AGC says no case against Anwar in sexual assault complaint

Muhammed Yusoff Rawther has accused Anwar Ibrahim of sexual assault, triggering a police investigation under Section 354 of the Penal Code.

PETALING JAYA: The Attorney-General’s Chambers says there is no case against Anwar Ibrahim over the allegations of sexual assault lodged by his former research assistant Muhammed Yusoff Rawther.

Solicitor-General Engku Nor Faizah Engku Atek, who decided on the case following Attorney-General Tommy Thomas’ decision to recuse himself, said there were “contradictions of material facts”.

“We also found there is insufficient evidence to prosecute on the reports lodged based on the evidence available in the investigation papers,” she said.

Yusoff’s police report against Anwar in early December resulted in a probe by the Classified Criminal Investigation Unit (D5) under Section 354 of the Penal Code, which deals with using criminal force to outrage a person’s modesty.

Police had recorded statements from him and Anwar. The PKR president has rejected the allegations.

Engku Nor Faizah said Thomas had recused himself from the case “right from the outset”.

“This is consistent with the statement in the joint press release dated Aug 2 2018 by me and the then-solicitor general II in relation to the role of the attorney-general on matters in which he may be previously involved.

“Thus a team of deputy public prosecutors under my supervision were entrusted to evaluate the evidence and to make any decision thereon,” said Engku Nor Faizah.

Last week, Yusoff’s lawyer Haniff Khatri Abdulla warned that there would be conflict of interest if Thomas were to be part of any decision on the case.

Haniff had cited Thomas’ open support for Anwar in the past when the latter was charged with sodomy.

He cited as example an article in 2012 in the wake of Anwar’s acquittal by the High Court in the sodomy case involving Saiful Bukhari Azlan, in which Thomas wrote that Anwar’s prosecution was “all about politics, and nothing but politics”.

Anwar was jailed twice on charges of sodomy, both times in what he said were political conspiracies. His five-year jail term was cut short in 2018 following a royal pardon, just a week after the change of government in the May 9 general election.

In both cases, Anwar had claimed of high-level conspiracies to end his political career.