PETALING JAYA: The High Court will rule on May 7 whether a former research assistant who filed a sexual assault suit against PKR president Anwar Ibrahim can make use of the report on a lie detector test the police administered on him five years ago.
Justice John Lee @ Johan Lee fixed the date after hearing submissions from parties in an online hearing today.
Representing Yusoff Rawther, lawyer Haniff Khatri Abdulla told the court that the report was prepared by the police when it conducted a criminal investigation which was later classified as no further action (NFA).
“Yusoff has now filed a civil suit and the report must be made available as the burden of proof is on him,” he said
Haniff said the report could serve as corroborative evidence to support Yusoff’s case on the balance of probabilities, adding that there is no law stating that such a report is inadmissible in civil cases.
“The court should also allow the report to be admitted as evidence and for the judge to determine how much weight is to be given (to it),” he said.
Anwar’s lawyer Navpreet Singh said Yusoff’s application should be dismissed as case laws in other jurisdictions like the US and Canada have ruled that such reports could not be used in civil suits.
“By nature, it is based on physiological indicators like the heartbeat and breathing rates,” he said, adding that it is inaccurate and unreliable compared to other established rules of evidence.
Navpreet said the best evidence was for cross-examination to be conducted on witnesses, including Anwar.
The polygraph report is linked to Yusoff’s account of the alleged sexual assault on Oct 2, allegedly perpetrated by Anwar.
Last September, Yusoff applied to the High Court to obtain the report of the polygraph conducted by police on Dec 19, 2019.
Senior federal counsel Al-Saifi Hashim, who appeared for the police, is also opposing Yusoff’s application.
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 as a result of the incident, he was accused of plotting to bring down Anwar and damaging his political career. He also said the accusations had affected his mental health.
Anwar denied the claim and has filed a countersuit.
