Anwar applied for a STAY in the Yusoff Rawther's case until the Federal Court decided on the question whether the Prime Minister enjoys LEGAL IMMUNITY from civil cases whilst he is Prime Minister - personally, I do not think he should. Even the King and Rulers can face legal suits commenced by anyone, so no JUSTIFICATION for any such immunity. Furthermore, he is not being sued as Prime Minister, but personally as Anwar Ibrahim...
The appeal in question is in relation to Anwar’s bid to refer legal questions to the Federal Court, on whether a sitting prime minister has qualified immunity from civil lawsuits during his tenure. The High Court had on June 4 rejected Anwar’s bid to refer the legal questions to the Federal Court. - Edge, 9/9/2025
ODD - Why did Anwar not make a similar application in all other cases - including the defamation suit commenced by Mahathir against him for defamation. In my opinion, to be consistent and reasonable, a similar application to stay proceedings in all civil cases where Anwar Ibrahim is named as a party...
So, was Anwar Ibrahim unusually worried about Yusoff Rawther's suit of sexual abuse/harassment?? I and many have been waiting for this trial to begin, so we can get a better picture of what was being alleged - and hear the facts as Yusoff takes the stand to testify...
The High Court judge dismissed Anwar's application, and Anwar appealed to the Court of Appeal - which fixed the hearing date in March 2026? So far away - why?
In a letter dated Sept 8, to Court of Appeal President Datuk Abu Bakar Jais, Yusoff’s lawyers from the firm Law Practice of Rafique requested that the appeal, currently scheduled for hearing on March 4, 2026, be brought forward.
I think the Court of Appeal should decide faster - as nobody wants the Yusoff Rawther's trial to be delayed any further.
Yusoff, now 32, filed the civil suit against Anwar in July 2021, alleging that he had been sexually assaulted at Anwar’s Segambut home on Oct 2, 2018.... Yusoff's civil suit comes after he made a statutory declaration and a police report over the incident in 2019. In January 2020, the Attorney General’s Chambers said it would not pursue the matter. - Edge, 9/9/2025
# After the incident, Yusoff did file a police report - and even when the police failed, he applied to the Public Prosecutor ...when all else failed, he filed the civil suit in 2021 - and the trial is YET to start more than 4 years later...is it because the named Defendant is the Prime Minister? This is just not right .... Even if what Yusoff alleges is TRUE - he may still fail in the civil court because he failed to prove his allegations on a 'Balance of Probabilities' - which is not really that easy in cases of rape or sexual assault - when it is only the victim and perpetrator present, and most likely no other eye-witness to the crime. It is just as difficult to prove that police officer A tortured the victim - when in such cases, it may not be because of a lack of eye-witnesses but because of WEIRD 'brotherhood mentality' amongst some law enforcement ...
The "balance of probabilities" is a standard of proof used in civil legal cases, meaning a judge must be convinced that a fact or event is more likely than not to have occurred. This is also known as a "preponderance of the evidence" and requires a probability greater than 50%.
Now, the Mahathir-Anwar trial is proceeding now - but the Yusoff Rawther's suit has been stayed because Anwar wants to ask the Federal Court on whether a sitting prime minister has qualified immunity from civil lawsuits during his tenure.
Dr Mahathir Mohamad’s RM150 million lawsuit against his one-time heir apparent, Anwar Ibrahim, took a tense turn today with the long-time former premier bitterly complaining about questions posed to him in court...“I’d like to point out that the line of questioning has nothing to do with (my) complaint that Anwar defamed me,” Mahathir told Judicial Commissioner Donald Joseph Franklin....“Anwar accused me of committing a crime, stealing money, enriching myself and my children, (and) moving money abroad. These are what make the accusation against me defamatory.”...The trial will resume on Oct 29 - FMT, 23/10/2025
3rd Judge to take over this trial -and the new Judge was just appointed on 13/8/2025 - and thus the validity of the appointment is Doubtful.
Roz
Mawar Rozain must recuse herself from Yusoff Rawther - Anwar Ibrahim
case for justice to be seen to be done. Will judges 'picked' by Anwar be
INDEPENDENT in cases involving Anwar, family/friends or even his
government?
SHAH ALAM (Aug 18): The hearing of Tun Dr Mahathir Mohamad’s RM150 million defamation suit against Datuk Seri Anwar Ibrahim, initially scheduled on Tuesday (Aug 19) and Wednesday (Aug 20), has now been deferred for two months and will begin on Oct 21 instead.
The date was fixed by newly appointed Judicial Commissioner Datuk Donald Joseph Franklin in a case management on Monday, who is taking over from JC Zaharah Husain.
Franklin was previously the head of the Civil Division of the Attorney General’s Chambers and was recently sworn in to the judiciary last Wednesday (Aug 13).
He is the third judge to take over the matter, after the case was slated earlier before Jamhirah Ali who had recused herself due to her purported ties with one of the lawyers representing the parties. - Edge, 18/8/2025
WHY Doubtful?
It is generally accepted that after the Judicial Appointments Commission Act 2009, the Prime Minister can no longer be free to choose whoever he wants to be appointed judge, or elevated to higher court or high Judicial Office save those specifically recommended by the Judicial Appointments Commission (JAC ).
Doubts arose that this PM Anwar may have appointed/elevated judges, those not recommended by the JAC. Anwar could have easily settled this doubt by stating that all appointments/elevation in the Judiciary that he advised the King were as recommended by the JAC -he did not, and so Doubts remain - hence the new 'Judicial Crisis' - raising doubts of all Judicial Appointment since Anwar Ibrahim became Prime Minister.
If PM Anwar Ibrahim just choose persons recommended by the 'correct' JAC, and advised the king to appoint - Then ALL OK and NO JUDICIAL CRISIS.
HOWEVER, if any or some judges that he advised the King to appoint/elevate were not recommendations of the JAC - then, we have a problem - or a JUDICIAL CRISIS - we are back to the same problem that came to light in 2007.
Before, it was true that the Prime Minister had absolute power in choosing judges, deciding which judge be elevated, and which Judge be the Chief Justice, etc -the King had no choice but to appoint as advised by the PM. All other obligations are consultations with required judge and Rulers Conference - PM no need to get their approval.
BUT NOW - the Judicial Appointments Commission pick out those truly qualified - and give the recomendations to the PM, who then pick 1 from the JAC's recommendations, and advise the King. [So, PM no longer can whoever he wants - his choices limited to persons/judges recommended by the JAC]
The CONCERN now is whether even the current Chief Justice of Malaysia is Wan Ahmad Farid Wan Salleh, who was appointed on July 28, 2025 was recommended by the 'correct JAC' - Why are we asking whether it is the 'correct' JAC - Reasonably JAC starts finding a CJ or any judge when the vacancy is about to happen - so, the JAC that recommended Wan Ahmad Farid should have included the former CJ Tengku Maimun Tuan Mat and the former President of COA - so, the question is 'was Wan Farid one of the names recommended by this JAC as a person qualified to be the next Chief Justice - The JAC would have recommended about 3-5 names - so was Wan Ahmad Farid one of the names recommended? OR was Wan Ahmad Farid recommended by a JAC that did not include Tengku Maimun? Here lies the DOUBTS - it is about the appointment process - NOT about the person Wan Ahmad Farid and his qualifications, character, etc..
The best solution is a ROYAL COMMISSION OF INQUIRY to look into this matter....
What is from now on, the PM faithfully only picks persons recommended by the JAC - Will the problem be settled?
NO, it will not be - because the most important matter that needs to be CONFIRMED is that Chief Justice of the Federal Court (as chairman), the President of the Court of Appeal, the Chief Judge of the High Court in Malaya, the Chief Judge of the High Court in Sabah and Sarawak are PROPERLY APPOINTED, and were recommended by the 'correct' JAC - because, if not, there has been an 'effective' change of the 4 who will be involved in ALL future appointment/elevation of judges...
ASK THIS QUESTION - if Chief Justice of the Federal Court (as chairman), the President of the Court of Appeal, the Chief Judge of the High Court in Malaya, the Chief Judge of the High Court in Sabah and Sarawak were different from the current ones, would the same persons be appointed as NEW judges, would the same judges be elevated to the Court of Appeal and Federal Court or to some Judicial Office...
As it is the Rulers are already UNHAPPY that the PM picks 5 members of the JAC - they want the Prime Minister to have NO ROLE in choosing the members of the JAC too
The Malaysia Judicial Appointments Commission (JAC) is made up of nine members: the Chief Justice of the Federal Court (as chairman), the President of the Court of Appeal, the Chief Judge of the High Court in Malaya, the Chief Judge of the High Court in Sabah and Sarawak, and 5 others who are picked by the PM
Dr M’s defamation trial against Anwar deferred two months, to be heard before new judicial commissionerBy Hafiz Yatim / theedgemalaysia.com18 Aug 2025, 01:45 pmUpdated -Tun Dr Mahathir Mohamad seen at Shah Alam Court (Photo by Zahid Izzani/The Edge)
SHAH ALAM (Aug 18): The hearing of Tun Dr Mahathir Mohamad’s RM150 million defamation suit against Datuk Seri Anwar Ibrahim, initially scheduled on Tuesday (Aug 19) and Wednesday (Aug 20), has now been deferred for two months and will begin on Oct 21 instead.
The date was fixed by newly appointed Judicial Commissioner Datuk Donald Joseph Franklin in a case management on Monday, who is taking over from JC Zaharah Husain.
Franklin was previously the head of the Civil Division of the Attorney General’s Chambers and was recently sworn in to the judiciary last Wednesday (Aug 13).
He is the third judge to take over the matter, after the case was slated earlier before Jamhirah Ali who had recused herself due to her purported ties with one of the lawyers representing the parties.
The new date was confirmed by Anwar’s lawyer Alliff Benjamin Suhaimi when contacted by The Edge.
The centenarian Mahathir arrived in court with his counsel Rafique Rashid Ali at 10.30am.
The former prime minister had filed the RM150 million defamation suit against the current prime minister in May 2023, over claims made by Anwar during a speech at the Parti Keadilan Rakyat (PKR) congress in March 2023, alleging that “a leader of 22 years and 22 months” had enriched his own family.
Anwar, in his defence to Mahathir’s suit, claimed that the statements he made at the party’s congress were true.
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