PN urges AG to intervene in Anwar's reference application
PETALING JAYA : Perikatan Nasional has urged the attorney-general to intervene in an application by Prime Minister Anwar Ibrahim to refer eight questions of law to the Federal Court, including whether he has immunity from a civil suit scheduled for trial next month.
Opposition chief whip Takiyuddin Hassan said the AG, as the government's legal adviser entrusted with upholding the Federal Constitution, must intervene in the matter.
Takiyuddin, who is a lawyer, suggested that the AG join the proceedings as an intervenor or appear as amicus curiae (friend of the court).
He said the AG has a duty to scrutinise the legality and constitutionality of the prime minister's application and provide formal advice on the matter accordingly.
Takiyuddin also said the AG held the duty to prevent the establishment of a 'dangerous' judicial precedent that may undermine the principle of accountability for political leaders.
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Lawyer Rafique Rashid Ali, who appeared for former research assistant Yusoff Rawther, said yesterday that Justice Roz Mawar Rozain has fixed June 3 for parties to make oral submissions for the application.
The judge must first determine whether the legal questions posed cross the threshold for them to be referred to the Federal Court.
Anwar wants the apex court to rule whether Articles 39, 40 and 43 of the Federal Constitution grant him qualified immunity from a suit filed by Yusoff four years ago.
The other questions posed include the High Court's obligation to hold a 'threshold inquiry' to determine whether the suit constitutes an abuse of process or a threat to public interest, and if so, whether it must be stayed or dismissed 'to preserve constitutional governance'.
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, filed the suit against Anwar in 2021, claiming that he was assaulted at the PKR president'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 has denied the claim and filed a countersuit.
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