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Anwar lawyers press for Mahathir's testimony

KUALA LUMPUR: The defence in jailed former finance minister Anwar Ibrahim's sex trial may seek the arrest of Malaysian Prime Minister Mahathir Mohamad if he fails to comply with an order to testify this week, a lawyer said on Tuesday.

Defence counsel Christopher Fernando told Reuters that Anwar's lawyers expected to call Mahathir to the witness stand on Thursday in what would be an unprecedented courtroom appearance by a Malaysian head of government.

"By all accounts, he should be in the courtroom on Thursday morning," Fernando said during a break in Anwar's 8-1/2-month sodomy trial, which has exposed deep divisions in Malaysia.

"We have already given notice to the prosecution on this, and it's not necessary for us to ask the judge in open court."

Asked what the defence would do if Mahathir did not show up, Fernando said: "Then I think we have to look for the next course of action. Probably ask for a warrant of arrest."

Mahathir dismissed Anwar in September 1998, accusing him of being morally unfit and trying to topple his government with street demonstrations.

Anwar was arrested later that month and charged with five counts each of sodomy and corruption. He pleaded not guilty, saying he was the victim of a political conspiracy by Mahathir's associates who wanted to prevent him from winning power.

The 52-year-old former prime-minister-in-waiting was sentenced in April to six years in jail for corruption, and is standing trial on one count of sodomy which carries a maximum penalty of 20 years in jail and whipping.

High Court Judge Arifin Jaka issued a subpoena in October for Mahathir to testify, but lengthy testimony by Anwar, a back ailment that sidelined the judge and general elections delayed Mahathir's appearance.

Prosecutor Abdul Gani Patail declined to comment on whether Mahathir would appear. "Officially, I don't want to comment about this now as the case is still on and anything I say will be tantamount to sub judice."

But a member of the prosecution said government lawyers had not sought to set aside the subpoena ordering Mahathir to testify.

He said the subpoena had been conveyed by the attorney-general to the prime minister's office although the response was not yet known, and it was too early to consider alternative measures without knowing if Mahathir would turn up.

"Ask them (defence) to have more faith. If the subpoena is issued, he will turn up," the prosecution lawyer said.

In court on Tuesday, two journalists said they had covered a news conference by Mahathir on August 24, 1997, when he said there was no truth to allegations in a letter accusing Anwar of sex crimes.

Fernando asked R. Sivabalan, a reporter with the official Bernama news agency: "Was this a quote: 'The PM said there was an attempt to sabotage Anwar's image through allegations that Anwar was involved in a scandal.' Did he say this?"

Sivabalan: "Yes."

The letter has since become a critical piece of evidence in the government's case against Anwar.

A. Kathiresan from the New Straits Times daily said he attended a news conference by former police chief Rahim Noor on September 3, 1997 at which Rahim said allegations against Anwar has been dismissed by police as baseless and that a former police officer had also been arrested in connection with the case.-Reuters