Waytha’s lawyer, S Karthigesan, told Justice Alice Loke during case management today that the former minister’s application for leave to appear as co-counsel in the case was filed on Jan 22.
Asked if there was any objection, senior federal counsel Sallehuddin Ali said he would seek further instructions from the Attorney-General’s Chambers.
The High Court also adjourned the hearing of Anwar’s application to strike out the suit, scheduled for today, after his counsel Ranjit Singh was hospitalised.
Loke set the hearing for Feb 25.
Lawyers Daniel Albert and Nicholas Yap appeared for Anwar.
When asked by reporters why he is seeking to appear as co-counsel, Waytha replied that he was a “trained lawyer”.
Karthigesan elaborated that his client had previously practised as a lawyer and served as a senator, adding that he was capable of addressing the court.
Waytha filed the lawsuit on Aug 14 last year.
He is seeking a judicial declaration that the full royal pardon granted to Anwar in 2018 did not remove the five-year constitutional disqualification imposed on persons convicted of criminal offences, and wants Anwar disqualified from sitting in the Dewan Rakyat under Article 48(1)(e) of the Federal Constitution.
He is also asking the High Court to declare Anwar’s election on Nov 19, 2022, and his appointment as prime minister five days later, null and void.
Anwar argues that the suit, in substance and effect, constitutes a direct challenge to his 2022 election to the Dewan Rakyat.
The PKR president says the suit contravenes Article 118 of the Federal Constitution, which prohibits an election from being questioned except by way of an election petition.
He also claims that the suit ought to be struck out as it is obviously unsustainable, does not disclose a reasonable cause of action against him, and is frivolous, vexatious and an abuse of court process.
On May 16, 2018, the 15th Yang di-Pertuan Agong, Sultan Muhammad V, granted Anwar a full pardon for three cases involving abuse of power and sodomy charges, citing a “miscarriage of justice”.
Anwar told a press conference at the time that the pardon was also granted on the basis that there was a conspiracy to condemn him and assassinate his political character.