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Anwar trial debates Malaysia PM as witness

KUALA LUMPUR: A Malaysian judge said on Thursday that Anwar Ibrahim's defence would have to show that Prime Minister Mahathir Mohamad helped frame his ex-deputy before he would be called to testify in Anwar's sex trial.

"Here you must convince me that Dr Mahathir played a role in fabricating the charge against Datuk Seri Anwar," High Court Judge Arifin Jaka said as Anwar's sodomy trial resumed after a month-long break.

"Toppling one another in politics is common. It happens day to day," the judge said. "You will have to prove that the PM's involvement in this is absolute."

The judge was referring to a defence request that Mahathir be called as a witness in the 10-month trial that has split Malaysia's biggest party and galvanised the opposition.

Anwar, who was dismissed in 1998 and is serving a six-year jail sentence for corruption, is standing trial on one count of sodomy which carries a maximum punishment of 20 years in jail and whipping.

He also faces four other sodomy counts and one corruption charge.

Anwar, who has pleaded not guilty to all of the charges, says he was the victim of a political conspiracy by associates of Mahathir who wanted to prevent him from ever attaining power and exposing corruption and cronyism.

Mahathir, who has ruled Malaysia for almost 19 years, has said Anwar was morally unfit to succeed him and wanted to topple his government with riots.

Anwar's lawyer Karpal Singh said Mahathir shifted his stance towards Anwar after he sacked his former protege, proving there was a conspiracy against the former deputy prime minister.

But the judge said proof of a conspiracy would not be an adequate defence unless Anwar's lawyers could prove that the sodomy charge was fabricated.

"Assuming I'm convinced that the sodomy did happen, he cannot escape the charge as such," the judge said.

CONSPIRACY NOT ADEQUATE DEFENCE

The trial, which has been interrupted by other court cases related to Anwar, resumed on Thursday with lawyers arguing whether Mahathir should be compelled to testify as a defence witness.

Anwar and his adopted brother are jointly charged with sodomising the Anwar family's former driver between January and March 1993.

Mahathir said in October he would testify if required, but government prosecutors last month objected when the defence asked that the prime minister take the stand.

An appearance by Mahathir would mark the first face-to-face meeting in public between the two men since the day after the prime minister sacked Anwar from his cabinet in September 1998.

It could have political repurcussions as Malaysia's biggest party, Mahathir's United Malays National Organisation, prepares to hold its triennial leadership elections on May 11.

"VERY SERIOUS MATTER"

The defence has accused Finance Minister Daim Zainuddin and Mahathir's former political secretary Aziz Shamsuddin in court of masterminding a plot to smear Anwar.

Judge Arifin said he would need a clear indication that Mahathir was involved in fabricating a case against Anwar before ordering the prime minister to testify.

"If the witnesses say, 'Yes, the PM told me to do this,' then I will not stop him from coming," the judge said.

"Why should I protect him? I'm not here to protect the PM. If there is evidence before me, I will with all my conscience say the PM will have to come to court."

The judge added: "I know this is a very serious matter. His (Anwar's) whole life is at stake here."

After a short break in the trial, lawyers were to continue arguing on Thursday whether Mahathir should be called to testify. -Reuters