At a press conference held shortly after the decision was handed down today, Anwar’s lawyer, K Rajasegaran, said they will immediately file an appeal to the Court of Appeal against the High Court’s decision.
Rajasegaran said the eight questions submitted are neither abstract nor academic in nature, but pertain to serious and unresolved constitutional issues.
He said the issues include the protection of executive functions, the risk of politically motivated litigation, and the scope of Articles 5(1), 8(1), 39, 40, and 43 of the Federal Constitution.
“We will also be applying for a stay of trial proceedings to preserve the integrity of the appeals process and to ensure that the defendant (Anwar) is not subjected to proceedings that may ultimately be found to be unconstitutional,” he said.
Earlier today, Justice Roz Mawar Rozain said the questions posed by the prime minister failed to cross the threshold set out in Section 84 of the Courts of Judicature Act 1964.
She said none of the articles cited in the Federal Constitution, as argued by the defendant’s lawyers, gave rise to any real, substantial and justiciable questions of law that require a determination by the Federal Court.
Roz Mawar also said the trial of Yusoff Rawther’s suit will begin at 9am on June 16 as scheduled, after rejecting an application by another member of Anwar’s legal team, Alan Wong, for a stay pending appeal.
In the application filed by the recently appointed solicitors, Messrs Zain Megat & Murad, Anwar said the apex court must decide whether the suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers.
At the hearing, lawyer Rafique Rashid Ali, representing Yusoff, called for Roz Mawar to reject the reference application, saying it has no direct bearing on the dispute before the court.
He said Article 43 of the constitution did not expressly or implicitly shield a sitting prime minister from any lawsuits.
Yusoff, a grandson of the late Penang consumer advocate SM Mohamed Idris, claims he was assaulted at Anwar’s home in Segambut in October 2018.
He is seeking general, special, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
Anwar denies the claim and has filed a countersuit.