The United States is classified as “free” and Malaysia as “partly free” in Freedom House’s Freedom in the World 2024 report. However, US President Donald Trump enjoys more unbridled power than Malaysian Prime Minister Anwar Ibrahim.
Mr Anwar’s plea for immunity while in office has been rejected by the Malaysian High Court. He is accused of sexual assault by his former research assistant Muhammed Yusoff Rawther in 2018, four years before he became prime minister. Trial is due to start on June 16.
The High Court dismissed Mr Anwar’s application to refer eight constitutional questions to the Federal Court.
High Court Judge Roz Mawar Rozain said the federal constitution does not provide immunity for prime ministers.
She also ordered Mr Anwar to pay RM20,000 in costs to Mr Yusoff.
Mr Anwar’s lawyer, Alan Wong, said they would appeal the court’s decision.
Mr Anwar wanted the Federal Court to determine whether allowing the lawsuit to proceed would impair his ability to effectively discharge his executive duties, according to Wong.
Mr Anwar said in a statement: “This matter has never been about seeking personal immunity or escaping legal scrutiny. It concerns the integrity of our constitutional system and the need to ensure that high public office is protected from litigation that may be strategically timed, politically motivated, or institutionally disruptive.”
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Malaysian High Court vs US Supreme Court
The Malaysian High Court’s ruling on the prime minister contrasts with the US Supreme Court’s stance on the president.
The US Supreme Court has granted President Donald Trump significant immunity from criminal prosecution for actions taken during his presidency. In the landmark 2024 decision Trump v. United States, the court ruled that a president is entitled to absolute immunity for actions within their core constitutional duties and at least presumptive immunity for other official acts. However, there is no immunity for unofficial or personal conduct.
This ruling carried weight in legal proceedings against Mr Trump, particularly those related to his efforts to overturn the 2020 election. While some charges have been affected by this decision, others, such as his conviction in New York for falsifying business records related to hush money payments, have been upheld. The court determined that these actions were personal and not protected by presidential immunity.
Prosecuted leaders
While former leaders being prosecuted is relatively common in democracies, it is rare for a sitting leader to face criminal prosecution or conviction while still in office.
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Former heads of state or government charged with crimes include:
- Former French presidents Jacques Chirac and Nicolas Sarkozy. Both were convicted of corruption after leaving office.
- Former Israeli prime minister Ehud Olmert. He was convicted of corruption after leaving office.
- Former South Korean presidents Lee Myung-bak and Park Geun-hye, have been convicted and imprisoned after their term.
- Former Malaysian prime minister Najib Razak is currently serving a prison sentence for corruption. Another Malaysian premier, Muhyiddin Yassin, was charged with abuse of power and money laundering after leaving office.
- Former Argentine President Cristina Fernández de Kirchner was convicted of fraud after her term, though she continued to serve as Vice President while appealing.
Sitting leaders being prosecuted are rare but not unheard of.
Israeli Prime Minister Benjamin Netanyahu is currently on trial for corruption charges.
Former Austrian Chancellor Sebastian Kurz was criminally investigated on corruption charges while in office. He resigned and was later convicted of perjury.
Mr Anwar, 77, has faced legal battles and jail sentences in the past for what he calls politically motivated cases.
His former aide, Yusoff, 31, currently detained by the police, is on trial for alleged drug trafficking . He claims he was framed by those in power.
His lawyer, Muhammad Rafique Rashid Ali, welcomed the High Court ruling. He said it shows there is equality for everyone.
Mr Anwar’s plea for immunity was opposed by the civil society group, Lawyers for Liberty.
“This is not a concept that exists in any democratic country; it is a blatant violation of the rule of law and a flagrant feature of authoritarianism,” said Lawyers for Liberty director Zaid Malek, reported Bloomberg.
Awkward complications
Prosecuting leaders in office, however, can create awkward problems and may undermine their ability to carry out their duties. That is why there have been cases when ministers and officials have been suspended or asked to take leave while under investigation.
Singapore’s former transport minister S. Iswaran was instructed by the then prime minister Lee Hsien Loong to take a long leave of absence while being investigated for accepting valuable items from billionaire Ong Beng Seng. He was sentenced to 12 months’ jail in October 2024, but after four months in prison, he was put on home detention for the rest of his term.
Also noteworthy was the “hush money” case against Mr Trump. He was convicted by a New York jury of falsifying business records after his former personal lawyer, Michael Cohen, allegedly paid adult film actress Stormy Daniels $130,000 just before the 2016 election. However, the presiding judge, Juan Merchan, let hin off with an unconditional discharge on January 10. Ten days later, on January 20, Mr Trump was sworn in as president.
Featured photo from Facebook (for illustration purposes only)
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