THERE is already a precedent whereby the Federal Court had previously ruled against now incarcerated former premier Datuk Seri Najib Razak to be granted immunity from the extraordinary claim (civil suit) filed against the Malaysian Government by then Petaling Jaya Utara MP Tony Pua in January 2017.
Premised on the common law tort of misfeasance in public office, the thrust of the claim was that Najib had committed misfeasance in public office in relation to the sovereign fund 1MDB.
It was alleged that the then 10-term Pekan MP had abused his public office by personally benefitting from the receipt of monies from the 1MDB fund.
Against such backdrop, human rights activist and lawyer Siti Kasim opined that Prime Minister Datuk Seri Anwar Ibrahim is liable for the civil suit on se*ual harassment filed against him by his former research assistant Yusoff Rawther four years ago.
“Recall that Pua lost his case at both the High Court and Appeal Court levels but the Federal Court ruled that Najib can be charged with misfeasance in public office given the PM or any minister for the matter are regarded as civil servants,” she recounted on her latest YouTube rant.
“Moreover, in my personal opinion a PM should not be exempted from any civil suit in his personal capacity … After all, the civil suit filed by Yusoff revolves around sexual assault on him prior to him having assumed his PM office.”
Added the Orang Asli advocate: “Going by the precedent set by Najib’s case, Anwar can be sued on grounds that a PM doesn’t enjoy immunity but it seems that Yusoff has to wait for a few more years before the hearing of his civil suit can materialise.
“He may now have to wait for the decision of the Federal Court on Anwar’s immunity claim first … We can only pray that justice shall prevail for the righteous party.”
PMX seeks immunity
For context PMX had on yesterday (May 27) sought the Federal Court ruling if he should be granted immunity from the civil suit filed by Yusoff prior to him taking office on Nov 24, 2022.
The 31-year-old grandson of the late Penang consumer advocate SM Mohamed Idris had filed his civil suit in July 2021 in which he alleged that Anwar had sexually assaulted him on Oct 2, 2018 at Anwar’s residence in Segambut, Kuala Lumpur.
In his countersuit, Anwar claimed that Yusoff’s allegation of sexual harassment against him is unfounded as he was entertaining his family and friends at his residence. The KL High Court last year fixed the trial to be heard from June 16 to 19 and June 23 to 25.
However, Yusoff found himself charged in the KL High Court on Dec 5 last year here with trafficking in 305gm of cannabis in addition to having in his possession two imitation pistols to which he pleaded not guilty.
Framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, the drug charge which is punishable under Section 39B(2) of the same Act, provides life imprisonment and whipping of not less than 12 lashes upon conviction.
“Throughout his drug and pistol trial, Yusoff has incessantly claimed that he has been trapped and framed by people in the authority who holds grudges against him for his civil suit,” observed Siti Kasim.
“Additionally, Yusoff also filed two police reports by calling for investigation against Anwar’s former political secretary Datuk Farhash Wafa Salvador Rizal Mubarak but the police have yet to act on the reports filed by Yusoff.” – May 28, 2025
Main image credit: SK Studio/YouTube
