updated version Jailed ex-deputy premier Anwar Ibrahim's leave to appeal to the Federal Court over the striking out of his RM100 million defamation suit against Prime Minister Dr Mahathir Mohamad was dismissed with costs this morning.

The country's highest court - in a unanimous decision by a three-member bench consisting of Chief Justice Mohamad Dzaiddin Abdullah, Chief Judge of Malaya Wan Adnan Ismail and federal judge Abdul Malek Ahmad - ruled that the test applied by High Court judge RK Nathan in dismissing the suit was proper.

"The trial judge has correctly addressed the issues of justification and qualified privilege raised by Mahathir in his defence," said Dzaiddin, who read the judgment.

Nathan struck out the suit in August 1999 on the grounds that it was frivolous, vexatious and an abuse of the process of the court.

Sheltered by defence

On Dec 9 last year, the Court of Appeal dismissed Anwar's bid to pursue the suit and upheld the High Court decision to strike it out.

The Court of Appeal held that Mahathir was sheltered by the defences of justification and qualified privileges.