, alleges that Anwar sexually assaulted him in 2018 at the then-opposition leader’s private residence. Anwar has denied the allegations.

The case risks resurfacing controversies that have overshadowed Anwar’s political career for years.

On June 4, the High Court dismissed Anwar’s attempt to invoke legal immunity as prime minister to block the suit, exposing him to a potentially damaging court case. It said he was “seeking to create new immunity where none exists constitutionally”.

However, on Tuesday, the appellate court set aside that ruling in a unanimous decision.

“We hereby make an ad interim order to stay all proceedings, including full trial at the High Court, pending the disposal of the appellant’s application,” Judge Supang Lian said on behalf of her panel members, Faizah Jamaludin and Ahmad Fairuz Zainol Abidin.

The decision puts the civil trial on hold until the appellate court rules on whether to allow the matter to be be brought before the Federal Court. Malaysia’s apex court is the final authority on the question of immunity.

The prime minister has been criticised for seeking immunity, which the Malaysian public likened to US President Donald Trump’s own immunity claims to avoid legal consequences.

Yusoff’s lawyer Rafique Rashid argued that such a postponement infringed his client’s right to speedy justice, but Anwar’s legal counsel, Alan Wong, argued that there were “special circumstances” which necessitated the suspension.

“This is not just an ordinary civil suit. It is tainted by reasons of political motivation,” Wong argued. A proceeding before the High Court before the appeal was decided would render Anwar’s appeal “nugatory”, he said.

The High Court trial was originally scheduled to run from June 16 to 25.

Wong also attempted to submit Anwar’s official schedule to the court, arguing that the prime minister’s duties would be disrupted by the trial.

This case is the latest legal challenge tied to Anwar’s personal conduct since his sacking from Mahathir Mohamed’s government in 1998.

Twice convicted for sodomy in politically charged trials that led to over a decade of imprisonment, Anwar has long maintained his innocence, claiming the charges were part of a conspiracy to end his political career.

Since his comeback, Anwar has been trying to attract more Malays to his Pakatan Harapan coalition and has had to lean on former rivals Umno for support from the majority voter base.

“This [latest case] will be highly damaging, politically, for Anwar among the Malay-Muslim community,” said James Chin, a professor of Asian Studies at the University of Tasmania. Sodomy is a taboo topic for conservative Malay voters.