Defence lawyer Raja Aziz Addruse told the Court of Appeal that contempt of court should not be used to "uphold the dignity of the judge but preserve the purity of justice". He added that complaints against the prosecutors do not constitute an interference to the due course of justice.

Raja Aziz said this during the appeal hearing of former deputy premier Anwar Ibrahim's counsel Zainur Zakaria, who was cited for contempt of court by High Court judge Augustine Paul during Anwar's corruption trial last year.

Raja Aziz said that Zainur should not be cited for contempt as Anwar has the right to file a complaint against lead prosecutor Abdul Gani Patail and his colleague Azahar Mohamed based on the information available to him.

Zainur was sentenced to three months jail by Paul on Nov 30, 1998 after refusing to unconditionally apologise to the court for filing Anwar's application to discharge Abdul Gani and Azahar for being involved in a move to fabricate sexual evidence against Anwar.

Anwar based his affidavit on Manjit Singh Dhillon's statutory declaration dated Nov 9, 1998 which detailed a meeting with Gani and a letter dated Oct 12, 1998 to Attorney General Mohtar Abdullah complaining of the prosecutor's conduct.

Manjit, in his affidavit, said both Abdul Gani and Azahar approached him to broker a deal with his client S. Nallakaruppan to fabricate sexual evidence against Anwar in return for a lesser charge. Businessman and Anwar's former tennis partner Nalla was then facing a charge which carries the death penalty for possession of bullets in his home.

Paul found the allegations in Anwar's affidavit baseless, scandalous and trying to undermine the integrity of the court. Upon sentencing, Paul also denied Zainur a stay of execution and bail. A prompt application to the Court of Appeal was allowed, and Zainur posted RM10,000 bail in one surety.

Zainur's appeal, which began today, is heard by Court of Appeal president Lamin Yunus, Mokhtar Sidin and Ahmad Fairus.

"The affidavit should not have been looked upon as false because the Attorney General did not challenge the affidavit or letter," Raja Aziz said. "If Anwar was entitled to file the affidavit, then the appellant was also right in doing so."

Zainur's appeal hearing continues tomorrow. He was accompanied, this morning, by his wife and two sons.

Meanwhile, Anwar's sodomy trial resumes tomorrow at the High Court. The trial was postponed to allow Prime Minister Mahathir Mohamad to reply to the affidavit filed by Anwar detailing the relevance of the premier's evidence to his case.

High Court judge Arifin Jaka is expected to make a decision tomorrow on whether Mahathir should testify in court if he fails to raise objections to the affidavit. Anwar's counsel Sankara Nair, however, said they are uncertain whether the Attorney General's Chambers has served the affidavit on Mahathir.

Anwar, forced into a political limbo following his shock dismissal from power, currently is serving a six-year jail term for corruption and stands trial, together with adopted brother Sukma Dermawan Sasmitaat Madja, for sodomy and sexual misconduct. Sukma is also charged for abetting and aiding Anwar to force sex on former driver Azizan Abu Bakar.

Anwar has repeatedly denied all charges and says they were fabricated by Mahathir's aides to end his political career.