THE High Court will first hear preliminary issues raised by Prime Minister Datuk Seri Anwar Ibrahim in a civil suit filed by his former aide, Muhammed Yusoff Rawther, over an alleged sexual assault in 2018.
Justice Raja Ahmad Mohzanuddin Shah Raja Mohzan, in allowing Anwar’s application today, said the questions went to the heart of Yusoff’s claim — whether he was at Anwar’s residence on Oct 2, 2018, when the alleged incident was said to have occurred.
Yusoff claims in his statement of claim that he was at Anwar’s home on that date and that the alleged assault took place there.
Anwar has denied the allegation, maintaining that he was at home with his daughter and received friends on the day in question.
Raja Ahmad said the central issue was whether the sequence of events described by Yusoff had taken place in the first place.
“Having analysed the statement of claim, I find that the primary issue in dispute between the parties lies in Section D, namely whether the alleged incident on Oct 2 took place.
“The subsequent sections depend entirely on the answer to that question,” he said in a decision that took more than two hours to deliver.
The judge said Yusoff’s allegations involved a sequence of events which, logically, required him to have been at Anwar’s residence for the alleged assault to occur.
“If the first event did not occur, the second event could not have occurred,” he said.
Raja Ahmad said the reasoning behind Anwar’s application therefore had a strong basis and ordered the preliminary issues to be determined at a separate hearing, with both sides allowed to call witnesses.
He also found that Yusoff would not be prejudiced by having the questions determined first.
The suit will proceed to trial if the preliminary questions are answered against Anwar, he said.
Anwar had sought to have the questions determined through an exchange of affidavits, but the court rejected that request.
Instead, the preliminary hearing will be conducted openly via Zoom as Yusoff is currently in the United Kingdom.
Raja Ahmad said the hearing should remain open to the public and suggested that members of the media and representatives of both parties be allowed to attend.
He stressed, however, that open justice did not require an online hearing to accommodate an unlimited number of viewers.
“Just as a physical courtroom can accommodate only a limited number of members of the public, an online hearing does not need to allow thousands of people to join before the requirements of open justice are met,” he said.
The judge said allowing the media to attend would satisfy the requirements of open justice while ensuring the proceedings remained orderly.
He also said the use of remote technology would not affect the court’s ability to observe witnesses and assess their evidence, as testimony would be given in real time and subject to cross-examination.
Yusoff filed the civil suit in 2021, alleging that Anwar had sexually assaulted him at the latter’s private residence in 2018.
Anwar has consistently denied the allegation. In his defence and counterclaim, he described the allegations as false and fabricated and said they were intended to damage his political reputation.
Anwar filed the application for the preliminary issues to be determined on March 31, while maintaining his denial of Yusoff’s allegations and his position that he was at home with his daughter on the date in question.
The civil suit has yet to proceed to a full trial – September 30, 2026
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