Mahathir won't testify in sex trial

Mr Anwar accused appeal judge of bias

Malaysia's former Deputy Premier Anwar Ibrahim has lost his court battle to force Prime Minister Mahathir Mohamed to appear as a witness in his sex trial.

Mr Anwar, who is already serving a six year sentence for corruption, is accused of sodomising his driver - a charge he has always denied.

Dr Mahathir sacked Mr Anwar in 1988

He maintains the charges against him have been fabricated to ruin his political career.

But Malaysia's highest court rejected an appeal on Wednesday which would have obliged Dr Mahathir to give evidence at the trial.

"We have no choice but to dismiss your case," said Eusoff Chin, chief justice of the federal court, after an hour of arguing with Mr Anwar.

The court's decision opens the way for a verdict in the sodomy trial to be handed down on Friday.

Bias

Mr Eusoff's ruling came after Mr Anwar said he would no longer participate in the proceedings because the judge was biased and "subservient" to Dr Mahathir.

Mr Anwar had asked Mr Eusoff to disqualify himself from hearing the appeal because of his "close ties" with Dr Mahathir.

"There still persists great apprehension and fear of bias in me," he told Mr Eusoff.

"I'm not withdrawing the appeal, but I'm not participating in the appeal because I have no confidence in your lordship."

Conspiracy

Mr Anwar, once Dr Mahathir's heir apparent, was sacked in September 1998.

He has since been convicted of abuse of power in a trial related to the sodomy case.

Mr Anwar says all the charges against him have been concocted as part of a political plot to drive him from office.

The prime minister has denied any conspiracy.

The High Court had already ruled in April that Dr Mahathir need not testify at the sodomy case.

Mr Eusoff had been due to review that decision before Friday's verdict.