No polygraph test report for Anwar’s ex-aide in sex assault suit

Yusoff Rawther (left) is suing Anwar Ibrahim over an alleged sexual assault which he claimed took place at the latter’s home in Segambut, Kuala Lumpur, three years ago.

KUALA LUMPUR: The High Court has dismissed an application by Anwar Ibrahim’s former research assistant to secure the report of a lie detector test administered by the police on him following his complaint of sexual assault five years ago.

Justice Johan Lee said the report was unnecessary and would not assist in the fair disposal of a civil suit filed by Yusoff Rawther against Anwar.

Lee said he agreed with the government that this practice of using the report, if allowed now, would open the floodgates for claimants to use the police to prove their case in civil suits.

“This must not be condoned,” he said when delivering his broad grounds.

Lee said the polygraph test had yet to receive acceptance and was not considered reliable in many, if not all, jurisdictions.

“Therefore, if at all this court is to order its discovery, it would only create more disputes and uncertainty instead of assisting the court in the fair disposal of the trial,” the judge said.

Lee also agreed with the investigating officer who conducted the test that the report formed part of the investigation papers and was therefore protected under Section 124 of the Evidence Act 1950.

“Simply put, it is not for public consumption,” he added.

The polygraph report is linked to Yusoff’s account of an alleged sexual assault on Oct 2, 2018, allegedly perpetrated by Anwar.

Police have since classified the matter as requiring no further action.

Last September, Yusoff applied to the High Court to obtain the report of the polygraph test conducted on him by the police on Dec 19, 2019.

He named the police as the defendant in his discovery application.

Senior federal counsel Al-Saifi Hashim appeared for the government, while lawyer Navpreet Singh represented Anwar and Haniff Khatri Abdulla appeared for Yusoff.

Lee also awarded RM5,000 in costs to the government.

Yusoff filed the suit against Anwar in 2021, claiming that he had been sexually assaulted at the PKR president’s home in Segambut.

He alleged that following the incident, he was accused of plotting against Anwar to damage his political career. He also said the accusations had affected his mental health.

Anwar denied the claim and filed a countersuit.