High Court judge Arifin Jaka in sacked deputy prime minister Anwar Ibrahim's sodomy trial said this morning he had yet to make up his mind whether to ask Prime Minister Mahathir Mohamad to appear in court.

However, he said that the subpoena served on Mahathir last October to appear as a witness remains. Arifin also ordered the defence to show the relevance of the Prime Minister's testimony to the case.

"I will order the defence to address me on what evidence is to be adduced and in what manner it is relevant," said Arifin. This means that the judge will decide whether to call Mahathir to the witness stand subject to arguments from the defence.

Both Anwar and his adopted brother Sukma Dermawan Sasmitaat Madja, who are charged for sodomising former driver Azizan Abu Bakar, will be filing separate affidavits by next Tuesday to inform the judge in what way Mahathir can give evidence in their defence. This includes the questions defence lawyers intend to ask the Prime Minister.

Arifin is expected to make his decision on Mahathir's court appearance perhaps on Tuesday. The trial was postponed to Monday when the defence will bring in new witnesses to the stand.

Anwar stands trial for sodomy and sexual misconduct and is serving a-six-year jail term for corruption relating to abusing his power while in office. The one-time heir apparent had repeatedly denied all charges and claims they were cooked-up by his political enemies to topple him from power.