High Court judge Arifin Jaka told sacked deputy prime minister Anwar Ibrahim's defence team that he must be convinced that Prime Minister Mahathir Mohamad personally fabricated sodomy charges against his former deputy before the court can decide whether to put Mahathir on the witness stand.

"You must convince me that Dr Mahathir played a role in fabricating sodomy charges against Anwar. Toppling one another in politics is common. It happens day to day," he said.

However, defence counsel Karpal Singh assured the court that Anwar's affidavit, which argued for Mahathir's court presence, "is a repetition of all the evidence that has been brought to court to show the PM fixed him (Anwar)".

Anwar filed a 10-page affidavit two weeks ago stating that Mahathir's evidence at the sodomy trial will prove without doubt that Anwar is "a victim of political conspiracy" that was aimed at shaming and tarnishing his reputation and toppling him from power.

But the judge asserted that he will not call Mahathir to testify in court if there is not enough evidence before him.

Arifin added that Finance Minister Daim Zainuddin and Deputy Education Minister Aziz Shamsuddin, named by Anwar as co-conspirators to oust him from power, will need to appear in court to adduce the evidence that the Prime Minister had indeed told them to fabricate evidence against Anwar before he would put Mahathir on the witness stand.

"If you (the defence) establish evidence that Aziz Shamsuddin did all this and said the PM approved this, then I will ask him (Mahathir) to come to court," said Arifin.

Ariffin also repeatedly told Karpal that he was not trying to protect Mahathir.

"Why should I protect him? I'm not here to protect the PM or protect Mahathir," Jaka said, adding that he knew this is a very serious issue and Anwar's whole life is at stake.

Anwar stands trial for sodomy and sexual misconduct together with adopted brother Sukma Dermawan Sasmitaat Madja. He is charged with sodomising ex-driver Azizan Abu Bakar "on one night between January and March 1993 at 7.45pm". Sukma is also charged with abetting and aiding Anwar to force sex on Azizan.

Mahathir, who was served with a subpoena last November, repeatedly told reporters he is willing to testify at his former deputy's sex trial. He, however, also said he would only answer questions relevant to the sodomy charges and not political conspiracy.

Karpal ended his submission in the morning session and lead prosecutor Abdul Gani Patail appealed to the court to rule evidence to be adduced through Mahathir in Sukma's case as irrelevant.

"There is no evidence to show that the PM Dr Mahathir knows or is acquainted with Sukma. Furthermore Sukma, in his evidence, had in no way implicated the PM whatsoever," Gani said. He would continue his submission tomorrow.

Meanwhile, defence lawyer Christopher Fernando said former domestic trade and consumer affairs minister and deputy home minister Megat Junid Megat Ayub was present today to take the witness stand. He was however not called due to the lengthy submissions made by the lawyers.

Fernando also said Daim and Aziz, who is also Mahathir's former political secretary, have engaged lawyers to set aside the subpoenas served on them.