Legal nonsense, say lawyers as AG urged to put brakes on Anwar's 'outlandish' immunity bid

Vocal rights group Lawyers for Liberty (LFL) has weighed in on the recent controversy sparked by Prime Minister Anwar Ibrahim's attempt to seek immunity for himself ahead of a sexual assault civil suit against him, calling the move "preposterous" and without any legal basis.

LFL also questioned the invocation of Articles 39, 40 and 43 of the constitution by Anwar's lawyer, referring to questions posed to the Federal Court to seek immunity for the prime minister.

"These provisions only relate to the executive authority of the Federation, that the Agong acts on advice and the formation of the Cabinet. It does not accord any sitting prime minister with immunity, and any attempt to include this goes against established principles on interpretation of constitutional provisions," said LFL director Zaid Malek in a statement.

"In short, to suggest that in our country,the prime minister has immunity from court actions by the public, is legal nonsense," he said.

Under Article 183 of the Federal Constitution, only the Agong and ruler of a state are immune from civil or criminal suits in his personal capacity unless such a suit is authorised by the attorney-general.

Zaid reminded that the Agong could still face civil and criminal cases under the same Article.

"It would be untenable and unacceptable for the PM to be given an immunity which the Agong does not possess.

"In these circumstances, it is the legal duty of the attorney-general to intervene in the civil suit and oppose the attempt to immunise the prime minister. The AG as the guardian of the public interest cannot ignore this matter and do nothing."

Anwar is being sued by Muhammed Yusoff Rawther, his former research assistant, who alleges that the PKR leader sexually assaulted him in October 2018, just days before he won the Port Dickson by-election.

The trial is scheduled to begin on June 16 at the Kuala Lumpur High Court.

Yusoff, 33, is currently on remand at the Sungai Buloh Prison after he was slapped with drug trafficking and firearms charges following a controversial police raid on his car in September last year. He has strongly denied the allegations, stating repeatedly that he was a victim of those in power, naming Anwar and his former political secretary Farhash Wafa Salvador as those who harboured a grudge against him.

Anwar's application for immunity has sparked strong reactions from politicians and the legal fraternity, many of whom described it as unprecendented and shocking.

In an affidavit filed in the Kuala Lumpur High Court last week, Anwar's newly appointed lawyer Megat Abdul Munir Megat Abdullah Rafaie also sought for a stay of proceedings of the civil hearing pending the application to the Federal Court.

Among others, Anwar wants the apex court to decide "whether a sitting prime minister enjoys a qualified immunity from civil suits in respect of alleged private acts predating his appointment", adding that the civil suit would "impair the effective discharge of his executive functions and undermine the constitutional separation of powers".

He is also seeking a ruling on whether allowing a civil suit involving allegations made against him before he took office would destabilise the "core institution of government", expressing concerns over his reputation due to "vexatious litigation that is strategically timed or politically weaponised to undermine his ability to govern".

Further, Anwar has invoked the courts' obligation "to protect a public officeholder's liberty and dignity from litigation that may impair the ability to discharge public duties, where no criminal guilt has been established."

LFL said it was irrelevant that the alleged sexual assault occurred before Anwar assumed top office.

"If this was a factor, then it would deprive the legal rights of any persons to make a legitimate claim against any current or prospective prime minister, which is a clear breach of the equality principles espoused in Article 8 of the Federal Constitution, which states that 'all persons are equal before the law'."

It said Anwar as the PM has a legal and moral obligation to uphold the constitution and not try to "renounce or alter the fundamental principles enshrined within it".

"The fact that Anwar has filed this outlandish application should ring a loud alarm bell to all Malaysians as it is a backdoor attempt to introduce a concept of legal immunity to the prime minister, the leader of the executive branch, simply by virtue of his position.

"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 LFL's Zaid.