‘Thread of trust already broken’: Jharkhand High Court grants doctor couple divorce

KUALA LUMPUR: The High Court has granted permission for Anwar Ibrahim to address five preliminary matters before his former research assistant, Muhammed Yusoff Rawther, initiates a sexual assault civil suit. Judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan determined that the issues raised by Anwar were appropriate to be resolved prior to a full trial under Order 33 Rule 2 of the Rules of Court.

He stated that the events alleged by Yusoff were sequential, with the defendant's role being to prove his presence at Anwar's Segambut residence on October 2, 2018, before any sexual assault or trespass could have taken place in the study. If the preliminary issues are ruled in Anwar's favor, the plaintiff's claim will cease; if in Yusoff's favor, the findings will be final and binding, confining the ongoing trial to the alleged sexual assault and/or trespass to the person.

The five preliminary issues encompass Anwar's then private secretary, Shukri Saad, allegedly instructing Yusoff to deliver a speech at Anwar's residence; Yusoff's travel with Anwar's security personnel, Norafee Ahmad; their meeting at the residence that day; and whether the alleged sexual assault or trespass could have occurred if Yusoff did not meet Anwar.

Additionally, the judge addressed whether Yusoff's writ and statement of claim would remain viable legally and factually. Raja Mohzanuddin emphasized that the preliminary issues could not be resolved via affidavits alone, and ordered a trial with oral evidence and cross-examination for the witnesses. The judge also permitted Yusoff to provide evidence on the facts and particulars of his statement of claim before the court addresses the preliminary questions.

The trial will be conducted via Zoom and remain open to the public, with the proceedings held in camera excluded. All subsequent proceedings in the suit will be suspended until the preliminary issues' resolution. The next case management hearing is scheduled for November 5, with a new judge presiding over the preliminary trial, including directions on access to the Zoom hearing and trial dates.

Yusoff filed the suit in 2021, claiming sexual assault and asserting the incident impacted his mental health; Anwar has denied the allegations and filed a counterclaim. In his statement of defence, Anwar alleged that Yusoff lied under oath to authorities about his claims, while also stating that the story was fabricated to damage Anwar's political career and prevent him from becoming prime minister.