Latest news with #RozMawarRozain
Free Malaysia Today
10-06-2025
- Politics
- Free Malaysia Today
Anwar allowed interim stay, June 16 ‘assault' suit vacated
The Court of Appeal said Prime Minister Anwar Ibrahim had shown special circumstances justifying the grant of a stay of the trial. PUTRAJAYA : The Court of Appeal has granted Prime Minister Anwar Ibrahim an ad-interim stay of a civil suit brought by a former research assistant over an alleged assault. The temporary stay is pending a full hearing of the prime minister's application, which will take place on July 21. A three-member bench chaired by Justice Supang Lian said Anwar had shown special circumstances to justify the grant of the application. 'We are of the considered view that under Section 44 of the Courts of Judicature Act 1964, we are empowered to make an ad-interim order to preserve the integrity of the appellant's (Anwar) stay. 'Accordingly, the trial in the High Court will be stayed pending the disposal of the stay application,' said Supang. Also on the panel hearing the application were Justices Faizah Jamaludin and Ahmad Fairuz Zainol Abidin. The bench also clarified that parties need not exchange witness statements on Friday (June 13) as directed by High Court judge Roz Mawar Rozain last week, given today's decision. The trial of the suit was scheduled to take place before Roz Mawar over seven days between June 16 and June 25 after she dismissed Anwar's reference application on grounds that none of the questions posed succeeded in crossing the threshold set out in Section 84 of the Courts of Judicature Act. In her 21-page judgment, she said the application was misconceived as to the jurisdiction of the courts, and was based on speculative doctrines with no constitutional footing. The prime minister wanted 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 Rawther four years ago. The suit filed by Yusoff relates to events which allegedly took place before Anwar took office on Nov 24, 2022. Anwar is appealing to the Court of Appeal against Roz Mawar's refusal to refer eight legal questions arising from the suit to the Federal Court for determination. He is seeking a stay of all proceedings pending the disposal of the appeal. 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. Today, before the bench, lawyer Alan Wong, appearing for Anwar, said the appeal against Roz Mawar's decision would be rendered academic and nugatory if the interim stay was disallowed. 'There is no prejudice to the plaintiff if the trial is suspended. He can be compensated in the event that the plaintiff proves his case,' he added. He said the seven-day trial would also disrupt and cause irreversible harm to the prime minister's executive function. 'It is not an ordinary suit but one laced with political motive,' he added. Counsel Rafique Rashid Ali submitted that the appeal on the reference questions was doomed to fail as they were rhetorical and had no basis in Malaysian jurisprudence. He also said the defendant knew the trial dates as they were fixed on June 6 last year. 'Yet he filed the reference application 23 days before the trial was to start through his new solicitors,' Rafique said, adding that his client should have his day in court as the suit was filed in 2021. Lawyers Shahir Tahir, K Rajasegaran, and SM Kavyaasrini also appeared for Anwar while Nurmustanir Nor and Amirul Ar-Rashid Azman acted for Yusoff.
The Sun
09-06-2025
- Business
- The Sun
High Court dismisses committal bid by former KL Tower operator
KUALA LUMPUR: The High Court here today dismissed the former operator of Kuala Lumpur Tower's leave application to commence committal proceedings against seven individuals and the government. The former operator, Menara Kuala Lumpur Sdn Bhd, and its parent, Hydroshoppe Sdn Bhd, are seeking contempt of court action against the eight for allegedly disrupting the administration of justice amid ongoing legal proceedings. Judge Roz Mawar Rozain, who rejected the application, ordered the two companies to pay RM25,000 to the respondents, including Communications Minister Datuk Fahmi Fadzil. Six other officials were also named as respondents, including Dang Wangi district police chief ACP Sulizmie Affendy Sulaiman, Federal Land Commissioner Datuk Muhammad Azmi Mohd Zain and Communications Ministry Secretary-General Datuk Mohamad Fauzi Md Isa. In her judgment, Judge Roz Mawar ruled that the court was not satisfied there was a prima facie case to warrant the granting of leave for contempt proceedings. She further held that the court was not persuaded by Hydroshoppe's assertion of encroachment on its properties, regardless of the manner, given that its contract with the government had lapsed on March 31. The court also dismissed the inter partes injunction application by Hydroshoppe and Menara KL, ordering both companies to pay RM20,000 each in costs to the government, as well as to LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd. The court then fixed July 14 to hear the striking-out applications filed by Fahmi and the three companies. Hydroshoppe and Menara KL filed a breach of contract suit against the respondents, alleging that LSH Capital and its subsidiaries induced a breach of an agreement purportedly reached with the government during a meeting in August 2022. The plaintiffs further claimed that the respondents engaged in dishonest assistance and are seeking a declaration that the award of the KL Tower concession to LSH Service Master is void and unlawful. In addition, they are claiming an estimated RM1 billion in damages and are seeking the concession of the iconic Kuala Lumpur landmark to be transferred back to them.
The Star
09-06-2025
- Business
- The Star
High Court dismisses former KL Tower operator's committal bid
KUALA LUMPUR: The High Court here has dismissed the leave application by the former operator of Kuala Lumpur Tower to commence committal proceedings against seven individuals and the government. The former operator, Menara Kuala Lumpur Sdn Bhd, and its parent, Hydroshoppe Sdn Bhd, are seeking contempt of court action against the eight for allegedly disrupting the administration of justice amid ongoing legal proceedings. Judge Roz Mawar Rozain, who rejected the application, ordered the two companies to pay RM25,000 to the respondents, including Communications Minister Datuk Fahmi Fadzil. Six other officials were also named as respondents, including Dang Wangi district police chief ACP Sulizmie Affendy Sulaiman, Federal Land Commissioner Datuk Muhammad Azmi Mohd Zain and Communications Ministry Secretary-General Datuk Mohamad Fauzi Md Isa. In her judgment on Monday (June 9), Judge Roz Mawar ruled that the court was not satisfied there was a prima facie case to warrant the granting of leave for contempt proceedings. She further held that the court was not persuaded by Hydroshoppe's assertion of encroachment on its properties, regardless of the manner, given that its contract with the government had lapsed on March 31. The court also dismissed the inter partes injunction application by Hydroshoppe and Menara KL, ordering both companies to pay RM20,000 each in costs to the government, as well as to LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd. The court then fixed July 14 to hear the striking-out applications filed by Fahmi and the three companies. Hydroshoppe and Menara KL filed a breach of contract suit against the respondents, alleging that LSH Capital and its subsidiaries induced a breach of an agreement purportedly reached with the government during a meeting in August 2022. The plaintiffs further claimed that the respondents engaged in dishonest assistance and are seeking a declaration that the award of the KL Tower concession to LSH Service Master is void and unlawful. In addition, they are claiming an estimated RM1 billion in damages and are seeking the concession of the iconic Kuala Lumpur landmark to be transferred back to them. - Bernama
Free Malaysia Today
05-06-2025
- Politics
- Free Malaysia Today
Court reserves judgment in Tommy Thomas's appeal to recuse judge
Former attorney-general Tommy Thomas's lawyer argued that High Court judge Roz Mawar Rozain was biased and had shown prejudgment when she dismissed his client's application to strike out the suit. PUTRAJAYA : The Court of Appeal has reserved judgment in former attorney-general Tommy Thomas's appeal to disqualify a High Court judge from hearing a malicious prosecution lawsuit filed by former minister Shahrir Samad. The three-member bench, led by Justice Supang Lian and comprising Justices Faizah Jamaludin and Ahmad Fairuz Zainol Abidin, said it would consider both written and oral submissions. A case management has been scheduled for June 12 to fix a date for the decision. Thomas's lawyer Alan Adrian Gomez argued that High Court judge Roz Mawar Rozain was biased and had shown prejudgment when she dismissed his client's application to strike out the suit. He claimed the judge relied on Thomas's memoir, My Story: Justice in the Wilderness, to suggest that Thomas had pressured the Malaysian Anti-Corruption Commission (MACC) to investigate Shahrir. 'Thomas will not be accorded a fair trial as there is a breach of natural justice,' he added. 'Thomas only asked MACC investigators to complete the probe expeditiously,' Gomez said, adding that while Thomas approved Shahrir's prosecution, it was his successor, Idrus Harun, who decided to proceed with the trial. Gomez also took issue with the judge's remark in her judgment that Thomas, before becoming attorney-general in June 2018, had helped topple the Barisan Nasional government. 'BN was voted out in the 14th general election,' he said. In response, Shahrir's lawyer Firoz Hussein Ahmad Jamaluddin argued that the recusal bid was baseless and made only after the strike-out application failed. He said a judge cannot be disqualified simply for making adverse rulings and noted that judges routinely dismiss strike-out applications but still go on to hear the full case if the plaintiff had an arguable case. He said the judge, in this case, wanted the trial to proceed as there was a prima facie case for malicious prosecution. 'The trial should proceed so that the truth can be tested through cross-examination,' Firoz said. He also highlighted that an MACC officer testified in Shahrir's money laundering trial that the investigation was incomplete when charges were filed. On Jan 5, 2023, High Court judge Jamil Hussin acquitted Shahrir of failing to declare RM1 million received from former prime minister Najib Razak to the tax authorities after the prosecution decided not to continue the case. Thomas filed the recusal application on Aug 26, 2023, alleging that Roz Mawar made baseless findings inconsistent with the lawsuit and evidence. Shahrir opposed the application, arguing that dissatisfaction with a ruling was not grounds for recusal. On July 3 last year, the judge dismissed Thomas's attempt to strike out the lawsuit. Shahrir, a former Johor Bahru MP, filed the suit in December 2022, naming Thomas, former MACC chief Latheefa Koya, MACC and the government as defendants. The suit centres on a RM1 million cheque from Najib, said to be intended for housing project restoration in Larkin, Johor. Thomas, who was attorney-general from June 2018 to February 2020, denies any abuse of power and says prosecution decisions were made only after reviewing investigation papers from relevant agencies. He resigned in February 2020, while Shahrir's trial began in July 2022.
Bloomberg
04-06-2025
- General
- Bloomberg
Malaysia Court Rejects Anwar's Bid to Pause Sex Assault Suit
Malaysia's High Court rejected Prime Minister Anwar Ibrahim's bid to pause a civil suit by his former aide, who accused the leader of committing sexual assault in 2018. High Court Judge Roz Mawar Rozain ruled that the civil suit did not deprive Anwar of his liberty, and found no merit in arguments that he was being selectively targeted because of his office. She added that the federal constitution does not provide immunity for prime ministers.
