Malaysia’s top court to hear Anwar’s immunity bid in sexual harassment case

The prime minister faces a civil suit filed by a former research aide who has accused him of sexual assault at his private residence in 2018

Malaysia’s highest court said on Monday that it would consider Prime Minister Anwar Ibrahim’s application for legal immunity from a civil sexual harassment suit, amid long-standing allegations against the veteran leader.

The Court of Appeal ruled that proceedings must be postponed to allow Anwar to pursue a constitutional challenge over whether a sitting prime minister should be shielded from such lawsuits, particularly those related to events before he took office that might be politically motivated.

Anwar is facing a civil suit filed by his former research aide, Muhammed Yusoff Rawther, who has accused him of sexual assault at his private residence in 2018, when he was the opposition leader. Anwar has denied the allegations.

The trial was initially scheduled to begin in mid-June, but a three-member bench earlier agreed it should be deferred to give Anwar sufficient time to seek clarification from the Federal Court on the scope of legal protections afforded to a serving prime minister.

Anwar’s lawyers have argued that the prime minister is “simply asserting his right to raise constitutional questions of public importance” and is not attempting to avoid trial.

At question is whether a sitting prime minister should be granted protection from politically motivated suits aimed at undermining the government, and whether civil suits involving conduct before a leader took office should be subject to safeguards.

These are serious and unprecedented questionsRajasegaran S. Krishnan, Anwar Ibrahim’s lawyer

“These are serious and unprecedented questions. If not addressed, any prime minister could be targeted with lawsuits timed for political impact, risking the stability of the executive,” Anwar’s lead lawyer, Rajasegaran S. Krishnan, said in a statement. “The prime minister has nothing to hide and is ready to respond to all claims through a process that respects the constitution and the balance of powers it upholds.”

Last month, Kuala Lumpur High Court dismissed Anwar’s attempt to invoke legal immunity as prime minister to block Muhammed Yusoff’s suit.

High Court Judge Roz Mawar Rozain ruled then that Anwar was “seeking to create new immunity where none exists constitutionally” when throwing out his application.

The trial was originally scheduled to run from June 16-25, potentially dredging up old controversies that had overshadowed Anwar’s political career for years.

It was the latest legal challenge tied to Anwar’s personal conduct since his sacking from the government in 1998 by his mentor-turned-rival, former prime minister Mahathir Mohamad.

Anwar was convicted twice on separate sodomy charges over the years, leading to more than a decade of imprisonment.

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The leader and his supporters have denied the charges, claiming they were part of a conspiracy to end his political career.

The Court of Appeal has set September 2 for his next hearing.