00:00The Kuala Lumpur High Court has dismissed Datuk Seri Anwar Ibrahim's application
00:04to refer eight legal questions to the federal court,
00:07including whether the prime minister enjoys immunity from lawsuits.
00:11The legal questions relate to a lawsuit filed by Anwar's former research assistant,
00:17Mohamed Youssef Rother, concerning an alleged sexual assault seven years ago.
00:22Judge Roz Mawar-Rozain made the ruling on Wednesday after finding that
00:26none of the articles of a federal constitution cited by Anwar's legal team
00:31give rise to any real, substantial, or justiciable question of constitutional law
00:37requiring determination by the federal court under Article 128, subsection 2
00:43of the federal constitution, or section 84 of Courts of Judicature Act, 1964.
00:52She said from a judicial perspective,
00:54the proposed questions do not appear to meet the threshold
00:57of genuine constitutional controversy.
01:00The prime minister had filed the application on May 23rd,
01:04seeking the high court, which is hearing the suit
01:07to refer the eight legal questions to the federal court.
01:10The eight legal questions include whether,
01:13under Articles 39, 40, and 43 of the federal constitution,
01:19a sitting prime minister enjoys limited immunity from lawsuits concerning allegations
01:25of personal conduct that occurred before his appointment.
01:29The court ruled that the eight proposed questions are speculative,
01:34not necessary to the disposal of this case,
01:37and do not concern the interpretation or validity of any constitutional provision.
01:42On immunity, the court said Articles 39, 40, and 43 on executive authority,
01:50which Anwar applies to refer,
01:52are structural provisions that allocate executive powers but do not confer personal immunity.
01:59The judge further stated that the defendant's contention
02:02that allowing a civil suit based on pre-appointment conduct
02:06may undermine the prime minister's ability to discharge executive functions is flawed.
02:13Judge Rosmauer said furthermore,
02:15Anwar has affirmed readiness to proceed with trial,
02:18and there's no evidence that the suit impairs his ability to perform constitutional duties,
02:24and this court finds no special circumstances warranting a stay of proceedings.
02:30The court also dismissed Anwar's application to stay the hearing of the suit,
02:34and ordered the trial to commence on June 16 as fixed earlier.
02:38She then ordered the defendant to pay the costs of 20,000 ringgit to the plaintiff,
02:43Muhammad Yusof.
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