KUALA LUMPUR: The High Court here today (May 7) dismissed Datuk Seri Anwar Ibrahim's former research assistant, Muhammed Yusoff Rawther's discovery application of the polygraph test to support his suit filed against the PKR president.
Judge Datuk Dr John Lee Kien How @ Mohd Johan Lee in his judgment ruled that the application was irrelevant, unnecessary and will not assist in the fair disposal of the trial.
"It is also a part of the investigation paper and thus a privileged document. It is my finding that the applicant, namely the plaintiff (Muhammed Yusoff), has not elaborated clearly the relevancy and the need of this document. A mere statement that it is relevant and necessary is insufficient.
"As the third party (Police) have averred in their affidavit and submission, the plaintiff must specify in detail why this polygraph test is crucial for the plaintiff's accusation of sexual harassment," he said.
He further said as averred by the investigating officer in his affidavit, this polygraph test is part of the investigating paper and is protected under Section 124 of the Evidence Act 1950 and it is not for public consumption.
The judge also found it alarming since it was the plaintiff who had requested for this polygraph test and it seems, now, he would like to use the report to establish his case.
He said if this practice is allowed it would open the floodgates and become a trend by the claimants out there to use the help of the police force to establish their private action in the civil courts and this must not be condoned.
The judge said to make it even more interesting, the plaintiff, not long ago, in this same case, had affirmed under oath in an affidavit saying that, the information about this polygraph is irrelevant and unnecessary.
"This admission by the plaintiff must be duly taken notice by this court. In fact, in that same affidavit, the plaintiff himself also averred that this would prolong or delay the trial.
"The law is clear, he cannot approbate and reprobate or as the legal saying has it, he cannot blow it hot and cold at the same time," he said.
The judge ordered the plaintiff to pay RM5,000 as cost to Police and fixed June 27, for case management.
Muhammed Yusoff had previously filed a third-party discovery application against the Police, seeking for disclosure of the polygraph test results which he had undertaken with the Police back in December 2019.
On July 14, 2021, Muhammed Yusoff, who is Anwar's former research assistant, filed the suit against Anwar claiming that Anwar sexually assaulted him.
He had sought, among others, special, general, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court.
Anwar, in his statement of defence filed on Sept 28, 2021, claimed that Muhammed Yusoff had lied under oath to the authorities regarding the sexual assault.
According to the PKR president, who filed a counterclaim on the same date (Sept 28), Muhammed Yusoff had concocted a story about sexual assault to tarnish his political career to ensure he does not become Prime Minister.
On Sept 9, 2022 the Kuala Lumpur High Court dismissed Muhammed Yusoff's application to strike out several paragraphs in Anwar's statement of defence and counterclaim. — BERNAMA