Yusoff Rawther wants Anwar's reference appeal heard on July 21
PUTRAJAYA : Lawyers for former research assistant Yusoff Rawther have requested that Prime Minister Anwar Ibrahim's appeal, seeking to refer several legal and constitutional questions to the Federal Court, be expedited and fixed for hearing on July 21.
In a letter to Court of Appeal president Abang Iskandar Abang Hashim, the Law Practice of Rafique said the appeal records were complete, as the High Court had issued its written grounds for dismissing Anwar's application.
'A case management can be held earlier so that the appeal can be heard and disposed of on July 21,' the letter sighted by FMT read.
The lawyers said the appeal was limited to questions of law as there are no facts in dispute.
On June 10, a three-member Court of Appeal bench allowed Anwar an ad interim stay of a civil suit brought by Yusoff against him, and fixed July 21 for the full hearing of the stay application.
The appeals court also fixed the appeal proper for case management on Sept 2.
Rafique Rashid Ali, who is representing Yusoff, confirmed the matter.
As a result of the ad interim stay, the trial of the suit, scheduled to begin on June 16 before Justice Roz Mawar Rozian, was vacated.
Roz Mawar had on June 4 dismissed Anwar's reference application, ruling that none of the eight questions posed had succeeded in crossing the threshold set out in Section 84 of the Courts of Judicature Act 1964.
In her 21-page judgment, she held that the application was misconceived on jurisdictional grounds and rested on speculative doctrines which lacked a constitutional basis.
Anwar wants the apex court to rule on whether Articles 5(1), 8(1), 39, 40 and 43 of the Federal Constitution grant him qualified immunity from the suit filed by Yusoff four years ago.
The suit relates to events which allegedly took place before Anwar took office on Nov 24, 2022.
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.
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